BILL NUMBER: SB 863 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 12, 2014
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 9, 2014
An act relating to the Budget Act of 2014.
An act to amend Sections 12803, 15820.92, 15820.921, 15820.924,
30062, and 30070 of, to add Section 69927 to, and to add
Chapter 3.131 (commencing with Section 15820.93) to Part 10b of
Division 3 of Title 2 of, the Government Code, to add Section 1251.4
to the Health and Safety Code, to amend Sections 830.3, 830.38, 1026,
1170, 1170.3, 1233.15, 1233.6, 1233.61, 1370, 2694, 3060.7, 5006,
6141, 7050, 13821, and 13826.1 of, to add Sections 17.7, 667.2,
1170.06, 1233.10, 6032, and 6402 to, to add Article 2.4 (commencing
with Section 3016) to Chapter 8 of Title 1 of Part 3 of, and to add
Article 4 (commencing with Section 6045) to Chapter 5 of Title 7 of
Part 3 of, the Penal Code, to amend Section 14306 of the
Public Resources Code, and to amend Sections 1955, 1981, 1984, and
7228 of, to amend and repeal Section 17012.5 of, to amend, repeal,
and add Sections 11251.3 and 18901.3 of, to add Section 7234 to, and
to add and repeal Section 4023.5 of, the Welfare and Institutions
Code, relating to public safety, and making an appropriation
therefor, to take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 863, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2014. Public Safety.
Existing law establishes the Department of Finance with general
powers of supervision over all matters concerning the financial and
business policies of the state. Existing law authorizes the
Department of Corrections and Rehabilitation, a participating county,
as defined, and the State Public Works Board to enter into a
construction agreement in order to acquire, design, and construct a
local jail facility, as specified, using the proceeds of revenue
bonds, notes, or bond anticipation notes issued by the State Public
Works Board for that purpose.
This bill would require the Department of Finance, in consultation
with the County of Los Angeles, to identify options for ways the
state may assist in addressing the mental health and health
infrastructure needs of the County of Los Angeles jail system and
report its findings to the Joint Legislative Budget Committee on or
before January 15, 2015.
Existing law authorizes the Board of State and Community
Corrections, the State Public Works Board, and a participating
county, as defined, to acquire, design, and construct an adult local
criminal justice facility approved by the Board of State and
Community Corrections, or to acquire a site or sites owned by, or
subject to a lease option to purchase held by, a participating
county. Existing law authorizes the State Public Works Board to issue
up to $500,000,000 in revenue bonds, notes, or bond anticipation
notes to finance the acquisition, design, and construction of
approved adult local criminal justice facilities. The funds derived
from those revenue bonds, notes, or bond anticipation notes are
continuously appropriated for those purposes.
Existing law establishes the Department of Corrections and
Rehabilitation to oversee the state prison system. Existing law
authorizes the Department of Corrections and Rehabilitation to
design, construct, or renovate housing units, support buildings, and
programming space in order to add capacity to facilities under its
jurisdiction.
This bill would enact provisions similar to the provisions
described above authorizing the Board of State and Community
Corrections or the department, the State Public Works Board, and a
participating county, as defined, to acquire, design, and construct
an adult local criminal justice facility, as defined. The bill would
authorize the State Public Works Board to issue up to $500,000,000 in
revenue bonds, notes, or bond anticipation notes to finance the
acquisition, design, and construction of approved adult local
criminal justice facilities, and would continuously appropriate the
funds for those purposes. The bill would establish procedures for
approving and funding these projects.
Existing law establishes the California Health and Human Services
Agency, which consists of specified departments and entities
including, among others, the State Department of Health Care
Services, the State Department of Social Services, and the Office of
Patient Advocate.
This bill would establish the Office of Law Enforcement Support
within the agency.
Existing law provides that certain persons are peace officers
whose authority extends to any place in the state for the purpose of
performing their primary duty or when making an arrest, as specified.
These specified peace officers are not authorized to carry firearms,
except as provided. Existing law classifies certain police officers,
sheriff deputies, and firefighters who have responsibility for the
direct supervision of state peace officer/firefighter personnel as
state peace officer/firefighter members under the Public Employees'
Retirement System (PERS). Employees classified as safety members
under PERS, including state peace officer/firefighter members, are
generally entitled to higher benefits and subject to higher
contribution rates than employees classified as miscellaneous or
general members. Member contributions to PERS are deposited in the
Public Employees' Retirement Fund, a continuously appropriated fund.
This bill would provide that the Chief, Deputy Chief, supervising
investigators, and investigators of the Office of Protective Services
of the State Department of State Hospitals and the Office of
Investigations and Law Enforcement Support of the California Health
and Human Services Agency are peace officers for purposes of the
provision described above. The bill would make an appropriation by
increasing the amount of employee contributions to the Public
Employees' Retirement Fund.
Existing law authorizes the Board of State and Community
Corrections (BSCC), a participating county, as defined, and the State
Public Works Board to acquire, design, and construct an adult local
criminal justice facility, as specified, and requires them to enter
into an agreement for each facility that provides related performance
expectations of the parties, guidelines and criteria for the use and
application of the financing instruments used to pay for the
facility, and ongoing maintenance and staffing responsibilities for
the term of the financing. Existing law also authorizes the State
Public Works Board and the BSCC to borrow funds from the Pooled Money
Investment Account or from another appropriate source for project
costs of an adult local criminal justice facility. Existing law
authorizes the BSCC and a participating county, with the consent of
the State Public Works Board, to enter into leases, contracts, or
other agreements for property use, maintenance, or operation of an
adult local criminal justice facility.
This bill would also authorize the California Department of
Corrections and Rehabilitation to participate in the financing
program with participating counties and the State Public Works Board
for the acquisition, design, and construction of adult local criminal
justice facilities, to enter into the required agreements, to borrow
funds, and to enter into leases, contracts, or other agreements for
these purposes, as specified.
Existing law requires the establishment of a Supplemental Law
Enforcement Services Account in each county to be allocated for jail
construction, criminal prosecution, law enforcement grants, and for
the implementation of a comprehensive multiagency juvenile justice
plan. Existing law requires that moneys allocated from a Supplemental
Law Enforcement Service Account to a recipient entity be used to
supplement existing services and not to supplant any existing
funding.
This bill would instead prohibit local agencies from using these
moneys to supplant other funding for Public Safety Services, as
defined.
Existing law requires specified funds to be allocated to county
sheriff's departments from funds remaining in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011, as
specified. Existing law requires that funds allocated pursuant to
these provisions be used to supplement rather than supplant existing
law enforcement resources.
This bill would instead prohibit funds allocated pursuant to these
provisions from being used by local agencies to supplant other
funding for Public Safety Services, as defined.
Under existing law, the State Department of Public Health licenses
and regulates health facilities, including general acute care
hospitals and correctional treatment centers, including those
operated by the Department of Corrections and Rehabilitation and
those located on prison grounds.
This bill would require the State Department of Public Health,
upon application of the Department of Corrections and Rehabilitation,
to change the license category of a general acute care hospital
licensed to the Department of Corrections and Rehabilitation, or any
health facility located on prison grounds, to a correctional
treatment center license.
Existing law, the Superior Court Security Act of 2012, generally
requires the sheriff to be responsible for court security services
pursuant to a memorandum of understanding entered into with the
superior court of the relevant county.
This bill would state the intent of the Legislature to establish a
process and funding mechanism for sheriffs that overall incur
increased trial court security costs as a result of court
construction projects that had an occupancy date on or after October
9, 2011. The bill would allow counties that demonstrate increased
trial court security costs to request funding from the Department of
Finance. The bill would require this funding to be funded by the
General Fund, subject to an annual appropriation by the Legislature.
Existing law sets forth various findings and declarations of the
Legislature relating to crime, including the Legislature's
reaffirmation of its commitment to reducing recidivism among criminal
offenders and a declaration that California must reinvest its
criminal justice resources to support community-based corrections
programs and evidence-based practices that will achieve improved
public safety returns on the state's substantial investment in its
criminal justice system, as specified.
This bill would set forth legislative findings and declarations
that strategies supporting reentering offenders through practices and
programs have been demonstrated to significantly reduce recidivism
among offenders in other states, that improving outcomes among
offenders reentering the community after serving time in a
correctional facility will promote public safety and reduce
California's prison and jail populations, and that establishing a
California reentry program that encompasses strategies known to
reduce recidivism warrants a vigorous short-term startup in the
2014-15 fiscal year using readily available resources in the
community, as specified.
Existing law establishes the Department of Corrections and
Rehabilitation to oversee the state prison system. Existing law
establishes the Administrative Office of the Courts, which has
various responsibilities and authority over state court matters
granted by law and delegated by the Judicial Council. Existing law,
as added by Proposition 8, adopted June 8, 1982, and amended by
Proposition 21, adopted March 7, 2000, among other things, defines a
serious felony. Existing law, as amended by Proposition 36, adopted
November 6, 2012, commonly known as the Three Strikes Law, requires
increased penalties for certain recidivist offenders in addition to
any other enhancement or penalty that may apply, including
individuals with current and prior convictions of a serious felony,
as specified.
This bill would, subject to the availability of funding for and
space in the programs and services, authorize the department to
provide programs and services, including, but not limited to,
transitional housing, mental health, and substance abuse treatment to
an offender who is released pursuant to the provisions of
Proposition 36, and who is not subject to parole or postrelease
community supervision. The bill would require the department, in
consultation with the Administrative Office of the Courts, to
establish a referral process for those offenders to participate in or
receive the types of programs and services described above that the
department has existing contracts to provide. The bill would also
require the Administrative Office of the Courts to inform courts of
the availability of those programs and services.
Existing law designates various persons and peace officers,
including officers of a state hospital under the jurisdiction of the
State Department of State Hospitals or the State Department of
Developmental Services.
This bill would require, by July 1, 2015, the California Health
and Human Services Agency to develop training protocols and policies
and procedures for peace officers of a state hospital under the
jurisdiction of the State Department of State Hospitals or the State
Department of Developmental Services. The bill, when appropriate,
would require the training protocols and policies and procedures to
be uniformly implemented in both state hospitals and developmental
centers, and would require additional training protocols and policies
and procedures shall be developed to address the unique
characteristics of the residents in each type of facility. The bill
would require the agency, in consultation with system stakeholders,
to develop recommendations to further improve the quality and
stability of law enforcement and investigative functions at both
developmental centers and state hospitals in a meaningful and
sustainable manner and to submit those recommendations to the budget
committees and relevant policy committees of both houses of the
Legislature no later than January 10, 2015.
Existing law authorizes a court, when sentencing a person to
county jail for a felony, to commit the person to county jail for
either the full term in custody, as specified, or to suspend the
execution of a concluding portion of the term selected at the court's
discretion. Under existing law, this period of suspended execution
is supervised by the county probation officer and is known as
mandatory supervision.
This bill would require, unless the court finds, in the interests
of justice, that it is not appropriate in a particular case, that a
period of the concluding portion of a county jail term be served on
mandatory supervision. The bill would make this change applicable
prospectively to a person sentenced on or after January 1, 2015. The
bill would require the Judicial Council to adopt rules of court to
implement these provisions and related provisions of existing law no
later than January 1, 2015. By increasing the duties of probation
officers, the bill would impose a state-mandated local program.
Existing law authorizes the Secretary of the Department of
Corrections and Rehabilitation to offer a program under which
eligible female inmates who have been committed to state prison may
be allowed to participate in a voluntary alternative custody program
in lieu of confinement in state prison. Existing law defines that
alternative custody program to include confinement to a residential
home, a residential drug or treatment program, or a transitional care
facility that offers appropriate services. Existing law authorizes
the department to enter into contracts with county agencies,
not-for-profit organizations, for-profit organizations, and others in
order to promote alternative custody placements. Existing law
requires the department to use electronic monitoring, global
positioning system devices, or other supervising devices for the
purpose of helping to verify a participant's compliance with the
rules and regulations of the program.
This bill would authorize a sheriff or a county director of
corrections to implement a similar voluntary alternative custody
program for male and female inmates who have been committed to a
county jail for a determinate term of imprisonment for a felony or
for a misdemeanor, except that the bill would define an alternative
custody program operated by a sheriff or a county director of
corrections to additionally include confinement to a mental health
clinic or hospital that offers appropriate mental health services,
and would authorize, but not require, the sheriff or the county
director of corrections to use electronic monitoring, global
positioning system devices, or other supervising devices. The bill
would provide that the willful failure of the program participant to
return to the place of detention prior to the expiration of any
period of time during which he or she is authorized to be away from
the place of detention, unauthorized departures from the place of
detention, or tampering with or disabling, or attempting to tamper
with or disable, an electronic monitoring device is punishable under
a specified statute.
By creating a new crime, this bill would impose a state-mandated
local program.
Existing law establishes the Board of State and Community
Corrections to collect and maintain available information and data
about state and community correctional policies, practices,
capacities, and needs, as specified. Existing law establishes the
Recidivism Reduction Fund, to be used, upon appropriation by the
Legislature, for activities designed to reduce the state's prison
population, including, but not limited to, reducing recidivism.
Existing law, the California Community Corrections Performance
Incentives Act of 2009, authorizes each county to establish a
Community Corrections Performance Incentives Fund, and authorizes the
state to annually allocate moneys into the State Community
Corrections Performance Incentives Fund, a continuously appropriated
fund, to be used for specified purposes related to improving local
probation supervision practices and capacities. Under existing law,
if a county establishes a Community Corrections Performance
Incentives Fund, the county is required to establish a local
Community Corrections Partnership, as specified.
This bill would require a county board of supervisors, upon
agreement to accept funding from the Recidivism Reduction Fund and in
collaboration with the county's Community Corrections Partnership,
to develop, administer, and collect and submit data to the Board of
State and Community Corrections regarding a competitive grant program
intended to fund community recidivism and crime reduction services,
as specified. The bill would require the county board of supervisors
to grant the funds allocated to the county under these provisions to
community recidivism and crime reduction service providers based on
the needs of their community. The bill would specify the grant
amounts for which the counties and individual service providers would
be eligible and would limit the total amount of grants awarded to a
single community recidivism and crime reduction service provider by
all counties pursuant to these provisions to $100,000. The bill would
authorize up to 5% of the grant to be withheld by the county to pay
administrative costs. The bill would require funds allocated to a
county that are not expended within 4 years to revert to the state
General Fund and would require funds not encumbered with a community
recidivism and crime reduction service provider within one year after
the allocation of grant funding to revert to the state General Fund.
Existing law provides for a probation failure reduction incentive
payment for each eligible county, and establishes 3 tiers for
evaluating counties for purposes of calculating that payment.
Existing law also provides high performance grants to county
probation departments for purposes of bolstering practices to reduce
recidivism. Existing law provides for these incentive payments and
grants to be paid from the State Community Corrections Performance
Incentives Fund, as specified.
Existing law appropriates $1,000,000 from the State Community
Corrections Performance Incentives Fund to the judicial branch for
the costs of implementing and administering those probation failure
reduction incentive payments and high performance grants, as
specified. Under existing law, those funds are available for
encumbrance and expenditure until June 30, 2014.
This bill would, commencing July 1, 2014, and each fiscal year
thereafter, continuously appropriate $1,000,000 from the State
Community Corrections Performance Incentives Fund to the
Administrative Office of the Courts for the costs of implementing and
administering those probation failure reduction incentive payments
and high performance grants, as specified.
Existing law allocates any moneys remaining in the State Community
Corrections Performance Incentives Fund, after the calculation and
award determination of each county's tier payments or high
performance grant payments, to county probation departments, as
specified. Specifically, existing law requires that the award amount
for any county whose tier payment or high performance grant totals
less than $200,000 be increased to no more than $200,000, as
specified. Existing law also requires that the award amount for any
county that has a probation failure rate that is below the statewide
average be adjusted so that these counties receive no less than
$200,000, as specified.
Existing law requires that any funds remaining after the
allocations described above be evenly distributed to those counties
that did not receive a tier payment or a high performance grant
payment, as specified.
This bill would instead require that these remaining funds, up to
$200,000 per county, be evenly distributed to those counties that did
not receive a tier payment or a higher performance grant payment, as
specified, and would provide for the further distribution of any
funds that remain.
Existing law establishes the State Department of State Hospitals
for the administration of state hospitals and provides for the
involuntary confinement of certain individuals in those state
hospitals, including defendants who have been found incompetent to
stand trial and defendants found to be guilty of a crime, or who have
plead not guilty by reason of insanity, and found to be insane at
the time he or she committed the crime. Existing law provides that
the court shall order that the mentally incompetent defendant be
delivered by the sheriff to a state hospital, or to any other
available public or private treatment facility, including a local
county jail treatment facility, approved by the community program
director that will promote the defendant's speedy restoration to
mental competence, or placed on outpatient status.
This bill would include the community-based residential treatment
system, as described, as a public or private treatment facility to
which the above provisions apply, if the facility has a secured
perimeter or a locked and controlled treatment facility.
Existing law requires the court to select the state hospital in
accordance with the policies established by the State Department of
State Hospitals when directing that the defendant be confined in a
state hospital. Under existing law, prior to admission to the Napa
State Hospital or the Metropolitan State Hospital, the State
Department of State Hospitals is required to evaluate each patient
committed pursuant to specified provisions of law, and a patient
determined to be a high-security risk is required to be treated in
the department's most secure facilities, as provided. Existing law
requires a court to provide copies of specified documents, including,
among others, the commitment order, to be taken with the defendant
to the state hospital when the court orders that a defendant be
confined in a state hospital or other public or private treatment
facility.
This bill would repeal the provision requiring the court to select
the state hospital in accordance with the policies established by
the State Department of State Hospitals when directing that the
defendant be confined in a state hospital. The bill would instead
require, prior to admission to the State Department of State
Hospitals, the department to evaluate each patient committed pursuant
to specified provisions of law to determine the placement of the
patient to the appropriate state hospital. The bill would also
require a court that orders that a defendant be committed to the
State Department of State
Hospitals or other public or private treatment facility to
provide copies of any medical records with the documents described
above prior to the admission of the defendant to the department or
other treatment facility where the defendant is to be committed. The
bill would require the department to utilize specified documents,
including those described above and any medical records, to make the
appropriate placement. The bill would make conforming changes.
The bill would also require the State Department of State
Hospitals to establish a Patient Management Unit (PMU) to facilitate
patient movement across all facilities under the department's
jurisdiction and any psychiatric programs operated by the department
pursuant to a memorandum of understanding with the Department of
Corrections and Rehabilitation. The PMU's responsibilities would
include, among others, oversight and centralized management of
patient admissions. The bill would authorize the State Department of
State Hospitals to adopt regulations, as specified, concerning
policies and procedures to be implemented by the PMU, including,
among others, policies and procedures for patient referral to the
department.
Existing law, in placing a mentally incompetent defendant,
requires the community program director to evaluate the appropriate
placement for the defendant between a state hospital or a local
county jail treatment facility. If a local county jail treatment
facility is selected, existing law requires the State Department of
State Hospitals to provide treatment at the county jail treatment
facility and to reimburse the county jail treatment facility for the
reasonable costs of the bed during the treatment.
This bill would require the State Department of State Hospitals to
provide reimbursement to the community-based residential treatment
system if a mentally incompetent defendant is placed in that
facility.
Existing law requires the Department of Corrections and
Rehabilitation to expand substance abuse treatment services in
prisons to accommodate at least 4,000 additional inmates who have
histories of substance abuse, as specified.
This bill would generally require a substance abuse treatment
program funded by the department and offered in a facility under the
jurisdiction of the department pursuant to the provision described
above to include a peer counseling component, as defined, allowing
prisoners to receive the necessary training within those facilities
to become certified addiction counselors, including necessary course
work and clinical hours. The bill would require the department to
notify in writing the Assembly and Senate Committees on Budget and
the relevant Assembly and Senate policy committees at the time the
determination is made if the department determines that a peer
counseling component shall not be included as part of a substance
abuse treatment program offered in a facility under the department's
jurisdiction.
Existing law requires offenders convicted of certain felonies to
be incarcerated in state prison. Existing law authorizes the
Department of Corrections and Rehabilitation to contract for the
establishment and operation of community correctional reentry centers
to enhance the potential for successful paroles.
This bill would require the Secretary of the Department of
Corrections and Rehabilitation to establish the Case Management
Reentry Pilot Program for offenders, under the jurisdiction of the
department, who have been sentenced to a term of imprisonment in
state prison for purposes of assisting certain inmates in reentering
society upon their release from prison. The bill would require the
program to be established in at least 3 counties over a period of 3
years after enactment of the budget act of 2014, and would require
case management social workers to assist offenders assigned to the
program in managing basic needs, as specified. The program would
provide specified case management services. The bill would require
the department to contract for an evaluation of the program that will
assess its effectiveness in reducing recidivism among offenders
transitioning from prison into the community. The bill would require
the department to submit a final report to the Legislature and the
Governor of the findings from its evaluation of the program not later
than 3 years after the establishment of the program. Implementation
of the program would be contingent upon availability of funds, as
specified.
Existing law requires a supervising parole agency to notify a
person classified within the highest control or risk classification
that he or she is required to report to his or her assigned parole
officer or designated local agency within 2 days of release from
prison to parole or postrelease community supervision. Existing law
requires the supervising parole agency to report a parolee's failure
to report within 24 hours.
Existing law requires that the department release an inmate who is
subject to these provisions and was sentenced prior to June 27,
2012, one or 2 days before his or her scheduled release date if the
inmate's release date falls on the day before a holiday or weekend.
