BILL NUMBER: SB 678	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2011

   An act to add Section 1203.83 to the Penal Code, relating to
probation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 678, as amended, Negrete McLeod. Probation: community
corrections multidisciplinary teams.
   Existing law authorizes the members of multidisciplinary teams
engaged in the prevention, identification, and control of juvenile
crime to share certain information with each other, as specified.
   This bill would, in addition, authorize counties, for purposes of
providing evidence-based practices and supervision to convene
community corrections multidisciplinary teams engaged in providing
community corrections supervision  , treatment, and services
 and evidenced-based rehabilitation programs  , as
specified.  The bill would require each community corrections
multidisciplinary team to maintain an informed consent policy in
order to authorize the   sharing of confidential,
privileged, or protected information among members of the team, as
specified. The bill would additionally require the county probation
officer   in each county utilizing a community corrections
multidisciplinary team   to develop and implement a
memorandum of understanding between the agencies participating in the
community corrections multidisciplinary team that includes, among
other things, a description of the types of information and writings
that may be shared between team members. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.83 is added to the Penal Code, to read:
   1203.83.  (a) Counties are authorized to convene community
corrections multidisciplinary teams for purposes of providing
evidence-based practices and supervision. Every member of a community
corrections multidisciplinary team who receives 
nonprivileged  information or writings shall be under the
same privacy and confidentiality obligations and subject to the same
penalties for violating those obligations as the person disclosing or
providing the information or writings. The information obtained
shall be maintained in a manner that ensures the protection of
confidentiality. 
   (b) As used in this section, "nonprivileged information" means any
information not subject to a privilege pursuant to Division 8
(commencing with Section 900) of the Evidence Code.  
   (b) Each community corrections multidisciplinary team shall
maintain an informed consent policy in order to authorize the sharing
of confidential, privileged, or protected information among members
of the team. The policy shall be developed and implemented by the
county probation officer with the advice of the local Community
Corrections Partnership. The informed consent procedures shall be in
compliance with state and federal laws protecting the confidentiality
of the types of information and writings that may be in the files
maintained by the community corrections multidisciplinary team. The
informed consent procedures shall provide the probationer with an
opportunity to consult with an attorney prior to consenting to the
release of information and contain provisions to inform the
probationer of the types of information and writings that may be
shared between members of the community corrections multidisciplinary
team and the types of information and writings the probation officer
will report to the court granting probation. 
   (c) As used in this section, "community corrections" means the
placement of persons convicted of a felony offense under probation
supervision, with conditions imposed by a court for a specified
period.
   (d) As used in this section, "multidisciplinary team" means any
team of three or more persons, the members of which are engaged in
providing community corrections supervision  , treatment, and
services   and evidence-based rehabilitation programs
 . The team may include, but is not limited to:
   (1) Probation officers.
   (2) Police officers, sheriffs' deputies, and other  law
enforcement   peace  officers.
   (3) Social workers.
   (4) Health and mental health providers.
   (5) Substance abuse treatment providers.
   (6) Education professionals.
   (7) Employment coordinators.
   (8) Representatives from community-based organizations with
experience in successfully providing rehabilitative services.
   (e) As used in this section, "evidence-based practices" means
supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under probation, parole, or postrelease supervision. 

   (f) As used in this section, "Community Corrections Partnership"
means a local Community Corrections Partnership established pursuant
to Section 1230. 
   (f) 
    (g)  This section shall not be construed to
independently authorize access to, or possession of, information from
local, state, or federal information systems or databases that
multidisciplinary team members are authorized to access or possess in
the course of their duties. 
   (h) In each county utilizing a community corrections
multidisciplinary team, the county probation officer, advised by the
local Community Corrections Partnership, shall develop and implement
a memorandum of understanding between the agencies participating in
the community corrections multidisciplinary team that includes, but
is not limited to, the role of each participating team member and
agency, a description of the types of information and writings that
may be shared between team members, the circumstances under which the
information will be shared, a description of the information and
writings the probation officer will report to the court, an informed
consent policy, and procedures for administering the informed consent
policy pursuant to subdivision (b).