Amended  IN  Senate  September 14, 2017
Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  May 09, 2017
Amended  IN  Assembly  February 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3

Introduced by Assembly Member Bonta
(Coauthors: Assembly Members Chiu, Eggman, Cristina Garcia, Levine, and Rendon)(Coauthors: Senators Allen, De León, and Hueso)

December 05, 2016

An act to add Chapter 5.7 (commencing with Section 13500) to Part 3 of Division 9 of the Welfare and Institutions Code, relating to immigration. An act to amend Sections 853.6, 978.5, and 4024.1 of, to add Sections 490.4, 490.55, 786.5, and 1210.6 to, and to add Chapter 2.9D (commencing with Section 1001.81) to Title 6 of Part 2 of, the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 3, as amended, Bonta. Public defenders: legal counsel: immigration consequences: grants. Crimes: repeat offenders and recidivism reduction.
Under existing law, grand theft is the theft of anything of a value exceeding $950, with exceptions, and is punished as either a misdemeanor or a felony. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950.
This bill would make it a crime for a person to, on more than one occasion within any 180-day period, acting in concert with 2 or more other persons, receive, purchase, or possess merchandise knowing or believing it to have been stolen from a merchant’s premises, if the aggregated value of such merchandise received, purchased, or possessed over the 180-day period exceeds $1,500. The bill would make this crime punishable as a misdemeanor or a felony.
Existing law authorizes a merchant to detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises. Existing law authorizes the merchant to request the person to voluntarily surrender the item. Existing law authorizes the merchant to conduct a limited and reasonable search of that merchandise pursuant to certain restrictions. Upon surrender or discovery of the item, existing law authorizes the person detained to be requested, but not to be required, to provide adequate proof of his or her true identity.
This bill would provide that no law precludes a merchant, directly or through an independent educational provider, from offering a person suspected of theft involving merchandise that is taken from the merchant’s premises an opportunity to complete a precomplaint education program in lieu of making or filing a report of theft with a law enforcement agency, from informing the person of relevant criminal and civil remedies available to the state and the merchant, or from reducing or waiving the program fee based on the person’s ability to pay.
Existing law establishes the proper jurisdictions of a criminal action for burglary, carjacking, robbery, theft, or embezzlement when property taken in one jurisdictional territory is brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, as any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory.
This bill would additionally establish the jurisdiction of a criminal action for theft or other specified crimes as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which any such merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses.
Existing law requires a peace officer, upon arresting a person for a misdemeanor offense, to issue him or her a notice to appear in court and to release the person, unless the individual demands to be taken before a magistrate. Existing law permits a peace officer to not release a person if, among other reasons, there were one or more outstanding arrest warrants for the person, there is reason to believe that the person would not appear at the time and place specified in the notice, or there is a reasonable likelihood that the offense or offenses would continue or resume.
This bill would permit a peace officer to not release a person if there are unresolved failures to appear in court on previous misdemeanor citations. The bill would additionally permit a peace officer to not release a person if he or she has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle 2 or more times in the last 180 days. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.
Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, as specified.
This bill would authorize the issuance of a bench warrant when a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges 3 or more times in the last 6 months.
Existing law authorizes a court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, to postpone prosecution of a misdemeanor and place the defendant in a pretrial diversion program or a deferred entry of judgment program under specified situations.
This bill would authorize a city or county prosecuting attorney or a county probation department to create a diversion or deferred entry of judgment program for persons who commit repeat theft offenses, as specified. Under a program, the prosecuting attorney would be required to refrain from or defer prosecution on the offense or offenses if the person completes program requirements such as community service, and makes adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen.
Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.
This bill would additionally require the board to, upon appropriation by the Legislature, award funding for a grant program to 4 or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers through the use of risk assessments at sentencing and formal probation.
Existing law allows, after being authorized by a court and when the actual inmate count exceeds the actual bed capacity of a county or city jail, the sheriff or chief of police to accelerate the release, discharge, or expiration of sentence date of sentenced inmates up to a maximum of 30 days. Existing law requires that inmates closest to their normal release, discharge, or expiration of sentence to be given accelerated release priority.
This bill would authorize the sheriff, chief of police, or other person responsible for the county or city jail to consider the risk to public safety posed by the inmate, as specified, in determining whether to grant the inmate accelerated release.
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.

Existing law designates the State Department of Social Services as the single agency with full power to supervise every phase of the administration of public social services, except health care services and medical assistance. Existing law requires the department, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law also requires a court, prior to accepting a guilty or nolo contendere plea, to advise a defendant that, if the defendant is not a citizen, conviction of the charged offense may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization, as specified.

This bill would require the department to issue requests for proposal and issue grants to qualified legal services projects or qualified support centers that meet specified requirements, for the provision of legal training, written materials, mentoring, and technical assistance to county offices of the public defender in this state and attorneys contracted by counties to provide indigent criminal defense on issues relating to the immigration consequences of criminal convictions and obtaining relief for prior invalid convictions for noncitizen defendants.

This bill would additionally require the department to issue requests for proposal and issue grants to qualified legal services projects and qualified support centers for the purpose of administering funding or partnering with county offices of the public defender for those offices to hire or designate one or more attorneys who will be mentored and trained by attorneys at the qualified legal services project and qualified support centers. The bill would require the designated attorneys to be mentored or trained to advise defenders on the immigration consequences of criminal convictions for noncitizen clients and how to obtain relief for prior invalid convictions for these clients.