Existing law requires all other inmates to be released one or 2 days
after their scheduled release date if the release date falls on the
day before a holiday or weekend.
This bill would instead apply the one or 2-day early release
requirement to an inmate who is subject to the above provisions and
was sentenced prior to January 1, 1996.
Existing law establishes the Inmate Welfare Fund of the Department
of Corrections and Rehabilitation in the State Treasury. Existing
law provides that the moneys in the fund constitute a trust to be
used for the benefit and welfare of inmates of prisons and
institutions under the jurisdiction of the department. Existing law
allows the funds to be used for the establishment of canteens, hobby
shops, educational programs, hobby and recreational programs, inmate
family visiting services, leisure-time activities, and assistance
with obtaining photo identification from the Department of Motor
Vehicles. Under existing law, moneys in the fund, as they relate to
state prison camps, are continuously appropriated.
This bill would additionally authorize the use of fund moneys for
innovative programming by not-for-profit organizations offering
programs that have demonstrated success and focus on offender
responsibility and restorative justice principles, thereby making an
appropriation.
Existing law establishes the Board of State and Community
Corrections to collect and maintain available information and data
about state and community correctional policies, practices,
capacities, and needs, as they relate to both adult corrections,
juvenile justice, and gang problems. Existing law requires the board
to seek to collect and make publicly available data and information
reflecting the impact of state and community corrections, juvenile
justice, and gang-related policies and practices enacted in the
state, and information regarding evidence-based practices from other
jurisdictions.
This bill would establish the California Juvenile Justice Data
Working Group within the Board of State and Community Corrections,
consisting of members comprised of representatives from, among
others, the Department of Justice and the Judicial Council. The bill
would require the working group to analyze the capacities and
limitations of data systems and networks used to collect and report
state and local juvenile justice caseload and outcome data. The bill
would require the working group, no later than January 1, 2016, to
prepare and submit a report to the Legislature on the options for
improving interagency coordination, modernization, and upgrading of
state and local juvenile justice data and information systems, as
specified. The bill would also require the working group, no later
than December 31, 2014, to recommend a plan for improving current
juvenile justice reporting requirements.
This bill would also require the board to administer and award
mentally ill offender crime reduction grants on a competitive basis
to counties that expand or establish a continuum of timely and
effective responses to reduce crime and criminal justice costs
related to mentally ill offenders and require those grant funds to be
used to support prevention, intervention, supervision, and
incarceration-based services and strategies to reduce recidivism and
improve outcomes for mentally ill juvenile adults and offenders. The
bill would require the board to establish minimum requirements,
funding criteria, and procedures for awarding grants and would
require counties applying for grant funding to comply with certain
requirements, including a requirement that the county establish a
strategy committee to design the grant application. The bill would
require the board to develop an evaluation design for grants that
assesses the effectiveness of the program and to annually report to
the Legislature based on that evaluation design.
Existing law establishes the California Rehabilitation Oversight
Board in the Office of the Inspector General to regularly examine and
report to the Legislature and the Governor on the various mental
health, substance abuse, educational, and employment programs for
inmates and parolees operated by the Department of Corrections and
Rehabilitation. Existing law requires the board to meet at least
quarterly, and to report to the Governor and the Legislature
biannually, on March 15 and September 15.
This bill would instead require the board to meet twice annually,
and to report to the Governor and the Legislature annually, on
September 15.
Existing law requires that a regulation adopted by the Department
of Corrections and Rehabilitation that may impact the visitation of
inmates recognize and consider the value of visiting as a means to
improve the safety of prisons for both staff and inmates.
This bill would require the Department of Corrections and
Rehabilitation to develop policies related to the department's
contraband interdiction efforts for individuals entering detention
facilities under the jurisdiction of the department. The bill would
require that these policies, among other requirements, apply to all
individuals, use methods to ensure that profiling is not practiced,
and establish a method that ensures that no one, except as specified,
has advance notice of when a random search is scheduled.
Existing law appropriates $300,000,000 from the General Fund for
capital outlay to be allocated to renovate, improve, or expand
infrastructure capacity at existing prison facilities. Existing law
authorizes the funds to be used for specified additional purposes,
including design and construction of improvements to dental
facilities and medication distribution facilities at state prisons,
as specified.
This bill would also authorize the use of these funds for the
design and construction of projects in the Health Care Facility
Improvement Program at state prison facilities, thereby making it an
appropriation.
Existing law establishes in the State Treasury the Local Revenue
Fund 2011, a continuously appropriated fund, and requires that moneys
in the fund be allocated exclusively for public safety services, as
defined. Existing law further establishes the Law Enforcement
Services Account within that fund, and creates the Enhancing Law
Enforcement Activities Subaccount within the Law Enforcement Services
Account.
Existing law allocates moneys in the subaccount for county
sheriffs' departments, and, among other things, various crime
reduction programs, including the High Technology Theft Apprehension
and Prosecution Program, among others.
This bill would revise the percentage of funds to be allocated for
the High Technology Theft Apprehension and Prosecution Program from
the Enhancing Law Enforcement Activities Subaccount.
Existing law establishes the Gang Violence Suppression Program in
the Board of State and Community Corrections for financial and
technical assistance to district attorneys' offices, local law
enforcement agencies, county probation departments, school districts,
county offices of education, and community-based organizations which
are primarily engaged in the suppression of gang violence. Existing
law prohibits funds made available pursuant to these provisions from
being used to supplant local funds that would, in the absence of the
Gang Violence Suppression Program, be made available to support the
activities specified in these provisions establishing the program.
This bill would instead prohibit these funds from being used by
local agencies to supplant other funding for Public Safety Services,
as defined.
Existing law authorizes the Director of the California
Conservation Corps, implementing the California Conservation Corps
program, to recruit and employ corpsmembers and to adopt criteria for
employment in the program.
This bill would instead authorize the director to recruit and
enroll corpsmembers and to adopt criteria for selecting applicants
for enrollment, including individuals convicted of a crime described
in the California Uniform Controlled Substances Act. The director
would be required, when adopting this criteria, to take specified
factors into account.
Existing law establishes the Youthful Offender Block Grant Program
to enhance the capacity of county departments to provide appropriate
rehabilitative and supervision services to youthful offenders.
Existing law requires the Director of Finance to annually determine
the total amount of the block grant and the allocation for each
county, and to report those findings to the Controller who then makes
an allocation to each county from the Youthful Offender Block Grant
Special Account. Under existing law, 50% of the allocation amount for
each county is based on the number of the county's juvenile felony
court dispositions, according to the most recent data compiled by the
Department of Justice.
This bill would instead require, for purposes of determining this
allocation amount, the Department of Justice to provide to the
Department of Finance the number of juvenile felony court
dispositions for each county for the previous calendar year by July
10 of each year.
Existing law requires the establishment of a Juvenile Reentry Fund
in each county to receive all amounts allocated to that county
probation department to address local program needs for persons
discharged from the custody of the Division of Juvenile Facilities.
Existing law prohibits these funds from being used to supplant any
existing funding by local agencies for existing services provided by
that entity.
This bill would instead prohibit these funds from being used by
local agencies to supplant other funding for Public Safety Services,
as defined.
Existing law establishes the Juvenile Reentry Grant to provide for
the local supervision of persons discharged from the custody of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities. Existing law requires that 5.519% of the funds allocated
to the Juvenile Justice Subaccount from the Local Revenue Fund 2011
be deposited to the Juvenile Reentry Grant Special Account to be used
to fund grants for these purposes and requires the amount allocated
to each county probation department from the Juvenile Reentry Grant
Special Account be distributed pursuant to specified criteria.
This bill would require the Department of Finance to use this
criteria to determine each county's allocation as a percentage of the
funds deposited in the Juvenile Reentry Grant Special Account and
would provide that actual allocations provided to counties pursuant
to the criteria would vary under the bill based on the amount of
funds deposited in the Juvenile Reentry Grant Special Account.
Existing law provides for state hospitals for the care, treatment,
and education of mentally disordered persons, which are under the
jurisdiction of the State Department of State Hospitals.
This bill would require the Secretary of California Health and
Human Services to submit a report and recommendations to the fiscal
and appropriate policy committees of the Legislature reviewing and
evaluating best practices and strategies, including independent
oversight, for effectively and sustainably addressing the employee
discipline process, criminal and major incident investigations, and
the use of force within state hospitals and psychiatric programs run
by the State Department of State Hospitals. The bill would authorize
the secretary to consult with the Department of the California
Highway Patrol, the Department of Corrections and Rehabilitation, the
Office of the Inspector General, and other resources in the
development of the report and recommendations.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Under existing law, an individual
is ineligible for aid if the individual has been convicted in state
or federal court after December 31, 1997, of any offense classified
as a felony and that has as an element the possession, use, or
distribution of a controlled substance.
This bill would, beginning April 1, 2015, authorize CalWORKs
benefits to be paid to an individual who is convicted as an adult in
state or federal court after December 31, 1997, of any offense
classified as a felony that has as an element the possession, use, or
distribution of a controlled substance, as defined. If the person is
on probation or parole and is ineligible for aid due to violating a
condition of probation or parole or fleeing to avoid prosecution or
custody and confinement, he or she would be ineligible for CalWORKs
benefits until he or she is no longer in violation of probation or
parole or a fleeing felon.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh,
formerly the Food Stamp Program, under which supplemental nutrition
assistance benefits allocated to the state by the federal government
are distributed to eligible individuals by each county. Under
existing law, a person convicted of specified drug offenses,
including transporting, selling, furnishing, administering, giving
away, possessing for sale, purchasing for purpose of sale, or
manufacturing a controlled substance, is ineligible to receive
CalFresh benefits. Existing law authorizes the payment of CalFresh
benefits to other convicted drug felons who have participated in, or
are on the waiting list for, a drug treatment program, or who can
show other evidence that the illegal use of controlled substances has
ceased.
This bill would, beginning April 1, 2015, authorize CalFresh
benefits to be paid to an individual who is convicted as an adult in
state or federal court after December 31, 1997, of any offense
classified as a felony that has as an element the possession, use, or
distribution of a controlled substance, as defined. If the person is
on probation or parole and is ineligible for aid due to violating a
condition of probation or fleeing to avoid prosecution or custody and
confinement, he or she would be ineligible for CalFresh benefits
until he or she is no longer in violation of probation or parole or a
fleeing felon. By requiring local agencies to provide a higher level
of service, this bill would impose a state-mandated local program.
Until January 1, 2016, the bill would, notwithstanding certain
rulemaking provisions of the Administrative Procedure Act, authorize
the department to implement and administer the provisions described
above relating to CalWORKs and CalFresh by all-county letters or
similar instructions. The bill would require those all-county letters
or similar instructions to be developed in consultation with the
Chief Probation Officers of California, the County Welfare Directors
Association of California, and client advocates.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
By authorizing additional payments from a continuously
appropriated fund, the bill would make an appropriation.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2014.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
all of the following:
(1) The state has provided counties with the opportunity to
receive lease revenue bond financing to improve local correctional
facilities.
(2) However, for the construction of certain county in-custody
mental health treatment and rehabilitation facilities, where the
state portion of construction would be minor, state lease revenue
financing may not be an appropriate mechanism.
(3) As the largest local correctional and justice system in the
nation, it is important to explore improvements to the county's
efforts to improve mental health treatment and maximize the efforts
to improve criminal justice outcomes and reduce recidivism.
(b) The Department of Finance, in consultation with the County of
Los Angeles, shall identify options for ways the state may assist in
addressing the mental health and health infrastructure needs of the
County of Los Angeles jail system, and to report its findings to the
Joint Legislative Budget Committee on or before January 15, 2015.
SEC. 2. Section 12803 of the Government
Code is amended to read:
12803. (a) The California Health and Human Services Agency
consists of the following departments: Aging; Community Services and
Development; Developmental Services; Health Care Services; Managed
Health Care; Public Health; Rehabilitation; Social Services; and
State Hospitals.
(b) The agency also includes the Emergency Medical Services
Authority, the Managed Risk Medical Insurance Board, the Office of
Health Information Integrity, the Office of Patient Advocate, the
Office of Statewide Health Planning and Development, the Office of
Systems Integration, the Office of Law Enforcement Support,
and the State Council on Developmental Disabilities.
(c) The Department of Child Support Services is hereby created
within the agency commencing January 1, 2000, and shall be the single
organizational unit designated as the state's Title IV-D agency with
the responsibility for administering the state plan and providing
services relating to the establishment of paternity or the
establishment, modification, or enforcement of child support
obligations as required by Section 654 of Title 42 of the United
States Code. State plan functions shall be performed by other
agencies as required by law, by delegation of the department, or by
cooperative agreements.
SEC. 3. Section 15820.92 of the
Government Code is amended to read:
15820.92. For purposes of this chapter, "participating county"
means any county, or regional consortium of counties, within the
state that has been certified to the State Public Works Board (the
board) by the Board of State and Community Corrections (BSCC) as
having satisfied all of the requirements set forth in Section
15820.925 for financing an adult local criminal justice facility
pursuant to this chapter. For purposes of this chapter, an adult
local criminal justice facility may include any custodial housing,
reentry, program, mental health, or treatment space necessary to
manage the adult offender population consistent with the legislative
intent described in Sections 17.5 and 3450 of the Penal Code under
the jurisdiction of the sheriff or county department of corrections,
as may be applicable, to be further defined by the BSCC in duly
adopted regulations.
(a) The BSCC, BSCC or the California
Department of Corrections and Rehabilitation (CDCR), a
participating county, and the board are authorized to acquire,
design, and construct an adult local criminal justice facility
approved by the BSCC pursuant to Section 15820.925, or to acquire a
site or sites owned by, or subject to a lease or option to purchase
held by, a participating county. For the purposes of this chapter,
acquisition shall include, but is not limited to, acquisition of
completed facilities through a build-to-suit purchase. Facilities
financed pursuant to this chapter may be delivered through either a
design-bid-build or a design-build process. The ownership interest of
a participating county in the site or sites for an adult local
criminal justice facility shall be determined by the board to be
adequate for purposes of its financing in order to be eligible under
this chapter.
(b) Notwithstanding Section 14951, the participating county may
assign an inspector during the construction of the adult local
criminal justice facility.
(c) The BSCC, BSCC or the CDCR, a
participating county, and the board shall enter into an agreement for
each adult local criminal justice facility that shall provide, at a
minimum, performance expectations of the parties related to the
acquisition, design, and construction, including, without limitation,
renovation, of the adult local criminal justice facility; guidelines
and criteria for use and application of the proceeds of revenue
bonds, notes, or bond anticipation notes issued by the board to pay
for the cost of the approved adult local criminal justice facility;
and ongoing maintenance and staffing responsibilities for the term of
the financing.
(d) The agreement shall include a provision that the participating
county agrees to indemnify, defend, and hold harmless the State of
California for any and all claims and losses arising out of the
acquisition, design, and construction of the adult local criminal
justice facility. The agreement may also contain additional terms and
conditions that facilitate the financing by the board.
(e) The scope and cost of the adult local criminal justice
facilities shall be subject to approval and administrative oversight
by the board.
(f) For purposes of compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), neither the board nor the BSCC
board, nor the BSCC or the CDCR, shall be deemed
a lead or responsible agency and the participating county shall be
the lead agency.
SEC. 4. Section 15820.921 of the
Government Code is amended to read:
15820.921. Upon a participating county's receipt of responsive
construction bids or design-build proposals, or a participating
county's notification to the board of its intent to exercise a
purchase option, the board and the BSCC or the CDCR may
borrow funds for project costs after the adult local criminal justice
facility has been certified pursuant to Section 15820.92 from the
Pooled Money Investment Account pursuant to Sections 16312 and 16313,
or from any other appropriate source. In the event any of the
revenue bonds, notes, or bond anticipation notes authorized by this
chapter are not sold, the BSCC or the CDCR shall commit a
sufficient amount of its support appropriation to repay any loans
made for an approved adult local criminal justice facility.
SEC. 5. Section 15820.924 of the
Government Code is amended to read:
15820.924. With the consent of the board, the BSCC or the
CDCR and a participating county are authorized to enter into
leases or subleases, as lessor or lessee, for any property or
approved adult local criminal justice facility and are further
authorized to enter into contracts or other agreements for the use,
maintenance, and operation of the adult local criminal justice
facility in order to facilitate the financing authorized by this
chapter. In those leases, subleases, or other agreements, the
participating county shall agree to indemnify, defend and hold
harmless the State of California for any and all claims and losses
accruing and resulting from or arising out of the participating
county's use and occupancy of the adult local criminal justice
facility.
SEC. 6. Chapter 3.131 (commencing with Section
15820.93) is added to Part 10b of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 3.131. FINANCING OF LOCAL CRIMINAL JUSTICE FACILITIES
15820.93. (a) For purposes of this chapter, "participating county"
means a county, city and county, or regional consortium of counties,
within the state that has been certified to the State Public Works
Board (board) by the Board of State and Community Corrections (BSCC)
as having satisfied all of the requirements set forth in Section
15820.935 for financing an adult local criminal justice facility
pursuant to this chapter.
(b) (1) For purposes of this chapter, an adult local criminal
justice facility may include improved housing with an emphasis on
expanding program and treatment space as necessary to manage the
adult offender population consistent with the legislative intent
described in Sections 17.5 and 3450 of the Penal Code under the
jurisdiction of the sheriff or county department of corrections, as
may be applicable, to be further defined by the BSCC in duly adopted
regulations.
(2) For purposes of this chapter, an adult local criminal justice
facility may also include custodial housing, reentry, program, mental
health, or treatment space necessary to manage the adult offender
population, consistent with the legislative intent described in
Sections 17.5 and 3450 of the Penal Code, under the jurisdiction of
the sheriff or county department of corrections, as may be
applicable, to be further defined by the BSCC in duly adopted
regulations.
15820.930. (a) The BSCC or the Department of Corrections and
Rehabilitation (CDCR), a participating county, and the board are
authorized to acquire, design, and construct an adult local criminal
justice facility approved by the BSCC pursuant to Section 15820.935,
or to acquire a site or sites owned by, or subject to a lease or
option to purchase held by, a participating county. For the purposes
of this chapter, acquisition shall include, but is not limited to,
acquisition of completed facilities through a build-to-suit purchase.
Facilities financed pursuant to this chapter may be delivered
through either a design-bid-build or a design-build process. The
ownership interest of a participating county in the site or sites for
an adult local criminal justice facility shall be determined by the
board to be adequate for purposes of its financing in order to be
eligible under this chapter.
(b) Notwithstanding Section 14951, the participating county may
assign an inspector during the construction of the adult local
criminal justice facility.
(c) The BSCC or the CDCR, a participating county, and the board
shall enter into an agreement for each adult local criminal justice
facility that shall provide, at a minimum, performance expectations
of the parties related to the acquisition, design, and construction,
including, without limitation, renovation, of the adult local
criminal justice facility; guidelines and criteria for use and
application of the proceeds of revenue bonds, notes, or bond
anticipation notes issued by the board to pay for the cost of the
approved adult local criminal justice facility; and ongoing
maintenance and staffing responsibilities for the term of the
financing.
(d) The agreement shall include a provision that the participating
county agrees to indemnify, defend, and hold harmless the State of
California for any and all claims and losses arising out of the
acquisition, design, and construction of the adult local criminal
justice facility. The agreement may also contain additional terms and
conditions that facilitate the financing by the board.
(e) The scope and cost of the adult local criminal justice
facilities shall be subject to approval and administrative oversight
by the board.
(f) For purposes of compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), neither the board nor the BSCC or the CDCR
shall be deemed a lead or responsible agency and the participating
county shall be the lead agency.
15820.931. Upon a participating county's receipt of responsive
construction bids or design-build proposals, or a participating
county's notification to the board of its intent to exercise a
purchase option, and after the adult local criminal justice facility
has been certified pursuant to Section 15820.93, the board and the
BSCC or the CDCR may borrow funds for project costs from the Pooled
Money Investment Account pursuant to Sections 16312 and 16313, or
from any other appropriate source. In the event any of the revenue
bonds, notes, or bond anticipation notes authorized by this chapter
are not sold, the BSCC or the CDCR shall commit a sufficient amount
of its support appropriation to repay any loans made for an approved
adult local criminal justice facility.
15820.932. (a) The board may issue up to five hundred million
dollars ($500,000,000) in revenue bonds, notes, or bond anticipation
notes, pursuant to Chapter 5 (commencing with Section 15830) to
finance the acquisition, design, and construction, including, without
limitation, renovation, and a reasonable construction reserve, of
approved adult local criminal justice facilities described in Section
15820.930, and any additional amount authorized under Section
15849.6 to pay for the cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be used to reimburse a participating county for the costs
of acquisition, design, and construction, including, without
limitation, renovation, for approved adult local criminal justice
facilities.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.931 are continuously appropriated for
purposes of this chapter.
15820.933. In support of this state financing, the Legislature
finds and declares all of the following:
(a) California's current challenges in managing jail populations
follow decades of overcrowded and aging jails, and piecemeal,
erratic, and incomplete responses to dealing with these problems.
Reversing course will require sustainable solutions that must include
sound planning and implementation, and must be grounded in the
principle that jail resources must be well-planned and employed
efficiently and effectively to prevent overcrowding and promote
public safety through the broader use of evidence-based practices and
policies in the criminal justice system.
