BILL NUMBER: SB 175 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 7, 1999
AMENDED IN SENATE MAY 17, 1999
AMENDED IN SENATE APRIL 14, 1999
INTRODUCED BY Senator Rainey
(Coauthors: Senators McPherson, Polanco, and Vasconcellos)
JANUARY 12, 1999
An act to amend Section 1903 of the Education Code, to
amend Sections 17, 19.2, 2900.5, 4019, 8051, 8052, 8061, and 8080 of,
to add Sections 19.3, 4000.2, and 8100 to, and to add Chapter 8.6
(commencing with Section 6140) to Title 7 of Part 3 of the Penal
Code, relating to punishment. An act to add Section
11112.5 to, and to add and repeal Chapter 10.4 (commencing with
Section 13895) of Title 6 of Part 4 of, the Penal Code, and to amend
Section 12805 of the Vehicle Code, relating to warrants, and making
an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 175, as amended, Rainey. Prison Inmate Population
Master Plan Warrants .
(1) Existing law empowers the Office of Criminal Justice Planning
(OCJP) to, among other things, define, develop, and correlate
programs and projects for the state criminal justice agencies.
Existing law establishes the California Law Enforcement
Telecommunications System (CLETS) which makes records maintained by
the Department of Justice accessible to, among others, law
enforcement agencies.
This bill would establish in OCJP the Service of Arrest Warrants
Pilot Program, a 3-year pilot program, to provide financial and
technical assistance to local law enforcement agencies in the City
and County of San Francisco and the Counties of Contra Costa and San
Bernardino for the purpose of assisting in the apprehension of
persons with outstanding arrest warrants. The bill would require:
(a) the executive director of OCJP to prepare and issue
administrative and procedural guidelines for the operation of the
program; (b) the agencies receiving funds under this program to
submit a specified report to OCJP one year after receipt of grant
funds and annually thereafter; and (c) OCJP to report to the fiscal
committees of the Legislature no later than January 1 following the
year in which OCJP has received any report from an agency, as
specified.
This bill would require the Department of Justice to transmit to
the Department of Motor Vehicles records of all felony and
misdemeanor warrants entered in CLETS by law enforcement agencies
pursuant to this bill.
(2) Existing law establishes a number of specified conditions
that, when applied to any person, prohibits the Department of Motor
Vehicles from issuing a driver's license to, or renewing the driver's
license of, that person.
This bill would include among these conditions the possession of
an outstanding arrest warrant.
(3) The bill would appropriate $1,500,000 from the General Fund to
the Office of Criminal Justice Planning for expenditures in support
of the Service of Arrest Warrants Pilot Program.
(1) Under existing law, no person sentenced to confinement in a
local correctional facility may be committed to that facility for
longer than one year.
This bill would authorize a person who is convicted and sentenced
for a nonviolent felony to be placed in a local correctional facility
for not more than 35 months, for purposes of treatment,
incarceration, and supervision, if the county in which the person is
convicted has an approved community-based punishment plan , has
executed a contract with the Board of Corrections to place that type
of offender, and the board makes a finding that incarceration of
felons in a county jail in that county is either cost neutral or a
savings to the state when compared to the cost of incarcerating
felons of similar classification in state prison. The bill would
specify the terms of those contracts. The bill would authorize the
board of supervisors of any county to designate a chief correctional
administrator and a correctional administrator, as defined by the
bill, to administer community-based punishment programs. Persons who
are placed pursuant to a community-based punishment plan would not
be given a term of parole.
This bill would declare the intent of the Legislature to
appropriate money in the annual Budget Act for the costs of the
contracts specified above.
(2) Existing law establishes a correctional medical facility under
the jurisdiction of the Department of Corrections to treat mentally
disordered, developmentally disabled, or controlled substance
addicted prisoners. Existing law also requires the department to
establish the standards for pilot projects to contract with private
sector health care facilities for the provision of medical,
developmental, and mental health services.
This bill would require the department to establish a Medical
Detention Program that uses licensed health care facilities for the
provision of medical, developmental, and mental health services
necessary for the treatment of severely ill, incapacitated, and
disabled inmates. The bill also would require the department to
establish a Medical Detention Evaluation Panel to make
recommendations to the Director of Corrections on inmate eligibility
for the program.
(3) Existing law defines "intermediate sanctions" as those
punishment options that may be provided by local correctional
agencies as alternatives to incarceration in a jail facility.
This bill would change the term to "intermediate punishments" and
would add incarceration in road camps and work camps to those types
of punishments.
Existing law requires community-based punishment plans to be
submitted for annual approval or modification by a county board of
supervisors.
This bill instead would require that they be submitted
periodically, as determined by the board of supervisors.
(4) This bill would make conforming changes.
Vote: majority 2/3 .
Appropriation: no yes . Fiscal
committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited
SECTION 1. Section 11112.5 is added to the Penal Code, to read:
11112.5. The Department of Justice shall transmit to the
Department of Motor Vehicles records of all felony and misdemeanor
warrants entered in the California Law Enforcement Telecommunications
System by law enforcement agencies pursuant to paragraph (1) of
subdivision (c) of Section 13896.