(b) California needs a long-term, statewide strategy to
effectively manage its jail population and jail resources. Without an
ongoing analytical framework for taking into account factors such as
population growth, criminogenic needs of the current and future jail
populations, crime rates, custodial housing needs, and additional
changes to realignment or sentencing laws and practices, California
will continue to resort to reactive, fragmentary fixes to its jail
condition and capacity problems instead of being fully prepared to
develop an effective and sustainable system of local custodial
facilities.
(c) The county adult criminal justice system needs improved
housing with an emphasis on expanding program and treatment space to
manage the adult offender population under its jurisdiction.
(d) Improved county adult criminal justice housing with an
emphasis on expanding program and treatment space will enhance public
safety throughout the state by providing increased access to
appropriate programs or treatment.
(e) By improving county adult criminal justice housing with an
emphasis on expanding program and treatment space, this financing
will serve a critical state purpose by promoting public safety.
(f) This purpose represents valuable consideration in exchange for
this state action.
15820.934. With the consent of the board, the BSCC or the CDCR
and a participating county are authorized to enter into leases or
subleases, as lessor or lessee, for any property or approved adult
local criminal justice facility and are further authorized to enter
into contracts or other agreements for the use, maintenance, and
operation of the adult local criminal justice facility in order to
facilitate the financing authorized by this chapter. In those leases,
subleases, or other agreements, the participating county shall agree
to indemnify, defend, and hold harmless the State of California for
any and all claims and losses accruing and resulting from or arising
out of the participating county's use and occupancy of the adult
local criminal justice facility.
15820.935. (a) The BSCC shall adhere to its duly adopted
regulations for the approval or disapproval of adult local criminal
justice facilities. The BSCC shall also consider cost-effectiveness
in determining approval or disapproval. No state moneys shall be
encumbered in contracts let by a participating county until one of
the following occur:
(1) Final architectural plans and specifications have been
approved by the BSCC, and subsequent construction bids have been
received.
(2) Documents prepared by a participating county pursuant to
paragraph (1) of subdivision (d) of Section 20133 of the Public
Contract Code have been approved by the BSCC, and subsequent
design-build proposals have been received pursuant to that section.
(3) The participating county has notified the board of its intent
to exercise an option to purchase the completed facility pursuant to
Section 15820.931.
(b) The review and approval of plans, specifications, or other
documents by the BSCC are for the purpose of ensuring the proper
administration of moneys and the determination of whether the adult
local criminal justice facility specifications comply with law and
regulation. The BSCC may require changes in construction materials to
enhance safety and security if materials proposed at the time of
final plans and specifications are not essential and customary as
used statewide for facilities of the same security level.
Participating counties are responsible for the acquisition, design,
construction, staffing, operation, repair, and maintenance of the
adult local criminal justice facility.
(c) The BSCC shall establish minimum standards, funding schedules,
and procedures, which shall take into consideration, but not be
limited to, the following:
(1) Certification by a participating county of control of the
adult local criminal justice facility site through either fee simple
ownership of the site or comparable long-term possession of the site,
and right of access to the adult local criminal justice facility
sufficient to ensure undisturbed use and possession.
(2) Documentation of the need for improved adult local criminal
justice facility housing with an emphasis on expanded program and
treatment space.
(3) A written adult local criminal justice facility proposal.
(4) Submission of a staffing plan for the adult local criminal
justice facility, including operational cost projections and
documentation that the adult local criminal justice facility will be
able to be safely staffed and operated within 90 days of completion,
as may be applicable.
(5) Submission of architectural drawings, which shall be approved
by the BSCC for compliance with minimum adult detention facility
standards and which shall also be approved by the State Fire Marshal
for compliance with fire safety and life safety requirements.
(6) Documentation evidencing compliance with the California
Environmental Quality Act (CEQA).
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the board.
15820.936. (a) The participating county contribution for adult
local criminal justice facilities financed under this chapter shall
be a minimum of 10 percent of the total project costs. The BSCC may
reduce contribution requirements for participating counties with a
general population below 200,000 upon petition by a participating
county to the BSCC requesting a lower level of contribution.
(b) The BSCC shall determine the funding and scoring criteria. The
BSCC may consider award history in Chapters 3.11 to 3.13, inclusive,
in its scoring of adult local criminal justice facilities
applications. The funding criteria shall include, as a mandatory
criterion, documentation of the percentage of pretrial inmates in the
county jail from January 1, 2013, to December 31, 2013, inclusive,
and a description of the county's current risk-assessment-based
pretrial release program. Funding preference shall also be given to
counties that are most prepared to proceed successfully with this
financing in a timely manner. The determination of preparedness to
proceed shall include the following:
(1) Counties providing a board of supervisors' resolution
authorizing an adequate amount of available matching funds to satisfy
the counties' contribution and approving the forms of the project
documents deemed necessary, as identified by the board to the BSCC,
to effectuate the financing authorized by this chapter, and
authorizing the appropriate signatory or signatories to execute those
documents at the appropriate times. The identified matching funds in
the resolution shall be compatible with the state's lease revenue
bond financing.
(2) Counties providing documentation evidencing CEQA compliance
has been completed. Documentation of CEQA compliance shall be either
a final Notice of Determination or a final Notice of Exemption, as
appropriate, and a letter from county counsel certifying the
associated statute of limitations has expired and either no
challenges were filed or identifying any challenges filed and
explaining how they have been resolved in a manner that allows the
project to proceed as proposed.
(c) Funding consideration shall be given to counties that are
seeking to replace compacted, outdated, or unsafe housing capacity or
are seeking to renovate existing or build new facilities that
provide adequate space for the provision of treatment and
rehabilitation services, including mental health treatment.
(d) A participating county may replace existing housing capacity,
realizing only a minimal increase of capacity, using this financing
authority if the requesting county clearly documents an existing
housing capacity deficiency.
SEC. 7. Section 30062 of the Government
Code is amended to read:
30062. (a) Except as required by paragraphs (1), (2), and (4) of
subdivision (b) of Section 30061, moneys allocated from a
Supplemental Law Enforcement Services Account (SLESA) to a recipient
entity shall be expended exclusively to provide front line law
enforcement services. These moneys shall supplement existing
services, and shall not be used to supplant any existing funding for
law enforcement services provided by that entity. not
be used by local agencies to supplant other funding for Public
Safety Services, as defined in Section 36 of Article XIII of the
California Constitution. Moneys allocated pursuant to paragraph
(4) of subdivision (b) of Section 30061 shall be used to
supplement and not supplant funding by local agencies for existing
services. not be used by local agencies to supplant
other funding for Public Safety Services, as defined in Section 36 of
Article XIII of the California Constitution.
(b) In the Counties of Los Angeles, Orange, and San Diego only,
the district attorney may, in consultation with city attorneys in the
county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city
attorneys in the county in each fiscal year to fund the prosecution
by those city attorneys of misdemeanor violations of state law.
(c) In no event shall any moneys allocated from the county's SLESA
be expended by a recipient agency to fund any of the following:
(1) Administrative overhead costs in excess of 0.5 percent of a
recipient entity's SLESA allocation for that year.
(2) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (3) of subdivision
(b) of Section 30061 that does not directly support front line law
enforcement services.
(3) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (4) of subdivision
(b) of Section 30061.
(d) For purposes of subdivision (c), both of the following shall
apply:
(1) A "recipient agency" or "recipient entity" is that entity that
actually incurs the expenditures of SLESA funds allocated pursuant
to paragraph (1), (2), (3), or (4) of subdivision (b) of Section
30061.
(2) Administrative overhead costs shall only
be charged by the recipient entity, as defined in paragraph (1), up
to 0.5 percent of its SLESA allocation.
(e) For purposes of this chapter, "front line law enforcement
services" and "front line municipal police services" each include
antigang, community crime prevention, and juvenile justice programs.
SEC. 8. Section 30070 of the Government
Code is amended to read:
30070. (a) For the 2011-12 fiscal year, the program authorized by
this chapter shall be funded from the Local Law Enforcement Services
Account in the Local Revenue Fund 2011. The Controller shall, on a
quarterly basis, beginning on October 1, 2011, allocate 4.07 percent
of the moneys annually deposited in the Local Law Enforcement
Services Account. Commencing with the 2012-13 fiscal year, the
program authorized by this chapter shall be funded from the Enhancing
Law Enforcement Activities Subaccount in the Local Revenue Fund
2011. Subsequent to the allocation described in subdivision (c) of
Section 29552, the Controller shall allocate 4.06682787 percent of
the remaining moneys annually deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011.
Commencing with the 2013-14 fiscal year, subsequent to the allocation
described in subdivision (d) of Section 29552, the Controller shall
allocate 4.06682787 percent of the remaining moneys annually
deposited in the Enhancing Law Enforcement Activities Subaccount in
the Local Revenue Fund 2011. Funds shall be allocated in monthly
installments to county sheriffs' departments to enhance law
enforcement efforts in the counties specified in paragraphs (1) to
(37), inclusive, according to the following schedule:
(1) Alpine County ................. 2.7027%
(2) Amador County ................. 2.7027%
(3) Butte County .................. 2.7027%
(4) Calaveras County .............. 2.7027%
(5) Colusa County ................. 2.7027%
(6) Del Norte County .............. 2.7027%
(7) El Dorado County .............. 2.7027%
(8) Glenn County .................. 2.7027%
(9) Humboldt County ............... 2.7027%
(10) Imperial County .............. 2.7027%
(11) Inyo County .................. 2.7027%
(12) Kings County ........... 2.7027%
(13) Lake County .................. 2.7027%
(14) Lassen County ................ 2.7027%
(15) Madera County ................ 2.7027%
(16) Marin County ................. 2.7027%
(17) Mariposa County .............. 2.7027%
(18) Mendocino County ............. 2.7027%
(19) Merced County ................ 2.7027%
(20) Modoc County ................. 2.7027%
(21) Mono County .................. 2.7027%
(22) Napa County .................. 2.7027%
(23) Nevada County ................ 2.7027%
(24) Placer County ................ 2.7027%
(25) Plumas County ................ 2.7027%
(26) San Benito County ............ 2.7027%
(27) San Luis Obispo County ....... 2.7027%
(28) Santa Cruz County ............ 2.7027%
(29) Shasta County ................ 2.7027%
(30) Sierra County ................ 2.7027%
(31) Siskiyou County .............. 2.7027%
(32) Sutter County ................ 2.7027%
(33) Tehama County ................ 2.7027%
(34) Trinity County ............... 2.7027%
(35) Tuolumne County .............. 2.7027%
(36) Yolo County .................. 2.7027%
(37) Yuba County .................. 2.7027%
(b) Funds allocated pursuant to this section shall be
used to supplement rather than supplant existing law enforcement
resources. not be used by local agencies to supplant
other funding for Public Safety Services, as defined in Section 36 of
Article XIII of the California Constitution.
(c) The funds allocated pursuant to this section may not be used
for any video surveillance or monitoring of the general public.
SEC. 9. Section 69927 is added to the
Government Code , to read:
69927. It is the intent of the Legislature to establish a process
and funding mechanism for sheriffs that overall incur increased
trial court security costs as a result of court construction projects
that had an occupancy date on or after October 9, 2011.
(a) Funding for increased trial court security costs pursuant to
this section shall be funded by the General Fund, subject to an
annual appropriation by the Legislature.
(b) Counties that demonstrate increased trial court security costs
incurred by the sheriff as a result of court construction projects
that had an occupancy date on or after October 9, 2011, may request
funding pursuant to this section.
(1) Requests shall be submitted to the Department of Finance, and
shall include, but not be limited to, information described in
subdivision (d).
(c) Counties shall assess and identify key, quantifiable
differences between the previous court facility or facilities and the
new or replacement facility that impose a measurable and higher
level of court security costs incurred by the sheriff.
(d) In evaluating requests, the Department of Finance shall
consider on a case-by-case basis relevant factors, including, but not
limited to:
(1) Changes in court security due to the consolidation of court
facilities.
(2) Changes in overall court security costs due to the
consolidation of court facilities.
(3) The square footage of the facility that is accessible to the
public.
(4) Other design considerations, such as multiple floors or the
distance between entry points and courtrooms.
(5) The number of courtrooms compared to previous courtrooms.
(6) The case types and time spent on various case types being
heard in the new facility as compared to the previous facility or
facilities.
(7) The addition of holding cells and the escorting of inmates
within the court facility.
(8) The number of public entrances and security screening
stations.
(9) The presence of a security monitor or control panel.
(10) The presence, location, and expected utilization of jury
assembly rooms and juries.
(11) Historical court security staffing and the use of deputies or
court attendants.
(12) Personnel costs for sheriff deputies and court attendant
staff within the county.
(13) The population of the county.
(e) In evaluating the number of courtrooms under paragraph (5) of
subdivision (d), the addition of courtrooms for new judgeships that
have not been both authorized and funded may be excluded.
(f) The Director of Finance, in his or her discretion, may limit
the amount of funding provided within the annual appropriation.
(g) Funds authorized pursuant to this section shall be used
exclusively to fund trial court security provided by county sheriffs.
No general county administrative costs may be paid with the funds
provided, including, but not limited to, the costs of administering
the funds received pursuant to this section.
(h) Requests received by the Department of Finance shall be
evaluated as expeditiously as possible.
(i) Requests approved by the Department of Finance shall be
considered ongoing, subject to an annual appropriation by the
Legislature. The appropriation shall be adjusted annually by a rate
commensurate with the growth in the Trial Court Security Growth
Subaccount in the prior fiscal year.
SEC. 10. Section 1251.4 is added to the
Health and Safety Code , to read:
1251.4. (a) Notwithstanding any other law, upon application of
the Department of Corrections and Rehabilitation, the department
shall change the license category of a general acute care hospital
licensed to the Department of Corrections and Rehabilitation to a
correctional treatment center license. No licensing inspection is
required for this change of license category.
(b) Notwithstanding any other law, upon application of the
Department of Corrections and Rehabilitation, the department shall
change the license category of a general acute care hospital or any
other licensed health facility located on the grounds of a prison to
a correctional treatment center license regardless of the location of
the buildings included in those licenses. No licensing inspection is
required for this change of license category.
SEC. 11. Section 17.7 is added to the
Penal Code , to read:
17.7. The Legislature finds and declares the following:
(a) Strategies supporting reentering offenders through practices
and programs, such as standardized risk and needs assessments,
transitional community housing, treatment, medical and mental health
services, and employment, have been demonstrated to significantly
reduce recidivism among offenders in other states.
(b) Improving outcomes among offenders reentering the community
after serving time in a correctional facility will promote public
safety and will reduce California's prison and jail populations.
(c) Establishing a California reentry program that encompasses
strategies known to reduce recidivism warrants a vigorous short-term
startup in the 2014-15 fiscal year using readily available resources
in the community, and a comprehensive long-term development plan for
future budget years designed to expand the availability, impact, and
sustainability of these strategies as further community partnerships
are identified and developed.
SEC. 12. Section 667.2 is added to the
Penal Code , to read:
667.2. (a) The Legislature finds and declares that assisting
offenders released pursuant to Proposition 36, adopted at the
November 6, 2012, statewide general election, with their transition
back into communities will increase the offenders' likelihood of
successful reintegration.
(b) Subject to the availability of funding for and space in the
programs and services, the Department of Corrections and
Rehabilitation may provide programs and services, including, but not
limited to, transitional housing, mental health, and substance abuse
treatment to an offender who is released from the department's
custody and satisfies both of the following conditions:
(1) The offender is released pursuant to any of the following
provisions, as they were amended or added by Sections 2 to 6,
inclusive, of Proposition 36, as adopted at the November 6, 2012,
statewide general election:
(A) Section 667.
(B) Section 667.1.
(C) Section 1170.12.
(D) Section 1170.125.
(E) Section 1170.126.
(2) The offender is not subject to either of the following:
(A) Parole pursuant to Article 3 (commencing with Section 3040) of
Chapter 8 of Title 1 of Part 3.
(B) Postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450) of Part 3.
(c) (1) The Department of Corrections and Rehabilitation, in
consultation with the Administrative Office of the Courts, shall
establish a referral process for offenders described in subdivision
(b) to participate in programs and receive services that the
department has existing contracts to provide.
(2) The Administrative Office of the Courts shall inform courts of
the availability of the programs and services described in this
section.
SEC. 13. Section 830.3 of the Penal
Code , as added by Section 38 of Chapter 515 of the
Statutes of 2013, is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
those terms and conditions as specified by their employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Board of
Dental Examiners, who are designated by the Director of Consumer
Affairs, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
160 of the Business and Professions Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this
code. 1.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care
Services, Public Health, and Social Services,
Mental Health, and Alcohol and Drug Programs, the
Department of Toxic Substances Control, the Office of Statewide
Health Planning and Development, and the Public Employees' Retirement
System, provided that the primary duty of these peace officers shall
be the enforcement of the law relating to the duties of his or her
department or office. Notwithstanding any other provision of
law, investigators of the Public Employees' Retirement
System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided that
the primary duty of these investigators shall be the enforcement of
the provisions of law administered by the Department of Business
Oversight. Notwithstanding any other provision of
law, the peace officers designated pursuant to this subdivision shall
not carry firearms.
(m) Persons employed by the Contractors
Contractors' State License Board designated by the Director of
Consumer Affairs pursuant to Section 7011.5 of the Business and
Professions Code, provided that the primary duty of these persons
shall be the enforcement of the law as that duty is set forth in
Section 7011.5, and in Chapter 9 (commencing with Section 7000) of
Division 3, of that code. The Director of Consumer Affairs may
designate as peace officers not more than 12 persons who shall at the
time of their designation be assigned to the special investigations
unit of the board. Notwithstanding any other provision of
law, the persons designated pursuant to this subdivision
shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Branch of
the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the
peace officers designated pursuant to this subdivision shall not
carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the
peace officers designated pursuant to this subdivision shall not
carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) (1) Notwithstanding any other provision
of this section, a peace officer authorized by this section shall not
be authorized to carry firearms by his or her employing agency until
that agency has adopted a policy on the use of deadly force by those
peace officers, and until those peace officers have been instructed
in the employing agency's policy on the use of deadly force.
Every
(2) Every peace officer
authorized pursuant to this section to carry firearms by his or her
employing agency shall qualify in the use of the firearms at least
every six months.
(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated
pursuant to this subdivision shall not carry firearms.
(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, the Office of Protective
Services of the State Department of State Hospitals, and the Office
of Law Enforcement Support of the California Health and Human
Services Agency, provided that the primary duty of each of
those persons shall be the enforcement of the law relating to the
duties of his or her department or office.
(w) This section shall become operative July 1, 2014.
SEC. 14. Section 830.38 of the Penal
Code is amended to read:
830.38. (a) The officers of a state
hospital under the jurisdiction of the State Department of State
Hospitals or the State Department of Developmental Services appointed
pursuant to Section 4313 or 4493 of the Welfare and Institutions
Code, are peace officers whose authority extends to any place in the
state for the purpose of performing their primary duty or when making
an arrest pursuant to Section 836 as to any public offense with
respect to which there is immediate danger to person or property, or
of the escape of the perpetrator of that offense, or pursuant to
Section 8597 or 8598 of the Government Code provided that the primary
duty of the peace officers shall be the enforcement of the law as
set forth in Sections 4311, 4313, 4491, and 4493 of the Welfare and
Institutions Code. Those peace officers may carry firearms only if
authorized and under terms and conditions specified by their
employing agency.
(b) By July 1, 2015, the California Health and Human Services
Agency shall develop training protocols and policies and procedures
for peace officers specified in subdivision (a). When appropriate,
training protocols and policies and procedures shall be uniformly
implemented in both state hospitals and developmental centers.
Additional training protocols and policies and procedures shall be
developed to address the unique characteristics of the residents in
each type of facility.
(c) In consultation with system stakeholders, the agency shall
develop recommendations to further improve the quality and stability
of law enforcement and investigative functions at both developmental
centers and state hospitals in a meaningful and sustainable manner.
These recommendations shall be submitted to the budget committees and
relevant policy committees of both houses of the Legislature no
later than January 10, 2015.
SEC. 15. Section 1026 of the Penal Code
is amended to read:
1026. (a) When a defendant pleads not guilty by reason of
insanity, and also joins with it another plea or pleas, the defendant
shall first be tried as if only such other plea or pleas had been
entered, and in that trial the defendant shall be conclusively
presumed to have been sane at the time the offense is alleged to have
been committed. If the jury shall find the defendant guilty, or if
the defendant pleads only not guilty by reason of insanity, then the
question whether the defendant was sane or insane at the time the
offense was committed shall be promptly tried, either before the same
jury or before a new jury in the discretion of the court. In that
trial, the jury shall return a verdict either that the defendant was
sane at the time the offense was committed or was insane at the time
the offense was committed. If the verdict or finding is that the
defendant was sane at the time the offense was committed, the court
shall sentence the defendant as provided by law. If the verdict or
finding be that the defendant was insane at the time the offense was
committed, the court, unless it shall appear to the court that the
sanity of the defendant has been recovered fully, shall direct that
the defendant be confined in a state hospital
committed to the State Department of State Hospitals for the
care and treatment of the mentally disordered or any other
appropriate public or private treatment facility approved by the
community program director, or the court may order the defendant
placed on outpatient status pursuant to Title 15 (commencing with
Section 1600) of Part 2.
(b) Prior to making the order directing that the defendant be
confined in a state hospital committed to the
State Department of State Hospitals or other treatment
facility or placed on outpatient status, the court shall order the
community program director or a designee to evaluate the defendant
and to submit to the court within 15 judicial days of the order a
written recommendation as to whether the defendant should be placed
on outpatient status or confined in a state hospital
committed to the State Department of State Hospitals
or other treatment facility. No person shall be admitted to a
state hospital or other treatment facility or placed on outpatient
status under this section without having been evaluated by the
community program director or a designee. If, however, it appears to
the court that the sanity of the defendant has been recovered fully,
the defendant shall be remanded to the custody of the sheriff until
the issue of sanity shall have been finally determined in the manner
prescribed by law. A defendant committed to a state hospital or other
treatment facility or placed on outpatient status pursuant to Title
15 (commencing with Section 1600) of Part 2 shall not be released
from confinement, parole, or outpatient status unless and until the
court which committed the person shall, after notice and hearing,
find and determine that the person's sanity has been restored.
Nothing in this section shall prevent the transfer of the patient
from one state hospital to any other state hospital by proper
authority. Nothing in this section shall prevent the transfer of the
patient to a hospital in another state in the manner
provided in Section 4119 of the Welfare
and Institutions Code.
(c) If the defendant is committed or transferred to a
state hospital the State Department of State Hospitals
pursuant to this section, the court may, upon receiving the
written recommendation of the medical director of the state hospital
and the community program director that the defendant be transferred
to a public or private treatment facility approved by the community
program director, order the defendant transferred to that facility.
If the defendant is committed or transferred to a public or private
treatment facility approved by the community program director, the
court may, upon receiving the written recommendation of the community
program director, order the defendant transferred to a
state hospital the State Department of State Hospitals
or to another public or private treatment facility approved by
the community program director. Where either the defendant or the
prosecuting attorney chooses to contest either kind of order of
transfer, a petition may be filed in the court requesting a hearing
which shall be held if the court determines that sufficient grounds
exist. At that hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same procedures and standards of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2.
(d) Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(e) When the court, after considering the placement recommendation
of the community program director required in subdivision (b),
orders that the defendant be confined in a state hospital
committed to the State Department of State Hospitals
or other public or private treatment facility, the court shall
provide copies of the following documents which shall be
taken with prior to the admission of the
defendant to the state hospital State
Department of State Hospitals or other treatment facility where
the defendant is to be confined: committed:
(1) The commitment order, including a specification of the
charges.
(2) A computation or statement setting forth the maximum term of
commitment in accordance with Section 1026.5.
(3) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(4) State summary criminal history information.
(5) Any arrest reports prepared by the police department or other
law enforcement agency.
(6) Any court-ordered psychiatric examination or evaluation
reports.
(7) The community program director's placement recommendation
report.
(8) Any medical records.
(f) If the defendant is confined in a state hospital or other
treatment facility as an inpatient, the medical director of the
facility shall, at six-month intervals, submit a report in writing to
the court and the community program director of the county of
commitment, or a designee, setting forth the status and progress of
the defendant. The court shall transmit copies of these reports to
the prosecutor and defense counsel.
(g) When directing that the defendant be confined in a state
hospital pursuant to subdivision (a), the court shall select the
state hospital in accordance with the policies established by the
State Department of State Hospitals.
(h)
(g) For purposes of this section and Sections 1026.1 to
1026.6, inclusive, "community program director" means the person,
agency, or entity designated by the State Department of State
Hospitals pursuant to Section 1605 of this code and Section
5709.8 4360 of the Welfare and Institutions
Code.
SEC. 16. Section 1170 of the Penal Code
, as amended by Section 5 of Chapter 508 of
the Statutes of 2013, is amended to read:
1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life, except as provided in paragraph (2) of subdivision
(d). In any case in which the amount of preimprisonment credit under
Section 2900.5 or any other provision of law is equal to or exceeds
any sentence imposed pursuant to this chapter, the entire sentence
shall be deemed to have been served and the defendant shall not be
actually delivered to the custody of the secretary. The court shall
advise the defendant that he or she shall serve a period of parole
and order the defendant to report to the parole office closest to the
defendant's last legal residence, unless the in-custody credits
equal the total sentence, including both confinement time and the
period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the choice of the appropriate
term shall rest within the sound discretion of the court. At least
four days prior to the time set for imposition of judgment, either
party or the victim, or the family of the victim if the victim is
deceased, may submit a statement in aggravation or mitigation. In
determining the appropriate term, the court may consider the record
in the case, the probation officer's report, other reports, including
reports received pursuant to Section 1203.03, and statements in
aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall select the term which, in the court's
discretion, best serves the interests of justice. The court shall set
forth on the record the reasons for imposing the term selected and
the court may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision of
law. A term of imprisonment shall not be specified if imposition of
sentence is suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
(d) (1) When a defendant subject to this section or subdivision
(b) of Section 1168 has been sentenced to be imprisoned in the state
prison and has been committed to the custody of the secretary, the
court may, within 120 days of the date of commitment on its own
motion, or at any time upon the recommendation of the secretary or
the Board of Parole Hearings, recall the sentence and commitment
previously ordered and resentence the defendant in the same manner as
if he or she had not previously been sentenced, provided the new
sentence, if any, is no greater than the initial sentence. The court
resentencing under this subdivision shall apply the sentencing rules
of the Judicial Council so as to eliminate disparity of sentences and
to promote uniformity of sentencing. Credit shall be given for time
served.
(2) (A) (i) When a defendant who was under 18 years of age at the
time of the commission of the offense for which the defendant was
sentenced to imprisonment for life without the possibility of parole
has served at least 15 years of that sentence, the defendant may
submit to the sentencing court a petition for recall and
resentencing.
(ii) Notwithstanding clause (i), this paragraph shall not apply to
defendants sentenced to life without parole for an offense where the
defendant tortured, as described in Section 206, his or her victim
or the victim was a public safety official, including any law
enforcement personnel mentioned in Chapter 4.5 (commencing with
Section 830) of Title 3, or any firefighter as described in Section
245.1, as well as any other officer in any segment of law enforcement
who is employed by the federal government, the state, or any of its
political subdivisions.
(B) The defendant shall file the original petition with the
sentencing court. A copy of the petition shall be served on the
agency that prosecuted the case. The petition shall include the
defendant's statement that he or she was under 18 years of age at the
time of the crime and was sentenced to life in prison without the
possibility of parole, the defendant's statement describing his or
her remorse and work towards rehabilitation, and the defendant's
statement that one of the following is true:
(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.
(ii) The defendant does not have juvenile felony adjudications for
assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.
(iii) The defendant committed the offense with at least one adult
codefendant.
(iv) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but
not limited to, availing himself or herself of rehabilitative,
educational, or vocational programs, if those programs have been
available at his or her classification level and facility, using
self-study for self-improvement, or showing evidence of remorse.
(C) If any of the information required in subparagraph (B) is
missing from the petition, or if proof of service on the prosecuting
agency is not provided, the court shall return the petition to the
defendant and advise the defendant that the matter cannot be
considered without the missing information.
(D) A reply to the petition, if any, shall be filed with the court
within 60 days of the date on which the prosecuting agency was
served with the petition, unless a continuance is granted for good
cause.
(E) If the court finds by a preponderance of the evidence that the
statements in the petition are true, the court shall hold a hearing
to consider whether to recall the sentence and commitment previously
ordered and to resentence the defendant in the same manner as if the
defendant had not previously been sentenced, provided that the new
sentence, if any, is not greater than the initial sentence. Victims,
or victim family members if the victim is deceased, shall retain the
rights to participate in the hearing.
(F) The factors that the court may consider when determining
whether to recall and resentence include, but are not limited to, the
following:
(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.
(ii) The defendant does not have juvenile felony adjudications for
assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.
(iii) The defendant committed the offense with at least one adult
codefendant.
(iv) Prior to the offense for which the sentence is being
considered for recall, the defendant had insufficient adult support
or supervision and had suffered from psychological or physical
trauma, or significant stress.
(v) The defendant suffers from cognitive limitations due to mental
illness, developmental disabilities, or other factors that did not
constitute a defense, but influenced the defendant's involvement in
the offense.
(vi) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but
not limited to, availing himself or herself of rehabilitative,
educational, or vocational programs, if those programs have been
available at his or her classification level and facility, using
self-study for self-improvement, or showing evidence of remorse.
(vii) The defendant has maintained family ties or connections with
others through letter writing, calls, or visits, or has eliminated
contact with individuals outside of prison who are currently involved
with crime.
(viii) The defendant has had no disciplinary actions for violent
activities in the last five years in which the defendant was
determined to be the aggressor.
(G) The court shall have the discretion to recall the sentence and
commitment previously ordered and to resentence the defendant in the
same manner as if the defendant had not previously been sentenced,
provided that the new sentence, if any, is not greater than the
initial sentence. The discretion of the court shall be exercised in
consideration of the criteria in subparagraph (B). Victims, or victim
family members if the victim is deceased, shall be notified of the
resentencing hearing and shall retain their rights to participate in
the hearing.
(H) If the sentence is not recalled, the defendant may submit
another petition for recall and resentencing to the sentencing court
when the defendant has been committed to the custody of the
department for at least 20 years. If recall and resentencing is not
granted under that petition, the defendant may file another petition
after having served 24 years. The final petition may be submitted,
and the response to that petition shall be determined, during the
25th year of the defendant's sentence.
(I) In addition to the criteria in subparagraph (F), the court may
consider any other criteria that the court deems relevant to its
decision, so long as the court identifies them on the record,
provides a statement of reasons for adopting them, and states why the
defendant does or does not satisfy the criteria.
(J) This subdivision shall have retroactive application.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.
The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that a
defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required to
register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
(3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, or (D) is convicted of a
crime and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, an executed sentence for a felony punishable
pursuant to this subdivision shall be served in state prison.
(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
(5) The (A) Unless
the court finds that, in the interests of justice, it is not
appropriate in a particular case, the court, when imposing a
sentence pursuant to paragraph (1) or (2) of this subdivision,
may commit the defendant to county jail as follows:
shall suspend execution of a concluding portion of the
term for a period selected at the court's discretion.
(A) For a full term in custody as determined in accordance with
the applicable sentencing law.
(B) (i) For a term as determined in accordance with the applicable
sentencing law, but suspend execution of a concluding portion of the
term selected in the court's discretion, during which time
(B) The portion of a defendant's
sentenced term that is suspended pursuant to this
paragraph shall be known as mandatory supervision, and shall begin
upon release from custody. During the period of mandatory
supervision, the defendant shall be supervised by the county
probation officer in accordance with the terms, conditions, and
procedures generally applicable to persons placed on probation, for
the remaining unserved portion of the sentence imposed by the court.
The period of supervision shall be mandatory, and may not be earlier
terminated except by court order. Any proceeding to revoke or modify
mandatory supervision under this subparagraph shall be conducted
pursuant to either subdivisions (a) and (b) of Section 1203.2 or
Section 1203.3. During the period when the defendant is under such
supervision, unless in actual custody related to the sentence imposed
by the court, the defendant shall be entitled to only actual time
credit against the term of imprisonment imposed by the court. Any
time period which is suspended because a person has absconded shall
not be credited toward the period of supervision.
(ii) The portion of a defendant's sentenced term pursuant to this
subparagraph shall be known as mandatory supervision.
(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced on
or after October 1, 2011 2011, until
December 31, 2014 .
(7) The sentencing changes made by the act that added this
paragraph shall be applied prospectively to any person sentenced on
or after January 1, 2015.
(i) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date.
SEC. 17. Section 1170 of the Penal Code
, as amended by Section 6 of Chapter 508 of
the Statutes of 2013, is amended to read:
1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that
the elimination of disparity and the provision of uniformity of
sentences can best be achieved by determinate sentences fixed by
statute in proportion to the seriousness of the offense as determined
by the Legislature to be imposed by the court with specified
discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life, except as provided in paragraph (2) of subdivision
(d). In any case in which the amount of preimprisonment credit under
Section 2900.5 or any other provision of law is equal to or exceeds
any sentence imposed pursuant to this chapter, the entire sentence
shall be deemed to have been served and the defendant shall not be
actually delivered to the custody of the secretary. The court shall
advise the defendant that he or she shall serve a period of parole
and order the defendant to report to the parole office closest to the
defendant's last legal residence, unless the in-custody credits
equal the total sentence, including both confinement time and the
period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports,
including reports received pursuant to Section 1203.03, and
statements in aggravation or mitigation submitted by the prosecution,
the defendant, or the victim, or the family of the victim if the
victim is deceased, and any further evidence introduced at the
sentencing hearing. The court shall set forth on the record the facts
and reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
(d) (1) When a defendant subject to this section or subdivision
(b) of Section 1168 has been sentenced to be imprisoned in the state
prison and has been committed to the custody of the secretary, the
court may, within 120 days of the date of commitment on its own
motion, or at any time upon the recommendation of the secretary or
the Board of Parole Hearings, recall the sentence and commitment
previously ordered and resentence the defendant in the same manner as
if he or she had not previously been sentenced, provided the new
sentence, if any, is no greater than the initial sentence. The court
resentencing under this subdivision shall apply the sentencing rules
of the Judicial Council so as to eliminate disparity of sentences and
to promote uniformity of sentencing. Credit shall be given for time
served.
(2) (A) (i) When a defendant who was under 18 years of age at the
time of the commission of the offense for which the defendant was
sentenced to imprisonment for life without the possibility of parole
has served at least 15 years of that sentence, the defendant may
submit to the sentencing court a petition for recall and
resentencing.
(ii) Notwithstanding clause (i), this paragraph shall not apply to
defendants sentenced to life without parole for an offense where the
defendant tortured, as described in Section 206, his or her victim
or the victim was a public safety official, including any law
enforcement personnel mentioned in Chapter 4.5 (commencing with
Section 830) of Title 3, or any firefighter as described in Section
245.1, as well as any other officer in any segment of law enforcement
who is employed by the federal government, the state, or any of its
political subdivisions.
(B) The defendant shall file the original petition with the
sentencing court. A copy of the petition shall be served on the
agency that prosecuted the case. The petition shall include the
defendant's statement that he or she was under 18 years of age at the
time of the crime and was sentenced to life in prison without the
possibility of parole, the defendant's statement describing his or
her remorse and work towards rehabilitation, and the defendant's
statement that one of the following is true:
(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.
(ii) The defendant does not have juvenile felony adjudications for
assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.
(iii) The defendant committed the offense with at least one adult
codefendant.
(iv) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but
not limited to, availing himself or herself of rehabilitative,
educational, or vocational programs, if those programs have been
available at his or her classification level and facility, using
self-study for self-improvement, or showing evidence of remorse.
(C) If any of the information required in subparagraph (B) is
missing from the petition, or if proof of service on the prosecuting
agency is not provided, the court shall return the petition to the
defendant and advise the defendant that the matter cannot be
considered without the missing information.
(D) A reply to the petition, if any, shall be filed with the court
within 60 days of the date on which the prosecuting agency was
served with the petition, unless a continuance is granted for good
cause.
(E) If the court finds by a preponderance of the evidence that the
statements in the petition are true, the court shall hold a hearing
to consider whether to recall the sentence and commitment previously
ordered and to resentence the defendant in the same manner as if the
defendant had not previously been sentenced, provided that the new
sentence, if any, is not greater than the initial sentence. Victims,
or victim family members if the victim is deceased, shall retain the
rights to participate in the hearing.
(F) The factors that the court may consider when determining
whether to recall and resentence include, but are not limited to, the
following:
(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.
(ii) The defendant does not have juvenile felony adjudications for
assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.
(iii) The defendant committed the offense with at least one adult
codefendant.
(iv) Prior to the offense for which the sentence is being
considered for recall, the defendant had insufficient adult support
or supervision and had suffered from psychological or physical
trauma, or significant stress.
(v) The defendant suffers from cognitive limitations due to mental
illness, developmental disabilities, or other factors that did not
constitute a defense, but influenced the defendant's involvement in
the offense.
(vi) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but
not limited to, availing himself or herself of rehabilitative,
educational, or vocational programs, if those programs have been
available at his or her classification level and facility, using
self-study for self-improvement, or showing evidence of remorse.
(vii) The defendant has maintained family ties or connections with
others through letter writing, calls, or visits, or has eliminated
contact with individuals outside of prison who are currently involved
with crime.
(viii) The defendant has had no disciplinary actions for violent
activities in the last five years in which the defendant was
determined to be the aggressor.
(G) The court shall have the discretion to recall the sentence and
commitment previously ordered and to resentence the defendant in the
same manner as if the defendant had not previously been sentenced,
provided that the new sentence, if any, is not greater than the
initial sentence. The discretion of the court shall be exercised in
consideration of the criteria in subparagraph (B). Victims, or victim
family members if the victim is deceased, shall be notified of the
resentencing hearing and shall retain their rights to participate in
the hearing.
(H) If the sentence is not recalled, the defendant may submit
another petition for recall and resentencing to the sentencing court
when the defendant has been committed to the custody of the
department for at least 20 years. If recall and resentencing is not
granted under that petition, the defendant may file another petition
after having served 24 years. The final petition may be submitted,
and the response to that petition shall be determined, during the
25th year of the defendant's sentence.
(I) In addition to the criteria in subparagraph (F), the court may
consider any other criteria that the court deems relevant to its
decision, so long as the court identifies them on the record,
provides a statement of reasons for adopting them, and states why the
defendant does or does not satisfy the criteria.
(J) This subdivision shall have retroactive application.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.
The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that a
defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required to
register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
(3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, or (D) is convicted of a
crime and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, an executed sentence for a felony punishable
pursuant to this subdivision shall be served in state prison.
(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
(5) The (A) Unless
the court finds, in the interest of justice, that it is not
appropriate in a particular case, the court, when
imposing a sentence pursuant to paragraph (1) or (2) of this
subdivision, may commit the defendant to county jail as
follows: shall suspend execution of a concluding
portion of the term for a period selected at the court's discretion.
(A) For a full term in custody as determined in accordance with
the applicable sentencing law.
(B) (i) For a term as determined in accordance with the applicable
sentencing law, but suspend execution of a concluding portion of the
term selected in the court's discretion, during which time
(B) The portion of a defendant's
sentenced term that is suspended pursuant to this paragraph shall be
known as mandatory supervision, and shall begin upon release from
custody. During the period of mandatory supervision, the
defendant shall be supervised by the county probation officer in
accordance with the terms, conditions, and procedures generally
applicable to persons placed on probation, for the remaining unserved
portion of the sentence imposed by the court. The period of
supervision shall be mandatory, and may not be earlier terminated
except by court order. Any proceeding to revoke or modify mandatory
supervision under this subparagraph shall be conducted pursuant to
either subdivisions (a) and (b) of Section 1203.2 or Section 1203.3.
During the period when the defendant is under such supervision,
unless in actual custody related to the sentence imposed by the
court, the defendant shall be entitled to only actual time credit
against the term of imprisonment imposed by the court. Any time
period which is suspended because a person has absconded shall not be
credited toward the period of supervision.
(ii) The portion of a defendant's sentenced term during which time
he or she is supervised by the county probation officer pursuant to
this subparagraph shall be known as mandatory supervision, and shall
begin upon release from custody.
(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced on
or after October 1, 2011 2011, until
December 31, 2014 .
(7) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced on
or after January 1, 2015.
(i) This section shall become operative on January 1, 2017.
SEC. 18. Section 1170.06 is added to the
Penal Code , to read:
1170.06. (a) Notwithstanding any other law, a sheriff or a county
director of corrections is authorized to offer a program under which
inmates as specified in subdivision (c), who are not precluded by
subdivision (d), and who have been committed to a county jail may be
allowed to participate in a voluntary alternative custody program as
defined in subdivision (b) in lieu of their confinement in a county
jail. Under this program, one day of participation is in lieu of one
day of incarceration in a county jail. Participants in the program
shall receive any sentence reduction credits that they would have
received had they served their sentence in a county jail, and are
subject to denial and loss of credit pursuant to subdivision (d) of
Section 4019. The sheriff or the county director of corrections may
enter into contracts with county agencies, not-for-profit
organizations, for-profit organizations, and others in order to
promote alternative custody placements.
(b) As used in this section, an alternative custody program shall
include, but is not limited to, the following:
(1) Confinement to a residential home during the hours designated
by the sheriff or the county director of corrections.
(2) Confinement to a residential drug or treatment program during
the hours designated by the county sheriff or the county director of
corrections.
(3) Confinement to a transitional care facility that offers
appropriate services.
(4) Confinement to a mental health clinic or hospital that offers
appropriate mental health services.
(c) Except as provided by subdivision (d), inmates sentenced to a
county jail for a determinate term of imprisonment pursuant to a
misdemeanor or a felony pursuant to subdivision (h) of Section 1170,
and only those persons, are eligible to participate in the
alternative custody program authorized by this section.
(d) An inmate committed to a county jail who meets any of the
following criteria is not eligible to participate in the alternative
custody program:
(1) The person was screened by the sheriff or the county director
of corrections using a validated risk assessment tool and determined
to pose a high risk to commit a violent offense.
(2) The person has a history, within the last 10 years, of escape
from a facility while under juvenile or adult custody, including, but
not limited to, any detention facility, camp, jail, or state prison
facility.
(3) The person has a current or prior conviction for an offense
that requires the person to register as a sex offender as provided in
Chapter 5.5. (commencing with Section 290) of Title 9 of Part 1.
(e) An alternative custody program may include the use of
electronic monitoring, global positioning system devices, or other
supervising devices for the purpose of helping to verify a
participant's compliance with the rules and regulations of the
program. The devices shall not be used to eavesdrop or record any
conversation, except a conversation between the participant and the
person supervising the participant, in which case the recording of
the conversation is to be used solely for the purposes of voice
identification.