SEC. 2. Chapter 10.4 (commencing with Section 13895) is added to
Title 6 of Part 4 of the Penal Code, to read:
CHAPTER 10.4. SERVICE OF ARREST WARRANTS PILOT PROGRAM
13895. The Legislature finds and declares that the apprehension
of persons with outstanding arrest warrants is vital to the
protection of the public safety and the maintenance of the criminal
justice system. The Legislature further finds that the prevalent law
enforcement "chance encounter" strategy has not been effective in
reducing the backlog of arrest and bench warrants statewide.
According to the Board of Corrections' estimates, there were
2,595,335 unserved warrants at the end of 1998. The Legislature
further finds and declares that the ability of persons who have
arrest warrants pending against them to evade apprehension undermines
respect for the criminal justice system and places public safety at
risk. In enacting this chapter, it is the intent of the Legislature
to determine whether increasing financial resources, providing
technical assistance, and promoting innovative practices can reduce
or eliminate the backlog of arrest warrants and reduce crime in
jurisdictions that receive this assistance.
13896. (a) There is hereby established in the Office of Criminal
Justice planning (OCJP) a pilot program of financial and technical
assistance for local law enforcement agencies to assist in the
apprehension of persons with outstanding arrest warrants.
(b) The Office of Criminal Justice Planning shall, to the extent
that funds are made available for this purpose, distribute funds to
the City and County of San Francisco, and to the Counties of Contra
Costa and San Bernardino. These funds shall be distributed to the
San Francisco Police Department and to the county sheriffs'
departments of the Counties of Contra Costa and San Bernardino to be
used for the hiring of personnel and the development of policies to
reduce or eliminate the backlog of arrest warrants. As used in this
section "arrest warrants" includes bench warrants.
(c) The executive director of OCJP shall prepare and issue
administrative guidelines and procedures for the Service of Arrest
Warrants Pilot Program. The guidelines do not constitute rules,
regulations, orders, or standards of general application. These
guidelines shall, at a minimum, do all of the following:
(1) Require law enforcement agencies receiving funds to log all
felony and misdemeanor warrants to the Department of Justice's
California Law Enforcement Telecommunications System.
(2) Require law enforcement agencies receiving funds under this
program to collaborate with other public agencies, including law
enforcement agencies in neighboring jurisdictions, county probation
departments, social service agencies, and the state Department of
Motor Vehicles, to develop innovative approaches to apprehend persons
with outstanding arrest warrants.
(3) Require that funds received under this chapter supplement,
rather than supplant, current expenditures.
(d) Agencies receiving funding under this program shall report to
OCJP one year after the receipt of grant funds, and annually
thereafter, on the effectiveness of the grant in supporting their
efforts to apprehend persons with outstanding arrest warrants,
reducing or eliminating the backlog of outstanding arrest warrants,
and reducing crime.
(e) The Office of Criminal Justice Planning shall report to the
fiscal committees of the Legislature no later than January 1
following the year in which it has received any report from an agency
required by this section, evaluating the effectiveness of the grant
program.
(f) Of the total funds appropriated for the purposes of
implementing the program established pursuant to this chapter, OCJP
may spend up to 5 percent on administrative costs.
(g) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 3. Section 12805 of the Vehicle Code is amended to read:
12805. The department shall not issue a driver's license to, or
renew a driver's license of, any person:
(a) Who is not of legal age to receive a driver's license.
(b) Who is unable, as shown by examination, to understand traffic
signs or signals or who does not have a reasonable knowledge of the
provisions of this code governing the operations of vehicles upon the
highways.
(c) When it is determined, by examination or other evidence, that
the person is unable to safely operate a motor vehicle upon a
highway.
(d) Who is unable to read and understand simple English used in
highway traffic and directional signs. This subdivision does not
apply to any person holding an operator's or chauffeur's license
issued by this state and valid on September 11, 1957.
(e) Who holds a valid driver's license issued by a foreign
jurisdiction unless the license has been surrendered to the
department, or is lost or destroyed.
(f) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico,
and that license has been suspended by reason, in whole or in part,
of a conviction of a traffic violation until the suspension period
has terminated, except that the department may issue a license to the
applicant if, in the opinion of the department, it will be safe to
issue a license to a person whose license to drive was suspended by a
state which is not a party to the Driver License Compact provided
for in Chapter 6 (commencing with Section 15000) of Division 6.
(g) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United
States, the District of Columbia or the Commonwealth of Puerto Rico,
and that license has been revoked by reason, in whole or in part, of
a conviction of a traffic violation, until the revocation has been
terminated or after the expiration of one year from the date the
license was revoked, whichever occurs first, except that the
department may issue a license to the applicant if, in the opinion of
the department, it will be safe to issue a license to a person whose
license to drive was revoked by a state which is not a party to the
Driver License Compact provided for in Chapter 6 (commencing with
Section 15000) of Division 6.
(h) Who has an outstanding arrest warrant.
SEC. 4. The sum of one million five hundred thousand dollars
($1,500,000) is hereby appropriated from the General Fund to the
Office of Criminal Justice Planning for expenditures in support of
the Service of Arrest Warrants Pilot Program.
_____________________________________ All matter omitted in this
version of the bill appears in the bill as amended in the Senate,
May 17, 1999 (JR 11) ____________________________________