(f) (1) In order to implement alternative custody for the
population specified in subdivision (c), the sheriff or the county
director of corrections shall create, and the participant shall agree
to and fully participate in, an individualized treatment and
rehabilitation plan. When available and appropriate for the
individualized treatment and rehabilitation plan, the sheriff or the
county director of corrections shall prioritize the use of
evidence-based programs and services that will aid in the participant'
s successful reentry into society while he or she takes part in
alternative custody. Case management services shall be provided to
support rehabilitation and to track the progress and individualized
treatment plan compliance of the inmate.
(2) For purposes of 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 community supervision.
(g) The sheriff or the county director of corrections shall
prescribe reasonable rules to govern the operation of the alternative
custody program. Each participant shall be informed in writing that
he or she is required to comply with the rules of the program,
including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the sheriff or
his or her designee or the county director of corrections or his or
her designee.
(2) The participant shall be subject to search and seizure by a
peace officer at any time of the day or night, with or without cause.
In addition, the participant shall admit any peace officer
designated by the sheriff or his or her designee or the county
director of corrections or his or her designee into the participant's
residence at any time for purposes of verifying the participant's
compliance with the conditions of his or her detention. Prior to
participation in the alternative custody program, each participant
shall agree in writing to these terms and conditions.
(3) The sheriff or his or her designee, or the county director of
corrections or his or her designee, may immediately retake the
participant into custody to serve the balance of his or her sentence
if an electronic monitoring or supervising device is unable for any
reason to properly perform its function at the designated place of
detention, if the participant fails to remain within the place of
detention as stipulated in the agreement, or if the participant for
any other reason no longer meets the criteria under this section.
(h) Whenever a peace officer supervising a participant has
reasonable suspicion to believe that the participant is not complying
with the rules or conditions of the program, or that a required
electronic monitoring device is unable to function properly in the
designated place of confinement, the peace officer may, under general
or specific authorization of the sheriff or his or her designee, or
the county director of corrections or his or her designee, and
without a warrant of arrest, retake the participant into custody to
complete the remainder of the original sentence.
(i) This section shall not be construed to require a sheriff or
his or her designee, or a county director of corrections or his or
her designee, to allow an inmate to participate in this program if it
appears from the record that the inmate has not satisfactorily
complied with reasonable rules and regulations while in custody. An
inmate shall be eligible for participation in an alternative custody
program only if the sheriff or his or her designee or the county
director of corrections or his or her designee concludes that the
inmate meets the criteria for program participation established under
this section and that the inmate's participation is consistent with
any reasonable rules prescribed by the sheriff or the county director
of corrections.
(1) The rules and administrative policies of the program shall be
written and shall be given or made available to each participant upon
assignment to the alternative custody program.
(2) The sheriff or his or her designee or the county director of
corrections or his or her designee shall have the sole discretion
concerning whether to permit program participation as an alternative
to custody in a county jail. A risk and needs assessment shall be
completed on each inmate to assist in the determination of
eligibility for participation and the type of alternative custody.
(j) (1) The sheriff or his or her designee or the county director
of corrections or his or her designee shall permit program
participants to seek and retain employment in the community, attend
psychological counseling sessions or educational or vocational
training classes, participate in life skills or parenting training,
utilize substance abuse treatment services, or seek medical, mental
health, and dental assistance based upon the participant's
individualized treatment and release plan. Participation in other
rehabilitative services and programs may be approved by the case
manager if it is specified as a requirement of the inmate's
individualized treatment and rehabilitative case plan.
(2) Willful failure of the program participant to return to the
place of detention prior to the expiration of any period of time
during which he or she is authorized to be away from the place of
detention, unauthorized departures from the place of detention, or
tampering with or disabling, or attempting to tamper with or disable,
an electronic monitoring device is punishable pursuant to Section
4532 and shall additionally subject the participant to a return to
custody pursuant to subdivisions (g) and (h). In addition,
participants may be subject to forfeiture of credits pursuant to the
provisions of Section 4019, or to discipline for violation of rules
established by the sheriff or the county director of corrections.
(k) (1) Notwithstanding any other law, the sheriff or his or her
designee or the county director of corrections or his or her designee
shall provide the information specified in paragraph (2) regarding
participants in an alternative custody program to the law enforcement
agencies of the jurisdiction in which persons participating in an
alternative custody program reside.
(2) The information required by paragraph (1) shall consist of the
following:
(A) The participant's name, address, and date of birth.
(B) The offense committed by the participant.
(C) The period of time the participant will be subject to an
alternative custody program.
(3) The information received by a law enforcement agency pursuant
to this subdivision may be used for the purpose of monitoring the
impact of an alternative custody program on the community.
(l) It is the intent of the Legislature that the alternative
custody programs established under this section maintain the highest
public confidence, credibility, and public safety. In the furtherance
of these standards, the sheriff or the county director of
corrections may administer an alternative custody program pursuant to
written contracts with appropriate public agencies or entities to
provide specified program services. No public agency or entity
entering into a contract may itself employ any person who is in an
alternative custody program. The sheriff or the county director of
corrections shall determine the recidivism rate of each participant
in an alternative custody program.
(m) An inmate participating in this program shall voluntarily
agree to all of the provisions of the program in writing, including
that he or she may be returned to confinement at any time with or
without cause, and shall not be charged fees or costs for the
program.
(n) If a phrase, clause, sentence, or provision of this section or
application thereof to a person or circumstance is held invalid,
that invalidity shall not affect any other phrase, clause, sentence,
or provision or application of this section, which can be given
effect without the invalid phrase, clause, sentence, or provision or
application and to this end the provisions of this section are
declared to be severable.
SEC. 19. Section 1170.3 of the Penal
Code , as amended by Section 9 of Chapter 508
of the Statutes of 2013, is amended to read:
1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170 by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower, middle, or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(5) Deny a period of mandatory supervision in the interests of
justice under paragraph (5) of subdivision (h) of Section 1170 or
determine the appropriate period and conditions of mandatory
supervision. The rules implementing this paragraph shall be adopted
no later than January 1, 2015.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court. court regarding
probation and mandatory supervision under paragraph (5) of
subdivision (h) of Section 1170.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 20. Section 1170.3 of the Penal
Code , as amended by Section 10 of Chapter 508
of the Statutes of 2013, is amended to read:
1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170 by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(5) Deny a period of mandatory supervision in the interests of
justice under paragraph (5) of subdivision (h) of Section 1170 or
determine the appropriate period and conditions of mandatory
supervision. The rules implementing this paragraph shall be adopted
no later than January 1, 2015.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court. court regarding
probation and mandatory supervision under paragraph (5) of
subdivision (h) of Section 1170.
(c) This section shall become operative on January 1, 2017.
SEC. 21. Section 1233.10 is added to the
Penal Code , to read:
1233.10. (a) Upon agreement to accept funding from the Recidivism
Reduction Fund, created in Section 1233.9, a county board of
supervisors, in collaboration with the county's Community Corrections
Partnership, shall develop, administer, and collect and submit data
to the Board of State and Community Corrections regarding a
competitive grant program intended to fund community recidivism and
crime reduction services, including, but not limited to, delinquency
prevention, homelessness prevention, and reentry services. The
funding shall be allocated to counties by the State Controller's
Office from Item 5227-101-3259 of Section 2.00 of the Budget Act of
2014-15 according to the following schedule:
Alameda $250,000
Alpine $10,000
Amador $10,000
Butte $50,000
Calaveras $10,000
Colusa $10,000
Contra Costa $250,000
Del Norte $10,000
El Dorado $50,000
Fresno $250,000
Glenn $10,000
Humboldt $50,000
Imperial $50,000
Inyo $10,000
Kern $250,000
Kings $50,000
Lake $25,000
Lassen $10,000
Los Angeles $1,600,000
Madera $50,000
Marin $50,000
Mariposa $10,000
Mendocino $25,000
Merced $50,000
Modoc $10,000
Mono $10,000
Monterey $100,000
Napa $50,000
Nevada $25,000
Orange $500,000
Placer $50,000
Plumas $10,000
Riverside $500,000
Sacramento $250,000
San Benito $25,000
San Bernadino $500,000
San Diego $500,000
San Francisco $250,000
San Joaquin $250,000
San Luis Obispo $50,000
San Mateo $250,000
Santa Barbara $100,000
Santa Clara $500,000
Santa Cruz $50,000
Shasta $50,000
Sierra $10,000
Siskiyou $10,000
Solano $100,000
Sonoma $100,000
Stanislaus $100,000
Sutter $25,000
Tehama $25,000
Trinity $10,000
Tulare $100,000
Tuolumne $25,000
Ventura $250,000
Yolo $50,000
Yuba $25,000
(b) For purposes of this section, "community recidivism and crime
reduction service provider" means a nongovernmental entity or a
consortium or coalition of nongovernmental entities, that provides
community recidivism and crime reduction services, as described in
paragraph (2) of subdivision (c), to persons who have been released
from the state prison, a county jail, a juvenile detention facility,
who are under the supervision of a parole or probation department, or
any other person at risk of becoming involved in criminal
activities.
(c) (1) A community recidivism and crime reduction service
provider shall have a demonstrated history of providing services, as
described in paragraph (2), to the target population during the five
years immediately prior to the application for a grant awarded
pursuant to this section.
(2) A community recidivism and crime reduction service provider
shall provide services that are designed to enable persons to whom
the services are provided to refrain from engaging in crime,
reconnect with their family members, and contribute to their
communities. Community recidivism and crime reduction services may
include all of the following:
(A) Self-help groups.
(B) Individual or group assistance with basic life skills.
(C) Mentoring programs.
(D) Academic and educational services, including, but not limited
to, services to enable the recipient to earn his or her high school
diploma.
(E) Job training skills and employment.
(F) Truancy prevention programs.
(G) Literacy programs.
(H) Any other service that advances community recidivism and crime
reduction efforts, as identified by the county board of supervisors
and the Community Corrections Partnership.
(I) Individual or group assistance with referrals for any of the
following:
(i) Mental and physical health assessments.
(ii) Counseling services.
(iii) Education and vocational programs.
(iv) Employment opportunities.
(v) Alcohol and drug treatment.
(vi) Health, wellness, fitness, and nutrition programs and
services.
(vii) Personal finance and consumer skills programs and services.
(viii) Other personal growth and development programs to reduce
recidivism.
(ix) Housing assistance.
(d) Pursuant to this section and upon agreement to accept funding
from the Recidivism Reduction Fund, the board of supervisors, in
collaboration with the county's Community Corrections Partnership,
shall grant funds allocated to the county, as described in
subdivision (a), to community recidivism and crime reduction service
providers based on the needs of their community.
(e) (1) The amount awarded to each community recidivism and crime
reduction service provider by a county shall be based on the
population of the county, as projected by the Department of Finance,
and shall not exceed the following:
(A) One hundred thousand dollars ($100,000) in a county with a
population of over 4,000,000 people.
(B) Fifty thousand dollars ($50,000) in a county with a population
of 700,000 or more people but less than 4,000,000 people.
(C) Twenty five thousand dollars ($25,000) in a county with a
population of 400,000 or more people but less than 700,000 people.
(D) Ten thousand dollars ($10,000) in a county with a population
of less than 400,000 people.
(2) The total amount of grants awarded to a single community
recidivism and crime reduction service provider by all counties
pursuant to this section shall not exceed one hundred thousand
dollars ($100,000).
(f) The board of supervisors, in collaboration with the county's
Community Corrections Partnership, shall establish minimum
requirements, funding criteria, and procedures for the counties to
award grants consistent with the criteria established in this
section.
(g) A community recidivism and crime reduction service provider
that receives a grant under this section shall report to the county
board of supervisors or the Community Corrections Partnership on the
number of individuals served and the types of services provided,
consistent with paragraph (2) of subdivision (c). The board of
supervisors or the Community Corrections Partnership shall report to
the Board of State and Community Corrections any information received
under this subdivision from grant recipients.
(h) Of the total amount granted to a county, up to 5 percent may
be withheld by the board of supervisors or the Community Corrections
Partnership for the payment of administrative costs.
(i) Any funds allocated to a county under this section shall be
available for expenditure for a period of four years and any
unexpended funds shall revert to the state General Fund at the end of
the four-year period. Any funds not encumbered with a community
recidivism and crime reduction service provider one year after
allocation of grant funds to counties shall immediately revert to the
state General Fund.
SEC. 22. Section 1233.15 of the Penal
Code is amended to read:
1233.15. The Director of Finance, in consultation with the
Administrative Office of the Courts, the Department of Corrections
and Rehabilitation, and the Chief Probation Officers of California,
shall develop a revised formula for the California Community
Corrections Performance Incentives Act of 2009 that takes into
consideration the significant changes to the eligibility of some
felony probationers for revocation to the state prison resulting from
the implementation of the 2011 Public Safety realignment, and may
also take into consideration the data calculated pursuant to
subdivisions (f) to (i), inclusive, of Section 1233.1. The revised
formula may include adjustments to the baseline failure rate for each
county. It is the intent of the Legislature that, commencing
with the 2015-16 fiscal year, probation departments
receive performance incentive funding pursuant to, and consistent
with, this chapter for their success at reducing postrelease
community supervision failure to prison rates and mandatory
supervision failure to prison rates.
SEC. 23. Section 1233.6 of the Penal
Code is amended to read:
1233.6. (a) Probation failure reduction incentive payments and
high performance grants calculated for any calendar year shall be
provided to counties in the following fiscal year. The total annual
payment to each county shall be divided into four equal quarterly
payments.
(b) The Department of Finance shall include an estimate of the
total probation failure reduction incentive payments and high
performance grants to be provided to counties in the coming fiscal
year as part of the Governor's proposed budget released no later than
January 10 of each year. This estimate shall be adjusted by the
Department of Finance, as necessary, to reflect the actual
calculations of probation failure reduction incentive payments and
high performance grants completed by the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts. This
adjustment shall occur as part of standard budget revision processes
completed by the Department of Finance in April and May of each year.
(c) There is hereby established, in the State Treasury, the State
Community Corrections Performance Incentives Fund, which is
continuously appropriated. Moneys appropriated for purposes of
providing probation failure reduction incentive payments and high
performance grants authorized in Sections 1230 to 1233.6, inclusive,
shall be transferred into this fund from the General Fund. Any moneys
transferred into this fund from the General Fund shall be
administered by the Administrative Office of the Courts and the share
calculated for each county probation department shall be transferred
to its Community Corrections Performance Incentives Fund authorized
in Section 1230.
(d) For each fiscal year, the Director of Finance shall determine
the total amount of the State Community Corrections Performance
Incentives Fund and the amount to be allocated to each county,
pursuant to this section and Sections 1230 to 1233.5, inclusive, and
shall report those amounts to the Controller. The Controller shall
make an allocation from the State Community Corrections Performance
Incentives Fund authorized in subdivision (c) to each county in
accordance with the amounts provided.
(e) The Notwithstanding Section 13340 of
the Government Code, commencing July 1, 2014, and each fiscal year
thereafter, the amount of one million dollars ($1,000,000) is
hereby continuously appropriated from the State Community
Corrections Performance Incentive Incentives
Fund to the judicial branch
Administrative Office of the Courts for the costs of
implementing and administering this program, pursuant to subdivision
(c), and the 2011 realignment legislation addressing public safety.
These funds shall be available for encumbrance and
expenditure until June 30, 2014.
SEC. 24. Section 1233.61 of the Penal
Code is amended to read:
1233.61. Notwithstanding any other law, any moneys remaining in
the State Community Corrections Performance Incentives Fund, after
the calculation and award determination of each county's tier
payments or high performance grant payments pursuant to Sections
1233.3 and 1233.4, shall be distributed to county probation
departments as follows:
(a) The Department of Finance shall increase the award amount for
any county whose tier payment or high performance grant payment, as
calculated pursuant to Sections 1233.3 and 1233.4, totals less than
two hundred thousand dollars ($200,000) to no more than two hundred
thousand dollars ($200,000).
(b) The Department of Finance shall adjust the award amount for
any county that has a probation failure rate, as defined in
subdivision (c) of Section 1233.1, that is below the statewide
average, as defined in subdivision (b) of Section 1233.1, so that
these counties receive no less than two hundred thousand dollars
($200,000).
(c) The Department of Finance shall evenly distribute any
remaining funds funds, up to two hundred
thousand dollars ($200,000) per county, to those counties that
did not receive a tier payment or a high performance grant payment,
as calculated pursuant to Sections 1233.3 and 1233.4.
(d) The distribution of any funds remaining after the distribution
made pursuant to subdivision (c) shall be determined by the
Department of Finance. The distribution may give preference to high
performing counties that did not receive funding pursuant to Section
1233.4.
(d)
(e) At no time shall an award provided to a county
through subdivision (c) exceed the amount of a grant award provided
to counties that are eligible to receive increased award amounts
pursuant to subdivision (a) or (b).
(e)
(f) Any county receiving funding through subdivision
(c) shall submit a report to the Administrative Office of the Courts
and the Chief Probation Officers of California describing how it
plans on using the funds to enhance its ability to be successful
under this act. Commencing January 1, 2014, a county that fails to
submit this report by March 1 annually shall not receive funding
pursuant to subdivision (c) in the subsequent fiscal year.
(f)
(g) A county that fails to provide the information
specified in Section 1231 to the Administrative Office of the Courts
shall not be eligible for payment pursuant to this section.
SEC. 25. Section 1370 of the
Penal Code is amended to read:
1370. (a) (1) (A) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent, the trial or
judgment shall be suspended until the person becomes mentally
competent.
(i) In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff to a state hospital
for the care and treatment of the mentally disordered, as
directed by the State Department of State Hospitals, or to any
other available public or private treatment facility, including a
local county jail treatment facility or the community-based
residential treatment system established pursuant to Article 1
(commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5
of the Welfare and Institutions Code if the facility has a secured
perimeter or a locked and controlled treatment facility ,
approved by the community program director that will promote the
defendant's speedy restoration to mental competence, or placed on
outpatient status as specified in Section 1600.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall so
notify the court and defendant in writing. After this notification,
and opportunity for hearing, the court shall order that the defendant
be delivered by the sheriff to a state hospital
hospital, as directed by the State Department of State
Hospitals, or other secure treatment facility for the care and
treatment of the mentally disordered unless the court makes specific
findings on the record that an alternative placement would provide
more appropriate treatment for the defendant and would not pose a
danger to the health and safety of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the mentally
disordered disordered, as directed by the State
Department of State Hospitals, unless the court makes specific
findings on the record that an alternative placement would provide
more appropriate treatment for the defendant and would not pose a
danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon the filing of a certificate of restoration to competence,
the court shall order that the defendant be returned to court in
accordance with Section 1372. The court shall transmit a copy of its
order to the community program director or a designee.
(D) A defendant charged with a violent felony may not be delivered
to a state hospital or treatment facility pursuant to this
subdivision unless the state hospital or treatment facility has a
secured perimeter or a locked and controlled treatment facility, and
the judge determines that the public safety will be protected.
(E) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(F) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1600, only if the court
finds that the placement will not pose a danger to the health or
safety of others. If the court places a defendant charged with a
violent felony on outpatient status, as specified in Section 1600,
the court must serve copies of the placement order on defense
counsel, the sheriff in the county where the defendant will be placed
and the district attorney for the county in which the violent felony
charges are pending against the defendant.
(2) Prior to making the order directing that the defendant be
confined in a state hospital committed to the
State Department of State Hospitals or other treatment
facility or placed on outpatient status, the court shall proceed as
follows:
(A) The court shall order the community program director or a
designee to evaluate the defendant and to submit to the court within
15 judicial days of the order a written recommendation as to whether
the defendant should be required to undergo outpatient treatment, or
committed to a state hospital the State
Department of State Hospitals or to any other treatment
facility. No person shall be admitted to a state hospital or other
treatment facility or placed on outpatient status under this section
without having been evaluated by the community program director or a
designee. The community program director or designee shall evaluate
the appropriate placement for the defendant between a state
hospital or the State Department of State Hospitals,
a local county jail treatment facility , or the
community-based residential treatment system based upon
guidelines provided by the State Department of State Hospitals. If a
local county jail treatment facility is selected, the State
Department of State Hospitals shall provide treatment at the county
jail treatment facility and reimburse the county jail treatment
facility for the reasonable costs of the bed during the treatment.
If the community-based residential treatment system
is selected, the State Department of State Hospitals shall provide
reimbursement to the community-based residential treatment system for
the cost of treatment as negotiated with the State Department of
State Hospitals. The six-month limitation in Section 1369.1
shall not apply to individuals deemed incompetent to stand trial who
are being treated to restore competency within a county jail
treatment facility pursuant to this section.
(B) The court shall hear and determine whether the defendant lacks
capacity to make decisions regarding the administration of
antipsychotic medication, and shall proceed as follows:
(i) The court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious harm
to the physical or mental health of the defendant requires evidence
that the defendant is presently suffering adverse effects to his or
her physical or mental health, or the defendant has previously
suffered these effects as a result of a mental disorder and his or
her condition is substantially deteriorating. The fact that a
defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property, involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial, the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner, less
intrusive treatments are unlikely to have substantially the same
results, and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(ii) If the court finds any of the conditions described in clause
(i) to be true, the court shall issue an order authorizing the
treatment facility to involuntarily administer antipsychotic
medication to the defendant when and as prescribed by the defendant's
treating psychiatrist. The court shall not order involuntary
administration of psychotropic medication under subclause (III) of
clause (i) unless the court has first found that the defendant does
not meet the criteria for involuntary administration of psychotropic
medication under subclause (I) of clause (i) and does not meet the
criteria under subclause (II) of clause (i).
(iii) In all cases, the treating hospital, facility, or program
may administer medically appropriate antipsychotic medication
prescribed by a psychiatrist in an emergency as described in
subdivision (m) of Section 5008 of the Welfare and Institutions Code.
(iv) If the court has determined that the defendant has the
capacity to make decisions regarding antipsychotic medication, and if
the defendant, with advice of his or her counsel, consents, the
court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
subparagraphs (C) and (D) regarding whether antipsychotic medication
shall be administered involuntarily.
(v) If the court has determined that the defendant has the
capacity to make decisions regarding antipsychotic medication and if
the defendant, with advice from his or her counsel, does not consent,
the court order for commitment shall indicate that, after the
treating psychiatrist complies with the provisions of subparagraph
(C), the defendant shall be returned to court for a hearing in
accordance with subparagraphs (C) and (D) regarding whether
antipsychotic medication shall be administered involuntarily.
(vi) Any report made pursuant to paragraph (1) of subdivision (b)
shall include a description of any antipsychotic medication
administered to the defendant and its effects and side effects,
including effects on the defendant's appearance or behavior that
would affect the defendant's ability to understand the nature of the
criminal proceedings or to assist counsel in the conduct of a defense
in a reasonable manner. During the time the defendant is confined in
a state hospital or other treatment facility or placed on outpatient
status, either the defendant or the people may request that the
court review any order made pursuant to this subdivision. The
defendant, to the same extent enjoyed by other patients in the state
hospital or other treatment facility, shall have the right to contact
the patients' rights advocate regarding his or her rights under this
section.
(C) If the defendant consented to antipsychotic medication as
described in clause (iv) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (v) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication based on the conditions described
in subclause (I) or (II) of clause (i) of subparagraph (B), the
treating psychiatrist shall certify whether the lack of capacity and
any applicable conditions described above exist. That certification
shall contain an assessment of the current mental status of the
defendant and the opinion of the treating psychiatrist that
involuntary antipsychotic medication has become medically necessary
and appropriate.
(D) (i) If the treating psychiatrist certifies that antipsychotic
medication has become medically necessary and appropriate pursuant to
subparagraph (C), antipsychotic medication may be administered to
the defendant for not more than 21 days, provided, however, that,
within 72 hours of the certification, the defendant is provided a
medication review hearing before an administrative law judge to be
conducted at the facility where the defendant is receiving treatment.
The treating psychiatrist shall present the case for the
certification for involuntary treatment and the defendant shall be
represented by an attorney or a patients' rights advocate. The
attorney or patients' rights advocate shall be appointed to meet with
the defendant no later than one day prior to the medication review
hearing to review the defendant's rights at the medication review
hearing, discuss the process, answer questions or concerns regarding
involuntary medication or the hearing, assist the defendant in
preparing for the hearing and advocating for his or her interests at
the hearing, review the panel's final determination following the
hearing, advise the defendant of his or her right to judicial review
of the panel's decision, and provide the defendant with referral
information for legal advice on the subject. The defendant shall also
have the following rights with respect to the medication review
hearing:
(I) To being given timely access to the defendant's records.
(II) To be present at the hearing, unless the defendant waives
that right.
(III) To present evidence at the hearing.
(IV) To question persons presenting evidence supporting
involuntary medication.
(V) To make reasonable requests for attendance of witnesses on the
defendant's behalf.
(VI) To a hearing conducted in an impartial and informal manner.
(ii) If the administrative law judge determines that the defendant
either meets the criteria specified in subclause (I) of clause (i)
of subparagraph (B), or meets the criteria specified in subclause
(II) of clause (i) of subparagraph (B), then antipsychotic medication
may continue to be administered to the defendant for the 21-day
certification period. Concurrently with the treating psychiatrist's
certification, the treating psychiatrist shall file a copy of the
certification and a petition with the court for issuance of an order
to administer antipsychotic medication beyond the 21-day
certification period. For purposes of this subparagraph, the treating
psychiatrist shall not be required to pay or deposit any fee for the
filing of the petition or other document or paper related to the
petition.
(iii) If the administrative law judge disagrees with the
certification, medication may not be administered involuntarily until
the court determines that antipsychotic medication should be
administered pursuant to this section.
(iv) The court shall provide notice to the prosecuting attorney
and to the attorney representing the defendant, and shall hold a
hearing, no later than 18 days from the date of the certification, to
determine whether antipsychotic medication should be ordered beyond
the certification period.
(v) If, as a result of the hearing, the court determines that
antipsychotic medication should be administered beyond the
certification period, the court shall issue an order authorizing the
administration of that medication.
(vi) The court shall render its decision on the petition and issue
its order no later than three calendar days after the hearing and,
in any event, no later than the expiration of the 21-day
certification period.
(3) When the court orders that the defendant be confined
in a state hospital committed to the State Department
of State Hospitals or other public or private treatment
facility, the court shall provide copies of the following documents
which shall be taken with prior to the
admission of the defendant to the state hospital
State Department of State Hospitals or other
treatment facility where the defendant is to be confined:
committed:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The community program director's placement recommendation
report.
(H) Records of any finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or any pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(I) Any medical records.
(4) When the defendant is committed to a treatment facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
treatment facility other than a state hospital or other secure
treatment facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) When directing that the defendant be confined in a state
hospital pursuant to this subdivision, the court shall
select the hospital in accordance with the policies established by
commit the patient to the State Department of
State Hospitals.
(6) (A) If the defendant is committed or transferred to a
state hospital the State Department of State
Hospitals pursuant to this section, the court may, upon
receiving the written recommendation of the medical director of the
state hospital and the community program director that the defendant
be transferred to a public or private treatment facility approved by
the community program director, order the defendant transferred to
that facility. If the defendant is committed or transferred to a
public or private treatment facility approved by the community
program director, the court may, upon receiving the written
recommendation of the community program director, transfer the
defendant to a state hospital the State
Department of State Hospitals or to another public or private
treatment facility approved by the community program director. In the
event of dismissal of the criminal charges before the defendant
recovers competence, the person shall be subject to the applicable
provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with
Section 5000) of Division 5 of the Welfare and Institutions Code).
Where If either the defendant or the
prosecutor chooses to contest either kind of order of transfer, a
petition may be filed in the court for a hearing, which shall be held
if the court determines that sufficient grounds exist. At the
hearing, the prosecuting attorney or the defendant may present
evidence bearing on the order of transfer. The court shall use the
same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(B) If the defendant is initially committed to a state
hospital the State Department of State Hospitals
or secure treatment facility pursuant to clause (ii) or (iii) of
subparagraph (B) of paragraph (1) and is subsequently transferred to
any other facility, copies of the documents specified in paragraph
(3) shall be taken with the defendant to each subsequent facility to
which the defendant is transferred. The transferring facility shall
also notify the appropriate law enforcement agency or agencies having
local jurisdiction at the site of the new facility that the
defendant is a person subject to clause (ii) or (iii) of subparagraph
(B) of paragraph (1).
(7) An order by the court authorizing involuntary medication of
the defendant shall be valid for no more than one year. The court
shall review the order six months after the order was made to
determine if the grounds for the authorization remain. In the review,
the court shall consider the reports of the treating psychiatrist or
psychiatrists and the defendant's patients' rights advocate or
attorney. The court may require testimony from the treating
psychiatrist or psychiatrists and the patients' rights advocate or
attorney, if necessary. The court may continue the order authorizing
involuntary medication for up to another six months, or vacate the
order, or make any other appropriate order.
(b) (1) Within 90 days of a commitment made pursuant to
subdivision (a), the medical director of the state hospital or other
treatment facility to which the defendant is confined shall make a
written report to the court and the community program director for
the county or region of commitment, or a designee, concerning the
defendant's progress toward recovery of mental competence.
Where If the defendant is on outpatient status,
the outpatient treatment staff shall make a written report to the
community program director concerning the defendant's progress toward
recovery of mental competence. Within 90 days of placement on
outpatient status, the community program director shall report to the
court on this matter. If the defendant has not recovered mental
competence, but the report discloses a substantial likelihood that
the defendant will regain mental competence in the foreseeable
future, the defendant shall remain in the state hospital or other
treatment facility or on outpatient status. Thereafter, at six-month
intervals or until the defendant becomes mentally competent,
where if the defendant is confined in a
treatment facility, the medical director of the hospital or person in
charge of the facility shall report in writing to the court and the
community program director or a designee regarding the defendant's
progress toward recovery of mental competence. Where
If the defendant is on outpatient status, after
the initial 90-day report, the outpatient treatment staff shall
report to the community program director on the defendant's progress
toward recovery, and the community program director shall report to
the court on this matter at six-month intervals. A copy of these
reports shall be provided to the prosecutor and defense counsel by
the court. If the report indicates that there is no substantial
likelihood that the defendant will regain mental competence in the
foreseeable future, the committing court shall order the defendant to
be returned to the court for proceedings pursuant to paragraph (2)
of subdivision (c). The court shall transmit a copy of its order to
the community program director or a designee.
(2) Where If the court has issued an
order authorizing the treating facility to involuntarily administer
antipsychotic medication to the defendant, the reports made at
six-month intervals concerning the defendant's progress toward
regaining competency shall also consider the issue of involuntary
medication. Each report shall include, but is not limited to, all the
following:
(A) Whether or not the defendant has the capacity to make
decisions concerning antipsychotic medication.
(B) If the defendant lacks capacity to make decisions concerning
antipsychotic medication, whether the defendant risks serious harm to
his or her physical or mental health if not treated with
antipsychotic medication.
(C) Whether or not the defendant presents a danger to others if he
or she is not treated with antipsychotic medication.
(D) Whether the defendant has a mental illness for which
medications are the only effective treatment.
(E) Whether there are any side effects from the medication
currently being experienced by the defendant that would interfere
with the defendant's ability to collaborate with counsel.
(F) Whether there are any effective alternatives to medication.
(G) How quickly the medication is likely to bring the defendant to
competency.
(H) Whether the treatment plan includes methods other than
medication to restore the defendant to competency.
(I) A statement, if applicable, that no medication is likely to
restore the defendant to competency.
(3) After reviewing the reports, the court shall determine whether
or not grounds for the order authorizing involuntary administration
of antipsychotic medication still exist and shall do one of the
following:
(A) If the original grounds for involuntary medication still
exist, the order authorizing the treating facility to involuntarily
administer antipsychotic medication to the defendant shall remain in
effect.
(B) If
the original grounds for involuntary medication no longer exist, and
there is no other basis for involuntary administration of
antipsychotic medication, the order for the involuntary
administration of antipsychotic medication shall be vacated.
(C) If the original grounds for involuntary medication no longer
exist, and the report states that there is another basis for
involuntary administration of antipsychotic medication, the court
shall set a hearing within 21 days to determine whether the order for
the involuntary administration of antipsychotic medication shall be
vacated or whether a new order for the involuntary administration of
antipsychotic medication shall be issued. The hearing shall proceed
as set forth in subparagraph (B) of paragraph (2) of subdivision (a).
(4) Any defendant who has been committed or has been on outpatient
status for 18 months and is still hospitalized or on outpatient
status shall be returned to the committing court where a hearing
shall be held pursuant to the procedures set forth in Section 1369.
The court shall transmit a copy of its order to the community program
director or a designee.
(5) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. The court shall transmit a copy
of its order to the community program director or a designee.
(6) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination. If the court determines that the defendant shall
continue to be treated in the state hospital or on an outpatient
basis, the court shall determine issues concerning administration of
antipsychotic medication, as set forth in subparagraph (B) of
paragraph (2) of subdivision (a).
(c) (1) At the end of three years from the date of commitment or a
period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, a defendant who has not recovered mental competence shall be
returned to the committing court. The court shall notify the
community program director or a designee of the return and of any
resulting court orders.
(2) Whenever any defendant is returned to the court pursuant to
paragraph (1) or (4) of subdivision (b) or paragraph (1) of this
subdivision and it appears to the court that the defendant is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall order the conservatorship investigator of the county
of commitment of the defendant to initiate conservatorship
proceedings for the defendant pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions
Code. Any hearings required in the conservatorship proceedings shall
be held in the superior court in the county that ordered the
commitment. The court shall transmit a copy of the order directing
initiation of conservatorship proceedings to the community program
director or a designee, the sheriff and the district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record. The court shall notify the community program
director or a designee, the sheriff and district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record of the outcome of the conservatorship proceedings.
(3) If a change in placement is proposed for a defendant who is
committed pursuant to subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall provide notice and an opportunity to be heard with
respect to the proposed placement of the defendant to the sheriff and
the district attorney of the county in which criminal charges are
pending.
(4) Where If the defendant is
confined in a treatment facility, a copy of any report to the
committing court regarding the defendant's progress toward recovery
of mental competence shall be provided by the committing court to the
prosecutor and to the defense counsel.
(d) The criminal action remains subject to dismissal pursuant to
Section 1385. If the criminal action is dismissed, the court shall
transmit a copy of the order of dismissal to the community program
director or a designee.
(e) If the criminal charge against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
that may be appropriate under the Lanterman-Petris-Short Act, Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code.
(f) As used in this chapter, "community program director" means
the person, agency, or entity designated by the State Department of
State Hospitals pursuant to Section 1605 of this code and Section
4360 of the Welfare and Institutions Code.
(g) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.
(h) Nothing in this section shall preclude a defendant from filing
a petition for habeas corpus to challenge the continuing validity of
an order authorizing a treatment facility or outpatient program to
involuntarily administer antipsychotic medication to a person being
treated as incompetent to stand trial.
(i) This section shall become operative on July 1, 2012.
SEC. 26. Section 2694 of the Penal Code
is amended to read:
2694. (a) The Department of Corrections and
Rehabilitation shall expand substance abuse treatment services in
prisons to accommodate at least 4,000 additional inmates who have
histories of substance abuse. In determining the prisons in which
these additional treatment services will be located, the department
may consider efficiency and efficacy of treatment, availability of
staff resources, availability of physical space, and availability of
additional resources in surrounding communities to supplement the
treatment. In addition, the department shall expand followup
treatment services in the community in order to ensure that offenders
who participate in substance abuse treatment while incarcerated in
prison shall receive necessary followup treatment while on parole.
(b) (1) Notwithstanding any other law, unless there is a security
or safety reason not to do so, a substance abuse treatment program
funded by the Department of Corrections and Rehabilitation and
offered in a facility under the jurisdiction of the department
pursuant to this section shall include a peer counseling component
allowing prisoners to receive the necessary training within those
facilities to become certified addiction counselors, including
necessary course work and clinical hours.
(2) If the department determines that a peer counseling component
shall not be included as part of a substance abuse treatment program
offered in a facility under the department's jurisdiction, the
department shall notify in writing on January 10, 2015, and January
10, 2016, the Assembly and Senate Committees on Budget and the
relevant Assembly and Senate policy committees at the time the
determination is made. The report shall include the reason for the
determination and a description of the substance abuse treatment
program being provided.
(3) For purposes of this section, "peer counseling" means
counseling offered by a person sharing similar life experiences who
provides advice and assistance to another individual with the
intended outcome of overcoming addiction-related challenges.
SEC. 27. Article 2.4 (commencing with Section 3016)
is added to Chapter 8 of Title 1 of Part 3 of the Penal
Code , to read:
Article 2.4. Case Management Reentry Pilot Program
3016. (a) The Secretary of the Department of Corrections and
Rehabilitation shall establish the Case Management Reentry Pilot
Program for offenders under the jurisdiction of the department who
have been sentenced to a term of imprisonment under Section 1170 and
are likely to benefit from a case management reentry strategy
designed to address homelessness, joblessness, mental disorders, and
developmental disabilities among offenders transitioning from prison
into the community. The purpose of the pilot program is to implement
promising and evidence-based practices and strategies that promote
improved public safety outcomes for offenders reentering society
after serving a term in state prison and while released to parole.
(b) The program shall be initiated in at least three counties over
three years, supported by department employees focusing primarily on
case management services for eligible parolees selected for the
pilot program. Department employees shall be experienced or trained
to work as social workers with a parole population. Selection of a
parolee for participation in the pilot program does not guarantee the
availability of services.
(c) Case management social workers shall assist offenders on
parole who are assigned to the program in managing basic needs,
including housing, job training and placement, medical and mental
health care, and any additional programming or responsibilities
attendant to the terms of the offender's reentry requirements. Case
management social workers also shall work closely with offenders to
prepare, monitor, revise, and fulfill individualized offender reentry
plans consistent with this section during the term of the program.
(d) Individualized offender reentry plans shall focus on
connecting offenders to services for which the offender is eligible
under existing federal, state, and local rules.
(e) Case management services shall be prioritized for offenders
identified as potentially benefiting from assistance with the
following:
(1) Food, including the immediate need and long-term planning for
obtaining food.
(2) Clothing, including the immediate need to obtain appropriate
clothing.
(3) Shelter, including obtaining housing consistent with the goals
of the most independent, least restrictive and potentially durable
housing in the local community and that are feasible for the
circumstances of each reentering offender.
(4) Benefits, including, but not limited to, the California Work
Opportunity and Responsibility to Kids program, general assistance,
benefits administered by the federal Social Security Administration,
Medi-Cal, and veterans benefits.
(5) Health services, including assisting parolee clients with
accessing community mental health, medical, and dental treatment.
(6) Substance abuse services, including assisting parolee clients
with obtaining community substance abuse treatment or related 12-step
program information and locations.
(7) Income, including developing and implementing a feasible plan
to obtain an income and employment reflecting the highest level of
work appropriate for a reentering offender's abilities and
experience.
(8) Identification cards, including assisting reentering offenders
with obtaining state identification cards.
(9) Life skills, including assisting with the development of
skills concerning money management, job interviewing, resume writing,
and activities of daily living.
(10) Activities, including working with reentering offenders in
choosing and engaging in suitable and productive activities.
(11) Support systems, including working with reentering offenders
on developing a support system, which may consist of prosocial
friends, family, and community groups and activities, such as
religious activities, recovery groups, and other social events.
(12) Academic and vocational programs, including assisting
reentering offenders in developing and implementing a realistic plan
to achieve an academic education, or vocational training, or both.
(13) Discharge planning, including developing postparole plans to
sustain parolees' achievements and goals to insure long-term
community success.
(f) The department shall contract for an evaluation of the pilot
program that will assess its effectiveness in reducing recidivism
among offenders transitioning from prison into the community.
(g) The department shall submit a final report of the findings
from its evaluation of the pilot program to the Legislature and the
Governor no later than three years after the enactment of Assembly
Bill 1457 or Senate Bill 851 of the 2013-14 Regular Session. The
report shall be submitted in compliance with Section 9795 of the
Government Code.
(h) Implementation of this article is contingent on the
availability of funds and the pilot program may be limited in scope
or duration based on the availability of funds.
SEC. 28. Section 3060.7 of the Penal
Code is amended to read:
3060.7. (a) (1) Notwithstanding any other law, the supervising
parole agency shall notify any person released on parole or
postrelease community supervision pursuant to Title 2.05 (commencing
with Section 3450) of Part 3 who has been classified by the
Department of Corrections and Rehabilitation as included within the
highest control or risk classification that he or she shall be
required to report to his or her assigned parole officer or
designated local supervising agency within two days of release from
the state prison.
(2) This section shall not prohibit the supervising parole agency
or local supervising agency from requiring any person released on
parole or postrelease community supervision to report to his or her
assigned parole officer within a time period that is less than two
days from the time of release.
(b) The supervising parole agency, within 24 hours of a parolee's
failure to report as required by this section, shall issue a written
order suspending the parole of that parolee, pending a hearing before
the Board of Parole Hearings or the court, as applicable, and shall
request that a warrant be issued for the parolee's arrest pursuant to
subdivision (c) of Section 3000.08.
(c) Upon the issuance of an arrest warrant for a parolee who has
been classified within the highest control or risk classification,
the assigned parole officer shall continue to carry the parolee on
his or her regular caseload and shall continue to search for the
parolee's whereabouts.
(d) With regard to any inmate subject to this section, the
Department of Corrections and Rehabilitation shall release an inmate
sentenced prior to June 27, 2012, January 1,
1996, one or two days before his or her scheduled release date
if the inmate's release date falls on the day before a holiday or
weekend.
(e) With regard to any inmate subject to this section, the
Department of Corrections and Rehabilitation shall release an inmate
one or two days after his or her scheduled release date if the
release date falls on the day before a holiday or weekend.
(f) This section shall become operative on July 1, 2013.
SEC. 29. Section 5006 of the Penal Code
is amended to read:
5006. (a) (1) All moneys now held for the benefit of inmates
currently housed in Department of Corrections and Rehabilitation
facilities including those known as the Inmate Canteen Fund of the
California Institution for Men; the Inmate Welfare Fund of the
California Institution for Women; the Trust Contingent Fund of the
California State Prison at Folsom; the S.P.L. Commissary, Canteen
Account, Hobby Association, Camp Account, Library Fund, News Agency
of the California State Prison at San Quentin, the Prisoners' Fund;
and the Prisoners' Employment Fund, shall be deposited in the Inmate
Welfare Fund of the Department of Corrections and Rehabilitation, in
the State Treasury, which is hereby created. The money in the fund
shall be used solely for the benefit and welfare of inmates of
prisons and institutions under the jurisdiction of the Department of
Corrections and Rehabilitation, including the following:
(A) The establishment, maintenance, employment of personnel for,
and purchase of items for sale to inmates at canteens maintained at
the state institutions.
(B) The establishment, maintenance, employment of personnel, and
necessary expenses in connection with the operation of the hobby
shops at institutions under the jurisdiction of the department.
(C) Educational programs, hobby and recreational programs, which
may include physical education activities and hobby craft classes,
inmate family visiting services, leisure-time activities, and
assistance with obtaining photo identification from the Department of
Motor Vehicles.
(D) Funding for innovative programming by not-for-profit
organizations offering programs that have demonstrated success and
focus on offender responsibility and restorative justice principles.
All funding used for this purpose shall go directly to the
not-for-profit organizations and shall not be used for department
staff or administration of the programming.
(2) The warden of each institution, in collaboration with at least
two representatives from local or state advocacy groups for inmates
and two members of either the men's or women's advisory council or
similar group within each institution, shall meet at least biannually
to determine how the money in the fund shall be used to benefit the
inmates of the respective institution. It is the intent of the
Legislature that the funds only be expended on services other than
those that the department is required to provide to inmates.
(b) There shall be deposited in the Inmate Welfare Fund all net
proceeds from the operation of canteens and hobby shops and any
moneys that may be assigned to the state prison by prisoners for
deposit in the fund. The moneys in the fund shall constitute a trust
held by the Secretary of the Department of Corrections and
Rehabilitation for the benefit and welfare, as herein defined, of all
of the inmates of institutions and prisons under the jurisdiction of
the department.
(c) The Department of Finance shall conduct a biennial audit of
the Inmate Welfare Fund to include an audit report which shall
summarize expenditures from the fund by major categories. At the end
of each intervening fiscal year, a statement of operations shall be
prepared that shall contain the same information as would be provided
in the biennial audit. At least one copy of any statement of
operations or audit report shall be placed in each library maintained
by the Department of Corrections and Rehabilitation and shall be
available there to any inmate.
SEC. 30. Section 6032 is added to the
Penal Code , to read:
6032. (a) There is hereby established within the Board of State
and Community Corrections the California Juvenile Justice Data
Working Group. The purpose of the working group is to recommend
options for coordinating and modernizing the juvenile justice data
systems and reports that are developed and maintained by state and
county agencies.
(b) (1) The working group shall include representatives from each
of the following:
(A) The Department of Justice.
(B) The Board of State and Community Corrections.
(C) The Division of Juvenile Justice within the Department of
Corrections and Rehabilitation.
(D) The Chief Probation Officers of California.
(E) The Judicial Council.
(F) The California State Association of Counties.
(G) Any other representatives that are deemed appropriate by the
board.
(2) Members of the working group shall include persons that have
experience or expertise related to the California juvenile justice
system or the design and implementation of juvenile justice data
systems, or both.
(c) (1) The working group shall analyze the capacities and
limitations of the data systems and networks used to collect and
report state and local juvenile caseload and outcome data. The
analysis shall include all of the following:
(A) A review of the relevant data systems, studies, or models from
California and other states having elements worthy of replication in
California.
(B) Identify changes or upgrades to improve the capacity and
utility of juvenile justice caseload and outcome data in California,
including changes to support the gathering of juvenile justice
outcome and recidivism information, and changes to improve
performance outcome measurements for state-local juvenile justice
grant programs.
(2) No later than January 1, 2016, the working group shall prepare
and submit a report to the Legislature on the options for improving
interagency coordination, modernization, and upgrading of state and
local juvenile justice data and information systems. The report shall
include, but not be limited to, all of the following:
(A) The additional collection and reporting responsibilities for
agencies, departments, or providers that would be affected.
(B) Recommendations for the creation of a Web-based statewide
clearinghouse or information center that would make relevant juvenile
justice information on operations, caseloads, dispositions, and
outcomes available in a user-friendly, query-based format for
stakeholders and members of the public.
(C) An assessment of the feasibility of implementing the
responsibilities identified in subparagraph (A) and the
recommendations developed pursuant to subparagraph (B).
(3) The working group shall also recommend a plan for improving
the current juvenile justice reporting requirements of Section 1961
of the Welfare and Institutions Code and Section 30061 of the
Government Code, including streamlining and consolidating current
requirements without sacrificing meaningful data collection. The
working group shall submit its recommendations to the Board of State
and Community Corrections no later than December 31, 2014.
(d) (1) The requirement for submitting a report imposed under
subdivision (c) is inoperative on January 1, 2016, pursuant to
Section 10231.5 of the Government Code.
(2) A report submitted to the Legislature pursuant to subdivision
(c) shall be submitted in compliance with Section 9795 of the
Government Code.
SEC. 31. The Legislature hereby finds and declares
all of the following with respect to Section 29 of this act:
(a) A share of the restored mentally ill offender crime reduction
grants, with the enactment of this act, will be dedicated to
improving mental health outcomes for children in the juvenile justice
system.
(b) While California's youth crime rates are down overall in
California, our courts and juvenile justice facilities are brimming
with children and youth with a broad range of mental health disorders
and unmet treatment needs.
(c) In a 2005 "gap survey" of California probation chiefs, paving
the way for the subsequent realignment of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice
population to local control, the chiefs identified juvenile mental
health cases as the most significant problem and service gap they
faced. In a later study, Chief Probation Officers of California
documented long stays and high costs related to the detention of
juveniles with mental health problems. State and national studies
confirm, again and again, extremely high rates of mental health
disorders among incarcerated youth, with prevalence exceeding 70
percent of juveniles in custody. Data from the Board of State and
Community Corrections in 2013 documents the fact that nearly one-half
of the daily 8,200 juveniles in custody or on electronic monitoring
in California have "open mental health cases."
(d) When the mental health needs of young offenders are ignored,
these youth enter a high-risk zone of becoming chronic adult
offenders, committing further crimes, and filling up our already
crowded prisons and jails. This comes at a cost in public safety, a
cost to the probation, court, and corrections agencies who must then
deal expensively with the problem on a long-term basis at the deep
end of our jail and prison systems, and a cost to the taxpayers.
(e) We know that early intervention in these youth mental health
cases is a key to success. The mentally ill offender crime reduction
grant program investment on the juvenile justice side is an
investment in crime prevention. The juvenile justice share of the
mentally ill offender crime reduction grants will support local
investment in proven best practices, including early diagnoses,
family and community-based treatment models, specialized mental
health courts, and other collaborative models of
intervention that have proven to be successful.
The goal, overall, is to break the link between mental illness and
crime as soon as possible using state-of-the-art assessment and
intervention strategies. Early recognition and treatment in these
cases is also critical to our goal of preventing the escalation of
youth mental health disorders into tragedies like the University of
California, Santa Barbara, shooting that occurred in 2014.
(f) Modern science tells us that children are developmentally
different from adults. This finding has been embedded in decisions of
the United States Supreme Court in recent years, placing limits on
the death penalty and other punishments imposed on children.
(g) The good news is that science and evidence-based studies point
the way to interventions that can stop the cycle of mental illness
and crime early in these young lives. The new mentally ill offender
crime reduction grants will prioritize funding for local assessments
and interventions that promise to produce better youth outcomes, to
lower youth recidivism rates, and to reduce system workloads and
costs that result from failing to address the problem.
(h) Research indicates that a continuum of responses for mentally
ill offenders that includes prevention, intervention, and
incarceration can reduce crime, jail overcrowding, and criminal
justice costs.
(i) Therefore, it is the intent of the Legislature that grants be
provided to counties that develop and implement a comprehensive,
cost-effective plan to reduce the rate of crime and offenses
committed by persons with serious mental illness and to reduce jail
overcrowding and local criminal justice costs related to mentally ill
offenders.
SEC. 32. Article 4 (commencing with Section 6045)
is added to Chapter 5 of Title 7 of Part 3 of the Penal
Code , to read:
Article 4. Mentally Ill Offender Crime Reduction Grants
6045. (a) The Board of State and Community Corrections shall
administer mentally ill offender crime reduction grants on a
competitive basis to counties that expand or establish a continuum of
timely and effective responses to reduce crime and criminal justice
costs related to mentally ill offenders. The grants administered
under this article by the board shall be divided between adult and
juvenile mentally ill offender crime reduction grants in accordance
with the funds appropriated for each type of grant. The grants shall
support prevention, intervention, supervision, and
incarceration-based services and strategies to reduce recidivism and
to improve outcomes for mentally ill juvenile and adult offenders.
(b) For purposes of this article, the following terms shall have
the following meanings:
(1) "Board" means the Board of State and Community Corrections.
(2) "Mentally ill adult offenders" means persons described in
subdivisions (b) and (c) of Section 5600.3 of the Welfare and
Institutions Code.
(3) "Mentally ill juvenile offenders" means persons described in
subdivision (a) of Section 5600.3 of the Welfare and Institutions
Code.
6045.2. (a) A county shall be eligible to apply for either an
adult mentally ill offender grant or a juvenile mentally ill offender
grant or both in accordance with all other provisions of this
article. The board shall provide a separate and competitive grant
application and award process for each of the adult and juvenile
mentally ill offender crime reduction grant categories. The board
shall endeavor to assist counties that apply for grants in both
categories in meeting any grant submission requirements that may
overlap between the two categories of grants.
(b) (1) A county that applies for an adult mentally ill offender
grant shall establish a strategy committee to design the grant
application that includes, at a minimum, the sheriff or director of
the county department of corrections in a county where the sheriff
does not administer the county jail system, who shall chair the
committee, and representatives from other local law enforcement
agencies, the chief probation officer, the county mental health
director, a superior court judge, a former offender who is or has
been a client of a mental health treatment facility, and
representatives from organizations that can provide or have provided
treatment or stabilization services for mentally ill offenders,
including treatment, housing, income or job support, and caretaking.
(2) A county that applies for a juvenile mentally ill offender
grant shall establish a strategy committee that includes, at a
minimum, the chief probation officer who shall chair the committee,
representatives from local law enforcement agencies, the county
mental health director, a superior court judge, a client or former
offender who has received juvenile mental health services, and
representatives from organizations that can provide or have provided
treatment or support services for mentally ill juvenile offenders,
including therapy, education, employment, housing, and caretaking
services.
(3) A county that applies for both types of grants may convene a
combined strategy committee that includes the sheriff or jail
administrator and the chief probation officer as cochairs of the
committee, as well as representation from the other agencies,
departments, and disciplines designated in paragraphs (1) and (2) for
both types of committees.
(c) The strategy committee shall develop and describe in its grant
application a comprehensive county plan for providing a
cost-effective continuum of responses and services for mentally ill
adult offenders or mentally ill juvenile offenders, including
prevention, intervention, and incarceration-based services, as
appropriate. The plan shall describe how the responses and services
included in the plan have been proven to be or are designed to be
effective in addressing the mental health needs of the target
offender population, while also reducing recidivism and custody
levels for mentally ill offenders in adult or juvenile detention or
correctional facilities. Strategies for prevention, intervention, and
incarceration-based services in the plan shall include, but not be
limited to, all of the following:
(1) Mental health and substance abuse treatment for mentally ill
adult offenders or mentally ill juvenile offenders who are presently
placed, incarcerated, or housed in a local adult or juvenile
detention or correctional facility or who are under supervision by
the probation department after having been released from a state or
local adult or juvenile detention or correctional facility.
(2) Prerelease, reentry, continuing, and community-based services
designed to provide long-term stability for juvenile or adult
offenders outside of the facilities of the adult or juvenile justice
systems, including services to support a stable source of income, a
safe and decent residence, and a conservator or caretaker, as needed
in appropriate cases.
(3) For mentally ill juvenile offender applications, one or more
of the following strategies that has proven to be effective or has
evidence-based support for effectiveness in the remediation of mental
health disorders and the reduction of offending: short-term and
family-based therapies, collaborative interagency service agreements,
specialized court-based assessment and disposition tracks or
programs, or other specialized mental health treatment and
intervention models for juvenile offenders that are proven or
promising from an evidence-based perspective.
(d) The plan as included in the grant application shall include
the identification of specific outcome and performance measures and
for annual reporting on grant performance and outcomes to the board
that will allow the board to evaluate, at a minimum, the
effectiveness of the strategies supported by the grant in reducing
crime, incarceration, and criminal justice costs related to mentally
ill offenders. The board shall, in the grant application process,
provide guidance to counties on the performance measures and
reporting criteria to be addressed in the application.
6045.4. (a) The application submitted by a county shall describe
a four-year plan for the programs, services, or strategies to be
provided under the grant. The board shall award grants that provide
funding for four years with the proviso that funding beyond the first
year of the plan is contingent upon annual appropriations and the
availability of funds to support mentally ill offender crime
reduction grants beyond the first funding year. Funding shall be used
to supplement, rather than supplant, funding for existing programs.
Funds may be used to fund specialized alternative custody programs
that offer appropriate mental health treatment and services.
(b) A grant shall not be awarded unless the applicant makes
available resources in accordance with the instructions of the board
in an amount equal to at least 25 percent of the amount of the grant.
Resources may include in-kind contributions from participating
agencies.
(c) In awarding grants, priority or preference shall be given to
those grant applications that include documented match funding that
exceeds 25 percent of the total grant amount.
6045.6. The board shall establish minimum requirements, funding
criteria, and procedures for awarding grants, which shall take into
consideration, but not be limited to, all of the following:
(a) The probable or potential impact of the grant on reducing the
number or percent of mentally ill adult offenders or mentally ill
juvenile offenders who are incarcerated or detained in local adult or
juvenile correctional facilities and, as relevant for juvenile
offenders, in probation out-of-home placements.
(b) Demonstrated ability to administer the program, including any
past experience in the administration of a prior mentally ill
offender crime reduction grant.
(c) Demonstrated ability to develop effective responses and to
provide effective treatment and stability for mentally ill adult
offenders or mentally ill juvenile offenders.
(d) Demonstrated ability to provide for interagency collaboration
to ensure the effective coordination and delivery of the strategies,
programs, or services described in the application.
(e) Likelihood that the program will continue to operate after
state grant funding ends, including the applicant's demonstrated
history of maximizing federal, state, local, and private funding
sources to address the needs of the grant service population.
6045.8. (a) The board shall create an evaluation design for adult
and juvenile mentally ill offender crime reduction grants that
assesses the effectiveness of the program in reducing crime, adult
and juvenile offender incarceration and placement levels, early
releases due to jail overcrowding, and local criminal and juvenile
justice costs. The evaluation design may include outcome measures
related to the service levels, treatment modes, and stability
measures for juvenile and adult offenders participating in, or
benefitting from, mentally ill offender crime reduction grant
programs or services.
(b) Commencing on October 1, 2015, and annually thereafter, the
board shall submit a report to the Legislature based on the
evaluation design, with a final report due on December 31, 2019.
(c) The reports submitted pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
(d) Pursuant to Section 10231.5 of the Government Code, this
section shall be repealed as of January 1, 2024.
6045.9. The board may use up to 5 percent of the funds
appropriated for purposes of this article to administer this program,
including technical assistance to counties and the development of
the evaluation component.
SEC. 33. Section 6141 of the Penal Code
is amended to read:
6141. The California Rehabilitation Oversight Board shall meet at
least quarterly, twice annually, and
shall regularly examine the various mental health, substance abuse,
educational, and employment programs for inmates and parolees
operated by the Department of Corrections and Rehabilitation. The
board shall report to the Governor and the Legislature
biannually, annually, on March 15 and
September 15, and may submit other reports during the year
if it finds they are necessary. The reports shall include, but are
not limited to, findings on the effectiveness of treatment efforts,
rehabilitation needs of offenders, gaps in rehabilitation services in
the department, and levels of offender participation and success in
the programs. The board shall also make recommendations to the
Governor and Legislature with respect to modifications, additions,
and eliminations of rehabilitation and treatment programs. In
performing its duties, the board shall use the work products
developed for the department as a result of the provisions of the
2006 Budget Act, including Provision 18 of Item 5225-001-0001.
SEC. 34. Section 6402 is added to the
Penal Code , to read:
6402. The Department of Corrections and Rehabilitation (CDCR)
shall develop policies related to the department's contraband
interdiction efforts for individuals entering CDCR detention
facilities. When developed, these policies shall include, but not be
limited to, the following specifications:
(a) Application to all individuals, including visitors, all
department staff, including executive staff, volunteers, and contract
employees.
(b) Use of methods to ensure that profiling is not practiced
during random searches or searches of all individuals entering the
prison at that time.
(c) Establishment of unpredictable, random search efforts and
methods that ensures that no one, except department employees
specifically designated to conduct the random search, shall have
advance notice of when a random search is scheduled.
(d) All visitors attempting to enter a CDCR detention facility
shall be informed that they may refuse to be searched by a passive
alert dog.
(e) All visitors attempting to enter a CDCR detention facility who
refuse to be searched by a passive alert dog shall be informed of
options, including, but not limited to, voluntarily aborting their
attempt to enter the detention facility.
(f) All individuals attempting to enter a CDCR detention facility,
who have a positive alert for contraband by an electronic drug
detection device, a passive alert dog, or other technology, shall be
informed of options, including, but not limited to, an unclothed body
search.
(g) Establishment of a method by which an individual may
demonstrate an authorized health-related use of a controlled
substance when a positive alert is noted by an electronic drug
detection device, a passive alert dog, or other technology.
(h) Establishment of specific requirements for additional search
options when multiple positive alerts occur on an individual employee
within a specified timeframe.
SEC. 35. Section 7050 of the Penal Code
is amended to read:
7050. (a) (1) Section 28 of Chapter 7 of the Statutes of 2007
contains an appropriation of three hundred million dollars
($300,000,000) for capital outlay to be allocated to renovate,
improve, or expand infrastructure capacity at existing prison
facilities. The funds appropriated by that section may be used for
land acquisition, environmental services, architectural programming,
engineering assessments, schematic design, preliminary plans, working
drawings, and construction.
(2) These funds may also be used to address deficiencies related
to utility systems owned by local government entities and serving
state prison facilities subject to the provisions of Section 54999 of
the Government Code. The department shall report on any funds to be
expended for this purpose to the Joint Legislative Budget Committee.
If the committee fails to take any action with respect to each
notification within 20 days after submittal, this inaction shall be
deemed to be approval for purposes of this section.
(3) These funds may also be used for the design and construction
of improvements to dental facilities at state prison facilities.
(4) These funds may also be used for the design and construction
of improvements to medication distribution facilities at state prison
facilities.
(5) These funds may also be used for the design and construction
of projects in the Health Care Facility Improvement Program at state
prison facilities.
(5)
(6) This subdivision authorizes the scope and cost of a
single capital outlay project for purposes of calculating
augmentations pursuant to Section 13332.11 or 13332.19.
(b) The scope and costs of the projects described in subdivision
(a) of this section shall be subject to approval and administrative
oversight by the State Public Works Board, including augmentations,
pursuant to Section 13332.11 or 13332.19 of the Government Code. The
availability of an augmentation for each individual project
allocation shall be based on the total applicable capital outlay
appropriation contained in Section 28 of Chapter 7 of the Statutes of
2007 and is not limited to 20 percent of the individual project
allocation. These requirements shall be applied separately to each
institution. All of the necessary infrastructure improvements at each
institution may be treated as one project such that there would be
one infrastructure improvement project at each institution. The scope
and cost of each infrastructure improvement project shall be
established by the board individually. The amount of the total
appropriation in Section 28 of Chapter 7 of the Statutes of 2007 that
is necessary for each infrastructure improvement project shall be
allocated by institution. The appropriation may be allocated based on
current estimates. These initial allocations may be adjusted
commensurate to changes that occur during the progression of the
projects. As allocations are made or adjusted, the anticipated
deficit or savings shall be continuously tracked and reported. Once
the total appropriation has been allocated, any augmentation
necessary to fund an anticipated deficit shall be based on the total
appropriation and allocated to each project as necessary. Concurrent
with the request to the board to establish each project authorized
pursuant to this section, the Department of Corrections and
Rehabilitation shall report the associated scope, cost, and schedule
information to the Joint Legislative Budget Committee.
(c) The projects authorized pursuant to this section shall be part
of the Department of Corrections and Rehabilitation's master plan,
as defined in Section 7000.
(d) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, shall apply separately to each project authorized
pursuant to this section.
SEC. 36. Section 13821 of the Penal
Code is amended to read:
13821. (a) For the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 to the
California Emergency Management Agency.
Office of Emergency Services. The Controller shall allocate
these funds on a quarterly basis beginning on October 1. These funds
shall be allocated by the Controller pursuant to a schedule provided
by the California Emergency Management Agency
Office of Emergency Services which shall be
developed according to the agency's office's
existing programmatic guidelines and the following percentages:
(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal
year.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2
percent in the 2011-12 fiscal year.
(3) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
year.
(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83 percent
in the 2011-12 fiscal year.
(5) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 3.91 percent in the 2011-12 fiscal year.
(6) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 9.06
percent in the 2011-12 fiscal year.
(b) For the 2011-12 fiscal year, the California Emergency
Management Agency Office of Emergency Services
may be reimbursed up to five hundred eleven thousand dollars
($511,000) from the funds allocated in subdivision (a) for program
administrative costs.
(c) Commencing with the 2012-13 fiscal year, subsequent to the
allocation described in subdivision (c) of Section 29552 of the
Government Code, and commencing with the 2013-14 fiscal year,
subsequent to the allocation described in subdivision (d) of Section
29552 of the Government Code, the Controller shall allocate
8.99758189 percent of the remaining amount deposited in the Enhancing
Law Enforcement Activities Subaccount in the Local Revenue Fund 2011
and shall distribute the moneys as follows:
(1) Commencing with the 2012-13 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive
47.52015636 percent and shall be allocated by the Controller
according to the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt County |1.0198% |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside County |5.6395% |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis Obispo |1.3483% |
|County | |
+--------------------+-------------+
|San Mateo |1.1224% |
|County | |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz County |0.8333% |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou County |0.3401% |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(2) Commencing with the 2013-14 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive
47.52015636 percent and shall be allocated in monthly installments by
the Controller according to the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt |1.0198% |
|County | |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside County |5.6395% |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis Obispo |1.3483% |
|County | |
+--------------------+-------------+
|San Mateo County |1.1224% |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz |0.8333% |
|County | |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou County |0.3401% |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(3) Commencing with the 2012-13 fiscal year, the Multi-Agency Gang
Enforcement Consortium shall receive 0.19545566 percent and shall be
allocated by the Controller to Fresno County.
(4) Commencing with the 2013-14 fiscal year, the Multi-Agency Gang
Enforcement Consortium shall receive 0.19545566 percent and shall be
allocated in monthly installments by the Controller to Fresno
County.
(5) Commencing with the 2012-13 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48473003 percent and shall be allocated by the Controller
according to the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(6) Commencing with the 2013-14 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48473003 percent and shall be allocated by the Controller in
monthly installments according to the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(7) Commencing with the 2012-13 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.82628879
26.82628878 percent and shall be allocated by the Controller
according to the following schedule:
+----------------------------------+--------------+
|Los Angeles County |18.25% |
+----------------------------------+--------------+
|Marin County |18.25% |
+----------------------------------+--------------+
|Marin County, for use by the | |
|Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+----------------------------------+--------------+
|Marin County, for use by the | |
|California District | |
|Attorneys Association in |1.75% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+----------------------------------+--------------+
|Sacramento County |18.25% |
+----------------------------------+--------------+
|San Diego County |18.25% |
+----------------------------------+--------------+
|Santa Clara County |18.25% |
+----------------------------------+--------------+
(8) Commencing with the 2013-14 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.82628879
26.82628878 percent and shall be allocated by the Controller in
monthly installments according to the following schedule:
+----------------------------------+--------------+
|Los Angeles County |18.25% |
+----------------------------------+--------------+
|Marin County |18.25% |
+----------------------------------+--------------+
|Marin County, for use by the | |
|Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+----------------------------------+--------------+
|Marin County, for use by the | |
|California District Attorneys |1.75% |
|Association in implementing | |
|subdivision (b) of Section 13848.4| |
+----------------------------------+--------------+
|Sacramento County |18.25% |
+----------------------------------+--------------+
|San Diego County |18.25% |
+----------------------------------+--------------+
|Santa Clara County |18.25% |
+----------------------------------+--------------+
(9) Commencing with the 2012-13 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.90911312 percent and shall be allocated by the Controller according
to the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey County |9.6775% |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(10) Commencing with the 2013-14 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.90911312 percent and shall be allocated by the Controller in
monthly installments according to the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey |9.6775% |
|County | |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(11) Commencing with the 2012-13 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06425605 percent and shall
be allocated by the Controller according to the following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare County |16.5415% |
+------------------+----------------+
(12) Commencing with the 2013-14 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06425605 percent and shall
be allocated by the Controller in monthly installments according to
the following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare County |16.5415% |
+------------------+----------------+
(d) For any of the programs described in this section, funding
will be distributed by local agencies as would otherwise have
occurred pursuant to Section 1 of Chapter 13 of the Statutes of 2011,
First Extraordinary Session.
SEC. 37. Section 13826.1 of the Penal
Code is amended to read:
13826.1. (a) There is hereby established in the Board of State
and Community Corrections, the Gang Violence Suppression Program, a
program of financial and technical assistance for district attorneys'
offices, local law enforcement agencies, county probation
departments, school districts, county offices of education, or any
consortium thereof, and community-based organizations which are
primarily engaged in the suppression of gang violence.
(b) Funds made available pursuant to this chapter are intended to
ensure the highest quality provision of services and to reduce
unnecessary duplication. Funds disbursed under this chapter shall not
supplant local funds that would, in the absence of the Gang
Violence Suppression Program, be made available to support the
activities set forth in this chapter. be used by local
agencies to supplant other funding for Public Safety Services, as
defined in Section 36 of Article XIII of the California Constitution.
Funds awarded under this program as local assistance grants
shall not be subject to review as specified in Section 10295 of the
Public Contract Code.
SEC. 38. Section 14306 of the Public
Resources Code is amended to read:
14306. To implement the provisions of this
division, the director may do all of the following:
(a) Recruit and employ enroll
corpsmembers and special corpsmembers.
(b) Adopt criteria for selecting applicants for
employment enrollment in the corps'
program. program, including criteria for individuals
convicted of a crime described in the California Uniform Controlled
Substances Act (Division 10 (commencing with Section 11000) of the
Health and Safety Code). The director shall take into account, when
adopting this criteria, the health, safety, and welfare of the public
and the corps' program participants and staff.
(c) Execute contracts containing such t
he terms and conditions as
that are deemed necessary and desirable for the
employment enrollment of corpsmembers.
(d) Authorize utilization of the corps for emergency projects
occasioned by natural disasters, fire prevention and suppression,
rescue of lost or injured persons, and any other activity or project
necessary or desirable to carry out the purposes of this division.
(e) Apply for and accept grants or contributions of funds from any
public or private source.
(f) Purchase, rent, or otherwise acquire or obtain necessary
property, supplies, instruments, tools, equipment, and conveniences.
(g) Execute contracts for furnishing the services of the corps to
any federal, state, or local public agency; any local or statewide
private organization concerned with the objectives of the corps'
program, as specified in Sections 14000 and 14300; and any person,
firm, partnership, or corporation concerned with these objectives.
(h) Procure insurance.
(i) Be reimbursed by the federal government, any state or local
public agency, or any private organization for actual expenses
incurred by the corps for any project undertaken for any such entity
pursuant to subdivision (d) or (g) or pursuant to Section 14307.
(j) To the extent permitted by Article VII of the California
Constitution, execute contracts with any person, natural or
corporate, for the purpose of implementing the objectives of the
corps, as specified in Sections 14000 and 14300.
(k) Utilize any services, material, or property of any agency of
the state, and may make such agreements with any
agency of the state or take such other actions
as that are reasonable and necessary.
( l ) Contract with public or private nonprofit
entities to provide services for the corps.
(m) Contract with the University of California, the California
State University, the community college districts, and private
institutions for the creation of special admission and tuition credit
programs for corpsmembers.
SEC. 39. Section 1955 of the Welfare
and Institutions Code is amended to read:
1955. (a) The allocation amount for each county from the Youthful
Offender Block Grant Fund for offenders subject to Sections 733,
1766, and 1767.35 shall be allocated in four equal installments, to
be paid in September, December, March, and June of each fiscal year,
until June 30, 2013. Commencing with the 2013-14 fiscal year, the
allocation amount for each county from the Youthful Offender Block
Grant Special Account established in paragraph (2) of subdivision (c)
of Section 30025 of the Government Code for offenders subject to
Sections 733, 1766, and 1767.35 shall be allocated in monthly
installments. In each fiscal year, the allocation amount shall be
determined as follows:
(1) Fifty percent based on the number of the county's juvenile
felony court dispositions, according to the most recent data
compiled by the Department of Justice, calculated as a
percentage of the state total. By July 10 of each year, the
Department of Justice shall provide to the Department of Finance the
number of juvenile felony court dispositions for each county for the
previous calendar year.
(2) Fifty percent based on the county's population of minors from
10 to 17 years of age, inclusive, according to the most recent data
published by the Department of Finance, calculated as a percentage of
the state total.
(b) Each county shall receive a minimum block grant allocation of
fifty-eight thousand five hundred dollars ($58,500) for the 2007-08
fiscal year, and a minimum block grant allocation of one hundred
seventeen thousand dollars ($117,000) for each fiscal year
thereafter.
(c) Commencing with the 2008-09 fiscal year, allocations shall be
available to counties that have met the requirements of Section 1961.
SEC. 40. Section 1981 of the Welfare
and Institutions Code is amended to read:
1981. (a) There is hereby established a Juvenile Reentry Fund.
Moneys allocated for local supervision of persons discharged from the
custody of the Division of Juvenile Facilities authorized in
Sections 1983 and 1984 shall be deposited into this fund from the
General Fund. Any moneys deposited into this fund shall be
administered by the Controller and the share calculated for each
county probation department shall be transferred to its Juvenile
Reentry Fund authorized in subdivision (b).
(b) Each county is hereby authorized to establish in each county
treasury a Juvenile Reentry Fund to receive all amounts allocated to
that county probation department for purposes of implementing this
chapter.
(c) Allocations from the Juvenile Reentry Fund shall be expended
exclusively to address local program needs for persons discharged
from the custody of the Division of Juvenile Facilities. County
probation departments, in expending the Juvenile Reentry Grant
allocation, shall provide evidence-based supervision and detention
practices and rehabilitative services to persons who are subject to
the jurisdiction of the juvenile court who were committed to and
discharged from the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities. "Evidence-based" refers to
supervision and detention policies, procedures, programs, and
practices demonstrated by scientific research to reduce recidivism
among individuals on probation or under postrelease supervision.
(d) Funds allocated pursuant to subdivision (c) shall
supplement existing services and shall not be used to supplant any
existing funding by local agencies for existing services provided by
that entity. not be used by local agencies to supplant
other funding for Public Safety Services, as defined in Section 36
of Article XIII of the California Constitution.
(e) The funding provided under this chapter is intended to provide
payment in full for all local government costs of the supervision,
programming, education, incarceration or any other cost resulting
from persons discharged from custody or held in local facilities
pursuant to the provisions of this act.
SEC. 41. Section 1984 of the Welfare and
Institutions Code is amended to read:
1984. (a) The amount allocated to each county probation
department from the Juvenile Reentry Grant shall be distributed in
two equal payments to be paid on October 30 and May 30 of each fiscal
year, until June 30, 2013. Commencing with the 2013-14 fiscal year,
the amount allocated to each county probation department from the
Juvenile Reentry Grant Special Account established in paragraph (2)
of subdivision (c) of Section 30025 of the Government Code shall be
allocated in monthly installments. In each fiscal year the amount
allocated to each county probation department from the Juvenile
Reentry Grant Special Account shall be distributed pursuant to the
criteria set forth in subdivisions (b) to (g),
(h), inclusive, of this section.
(b) Consistent with Sections 1766 and 1766.01,
Section 1766, funds shall be allocated in the amount of
fifteen thousand dollars ($15,000) on an average daily population
basis per ward discharged to the jurisdiction of the court and
ordered by the court to be supervised by local county probation for
monitoring and services during the previous fiscal year based on the
actual number of discharged wards supervised at the local level. For
each discharged ward, this funding shall be provided for 24 months.
(c) Consistent with Sections 208.5, 1767.35, and 1767.36,
208.5 and 1767.35, funds shall be allocated in
the amount of one hundred fifteen thousand dollars ($115,000) on an
average daily population basis per discharged ward transferred to a
local juvenile facility for violating a condition of court-ordered
supervision during the previous fiscal year based on the actual
number of discharged wards housed in a local juvenile detention
facility or court-ordered placement facility where the costs of the
housing is not reimbursable to the county through Title IV-E of the
federal Social Security Act, or Medi-Cal. For each discharged ward,
this funding shall be provided for the actual number of months the
ward is housed in a facility up to 12 months. This funding shall not
be provided for wards housed in a jail under any circumstances.
(d) Consistent with Section 731.1, funds shall be allocated in the
amount of fifteen thousand dollars ($15,000) on an average daily
population basis per parolee recalled by the county of commitment for
monitoring and services during the previous fiscal year based on the
actual number of parolees recalled. For each recalled parolee, this
funding shall be provided for the remaining duration of the term of
state supervision, not to exceed 24 months.
(e) Consistent with Sections 1766 and 1766.01,
Section 1766, funds shall be allocated in the amount of
fifteen thousand dollars ($15,000) on an average daily population
basis per discharged ward transferred to the county of commitment for
monitoring and services during the previous fiscal year based on the
actual number of wards
transferred. For each ward transferred on and after July 1, 2014,
this funding shall be provided for the remaining duration of the term
of juvenile court jurisdiction, not to exceed 24 months.
(f) Consistent with Sections 208.5, 1767.35, and 1767.36,
208.5 and 1767.35, no additional funding,
beyond the initial fifteen thousand dollars ($15,000) provided
pursuant to subdivision (b) shall be allocated to counties for
discharged wards who are housed in county jail or in any other county
correctional facility for violating a condition of court-ordered
supervision during the previous fiscal year.
(g) Consistent with Sections 208.5, 1767.35, and 1767.36,
208.5 and 1767.35, no additional funding,
beyond the initial fifteen thousand dollars ($15,000) provided
pursuant to subdivision (b) shall be allocated to counties for
discharged wards who are housed in a state juvenile facility for
violating a condition of court-ordered supervision during the
previous fiscal year.
(h) In each fiscal year, consistent with subdivision (b) of
Section 30029.11 of the Government Code, the Department of Finance
shall use the criteria outlined in subdivisions (b) to (g),
inclusive, to determine each county's allocation as a percentage of
the funds deposited in the Juvenile Reentry Grant Special Account.
Actual allocations provided to counties pursuant to subdivisions (b)
to (g), inclusive, shall vary based on the amount of funds deposited
in the Juvenile Reentry Grant Special Account pursuant to subdivision
(b) of Section 30028.1 of the Government Code.
SEC. 42. Section 4023.5 is added to the
Welfare and Institutions Code , to read:
4023.5. (a) The Secretary of California Health and Human Services
shall, no later than January 10, 2015, provide to the fiscal and
appropriate policy committees of the Legislature a report, together
with specific and detailed recommendations, reviewing and evaluating
best practices and strategies, including independent oversight, for
effectively and sustainably addressing the employee discipline
process, criminal and major incident investigations, and the use of
force within state hospitals and psychiatric programs run by the
State Department of State Hospitals. The secretary may consult with
the Department of the California Highway Patrol, the Department of
Corrections and Rehabilitation, the Office of the Inspector General,
and any other resource identified by the secretary as valuable to the
analysis. It is the intent of the Legislature that the report and
recommendations reflect a critical and pragmatic analysis of the
department's current practices and policies, and include meaningful
recommendations describing how current practices and policies should
be revised and reformed to assure safety and accountability in the
state hospital system.
(b) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2019.
SEC. 43. Section 7228 of the Welfare
and Institutions Code is amended to read:
7228. Prior to admission to the Napa State Hospital or
the Metropolitan State Hospital, admission, the
State Department of State Hospitals shall evaluate each patient
committed pursuant to Section 1026 or 1370 of the Penal Code.
Code to determine the placement of the patient to the
appropriate state hospital. The State Department of State
Hospitals shall utilize the documents provided pursuant to
subdivision (e) of Section 1026 of the Penal Code and paragraph (2)
of subdivision (b) of Section 1370 of the Penal Code to
make the appropriate placement. A patient determined to be a
high security risk shall be treated in the department's most secure
facilities. facilities pursuant to Section
7230. A Penal Code patient not needing this level of security
shall be treated as near to the patient's community as possible if an
appropriate treatment program is available.
SEC. 44. Section 7234 is added to the
Welfare and Institutions Code , to read:
7234. (a) (1) A Patient Management Unit (PMU) shall be
established within the State Department of State Hospitals to
facilitate patient movement across all facilities under its
jurisdiction and any psychiatric programs operated by the State
Department of State Hospitals pursuant to a memorandum of
understanding with the Department of Corrections and Rehabilitation.
(2) The PMU's responsibilities shall include, but not be limited
to, oversight and centralized management of patient admissions, and
collection of data for reports and patient population projections.
(b) The State Department of State Hospitals shall adopt
regulations, consistent with this article, concerning policies and
procedures to be implemented by the PMU, including, but not limited
to, both of the following:
(1) Policies and procedures for patient referral to the State
Department of State Hospitals.
(2) Screening criteria that ensures that patients are placed in a
state hospital or psychiatric program closest to their county of
residence in the absence of a compelling reason to place the patient
in another facility. Compelling reasons may include, but not be
limited to, the patient's specialized psychiatric, medical, or safety
needs, and the availability of beds for his or her commitment type.
(c) The Director of State Hospitals may adopt emergency
regulations in accordance with the Administrative Procedures Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) to implement this section. The
adoption of an emergency regulation under this paragraph is deemed to
address an emergency, for purposes of Sections 11346.1 and 11349.6
of the Government Code, and the Director of State Hospitals is hereby
exempted for this purpose from the requirements of subdivision (b)
of Section 11346.1 of the Government Code.
SEC. 45. Section 11251.3 of the Welfare
and Institutions Code , as added by Section 1 of Chapter
283 of the Statutes of 1997, is amended to read:
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony and that has as an
element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance Act
(21 U.S.C. Sec. 802(6)).
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
(c) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 46. Section 11251.3 of the Welfare
and Institutions Code , as added by Section 1 of Chapter
284 of the Statutes of 1997, is amended to read:
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety Code.
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
(c) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 47. Section 11251.3 is added to the
Welfare and Institutions Code , to read:
11251.3. (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
individual convicted as an adult in state or federal court after
December 31, 1997, including any plea of nolo contendere, of any
offense classified as a felony that has as an element the possession,
use, or distribution of a controlled substance, as defined in
Section 102(6) of the federal Controlled Substances Act (21 U.S.C.
Sec. 802(6)) or Division 10 (commencing with Section 11000) of the
Health and Safety Code, shall be eligible to receive CalWORKs
benefits under this section.
(b) As a condition of eligibility for CalWORKs pursuant to
subdivision (a), an applicant or recipient described in subdivision
(a) who is on probation or parole shall comply with the terms of the
probation or parole, including participation in a
government-recognized drug treatment program, if required. If the
county human services agency receives verification that the
individual is ineligible pursuant to subdivision (a) of Section
11486.5, the individual shall be ineligible for CalWORKs benefits
under this section until he or she is no longer in violation of
probation or parole or a fleeing felon. Verification shall be
obtained using existing county human services agency protocols to
determine eligibility.
(c) This section shall become operative on April 1, 2015.
SEC. 48. Section 17012.5 of the Welfare
and Institutions Code is amended to read:
17012.5. (a) An individual ineligible for
aid under Chapter 2 (commencing with Section 11200) of Part 3
pursuant to Section 11251.3, who is a member of an assistance unit
receiving aid under that chapter, shall also be ineligible for
non-health-care benefits under this part.
(b) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 49. Section 18901.3 of the Welfare
and Institutions Code is amended to read:
18901.3. (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A
convicted drug felon shall be eligible to receive CalFresh benefits
under this section.
(b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or processing
marijuana or any part thereof pursuant to Section 11358 of the Health
and Safety Code.
(c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
(d) As a condition of eligibility to receive CalFresh benefits
pursuant to subdivision (a), an applicant convicted of a felony drug
offense that is not excluded under subdivision (b) or (c) shall be
required to provide proof of one of the following subsequent to the
most recent drug-related conviction:
(1) Completion of a government-recognized drug treatment program.
(2) Participation in a government-recognized drug treatment
program.
(3) Enrollment in a government-recognized drug treatment program.
(4) Placement on a waiting list for a government-recognized drug
treatment program.
(5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through an all-county letter or similar instructions from the
director no later than January 1, 2005.
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2005. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act.
The adoption of emergency regulations shall be deemed to be an
emergency and necessary for immediate preservation of the public
peace, health and safety, or general welfare. The emergency
regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
(g) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 50. Section 18901.3 is added to the
Welfare and Institutions Code , to read:
18901.3. (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). An
individual convicted as an adult in state or federal court after
December 31, 1997, including any plea of guilty or nolo contendere,
of any offense classified as a felony that has as an element the
possession, use, or distribution of a controlled substance, as
defined in Section 102(6) of the federal Controlled Substances Act
(21 U.S.C. Sec. 802(6)) or Division 10 (commencing with Section
11000) of the Health and Safety Code, shall be eligible to receive
CalFresh benefits as provided for under this section.
(b) As a condition of eligibility to receive CalFresh benefits
pursuant to subdivision (a), an applicant or recipient described in
subdivision (a) who is on probation or parole shall comply with the
terms of the probation or parole, including participation in a
government-recognized drug treatment program, if required. If the
county human services agency receives verification that the
individual is in violation of probation or parole or that the
individual is a fleeing felon pursuant to federal law, the individual
shall be ineligible for CalFresh benefits under this section until
the person is no longer in violation of probation or parole or a
fleeing felon pursuant to federal law. Verification shall be obtained
using existing county human services agency protocols to determine
eligibility.
(c) This section shall become operative on April 1, 2015.
SEC. 51. Notwithstanding the rulemaking provisions
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), until January 1, 2016, the department may implement and
administer Sections 40 to 46, inclusive, of this act by all-county
letters or similar instructions. The all-county letters or similar
instructions shall be developed in c onsultation with the
Chief Probation Officers of California, the County Welfare Directors
Association of California, and client advocates. The department shall
adopt regulations implementing Sections 40 to 46,
inclusive, of this act by January 1, 2016.
SEC. 52. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 53. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2014.