This bill would make implementation of its provisions subject to the enactment of an appropriation for that purpose.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) (1) Best practices in reducing offender recidivism incorporate the use of objective risk and needs assessment instruments to evaluate the risk offenders pose to continue engaging in criminal activity, and to identify individually tailored responses, programs, or sanctions that can achieve behavior change.
(2) Evaluating risk can help law enforcement and criminal justice practitioners make determinations such as whether to detain or cite and release offenders at the point of contact, whether to detain or release individuals in local jails, and whether to issue formal or informal probation requirements.
(3) Historically, in California, risk assessment has been underutilized in responding to nonviolent chronic and repeat crimes, such as repeat theft from stores or vehicles, either as misdemeanors or felonies.
(4) Risk assessment is an important tool to focus law enforcement, criminal justice, and behavioral change programs on individuals engaged in chronic and repeat theft crimes.
(b) (1) Reducing recidivism and preventing recurring criminal behavior have been, and should continue to be, key goals of the state’s criminal justice policy.
(2) Programs exist to provide educational opportunities to low-risk offenders who engage in retail theft, or shoplifting.
(3) Opportunities to reduce recidivism through alternatives to arrest and prosecution should be considered, as they reduce burdens on law enforcement agencies and courts.
(4) These programs offer a second chance for low-risk offenders. By keeping these persons out of the criminal justice system, these programs give them a chance to address their mistake, teach valuable skills and habits designed to prevent reoffense, and limit the resources expended by law enforcement and courts.
(5) These programs have produced demonstrable positive outcomes, including thousands of low-risk offenders avoiding prosecution, very low recidivism rates, reductions in calls for service to law enforcement, and decreased retail loss.
(6) While not precluded by any particular statute, it is appropriate to clarify that these types of educational programs, designed to give offenders a second chance and to reduce recidivism, are permitted under current law.

SEC. 2.

 Section 490.4 is added to the Penal Code, to read:

490.4.
 (a) Any person who, on more than one occasion within any 180-day period, acting in concert with two or more other persons, receives, purchases, or possesses merchandise knowing or believing it to have been stolen from a merchant’s premises, and the aggregated value of such merchandise received, purchased, or possessed over the 180-day period exceeds one thousand five hundred dollars ($1,500), shall be punished by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(b) Nothing in this section shall preclude prosecution under any other law.

SEC. 3.

 Section 490.55 is added to the Penal Code, immediately following Section 490.5, to read:

490.55.
 (a) Nothing in this chapter or any other law precludes a merchant, whether directly or through an independent educational provider, from doing any of the following, including while a person suspected of theft involving merchandise is detained by the merchant:
(1) Offering a person suspected of theft involving merchandise that is taken from the merchant’s premises an opportunity to complete a precomplaint education program in lieu of making or filing a report of theft with a law enforcement agency.
(2) Informing the person described in paragraph (1) of relevant criminal and civil remedies available to the state and the merchant.
(3) Reducing or waiving the fee for the precomplaint education program based on the person’s ability to pay.
(b) For purposes of this section, the following definitions apply:
(1) “Merchant” has the same meaning as provided in subdivision (g) of Section 490.5.
(2) “Merchandise” has the same meaning as provided in subdivision (g) of Section 490.5.

SEC. 4.

 Section 786.5 is added to the Penal Code, to read:

786.5.
 The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or Section 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which any such merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or Section 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or Section 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or Section 496.

SEC. 5.

 Section 853.6 of the Penal Code is amended to read:

853.6.
 (a) (1) In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2) In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3) This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D) Section 646.9.
(4) Nothing in this subdivision shall be construed to affect a defendant’s ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction.
(2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f) No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g) The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the person’s court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h) A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i) Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one or more of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2) The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3) The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants or failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
(5) The person could not provide satisfactory evidence of personal identification.
(6) The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9) There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated. An arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice.
(10) The person was subject to Section 1270.1.
(11) The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the last 180 days.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j) Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l) For purposes of this section, the term “arresting agency” includes any other agency designated by the arresting agency to provide booking or fingerprinting services.

SEC. 6.

 Section 978.5 of the Penal Code is amended to read:

978.5.
 (a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3) If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(7) If a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges three or more times in the last six months.
(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.

SEC. 7.

 Chapter 2.9D (commencing with Section 1001.81) is added to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER  2.9D. Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program

1001.81.
 (a) The city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit repeat theft offenses. The program may be conducted by the prosecuting attorney’s office or the county probation department or by a private entity under contract with the prosecuting attorney or county probation department or another local public agency.
(b) Except as provided in subdivision (e), this chapter does not limit the power of the prosecuting attorney to prosecute repeat theft.
(c) If a county creates a diversion or deferred entry of judgment program for individuals committing repeat theft crimes as defined in subdivision (a), on receipt of a case or at arraignment, the prosecuting attorney shall either refer the case to the county probation department to conduct a prefiling investigation report to assess the appropriateness of program placement or, if the prosecuting attorney’s office operates the program, determine if the case is one that is appropriate to be referred to the program. In determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors:
(1) Any prefiling investigation report conducted by the county probation department or nonprofit contract agency operating the program that evaluates the individual’s risk and needs and the appropriateness of program placement.
(2) If the person demonstrates a willingness to engage in community service, restitution, or other mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of the criminal activity.
(3) If a risk and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program.
(4) If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program.
(5) Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses.
(d) On referral of a case to the program, a notice shall be provided to or forwarded by mail to the person alleged to have committed the offense with all of the following information:
(1) The date by which the person must contact the diversion program or deferred entry of judgment program in the manner designated by the supervising agency.
(2) A statement of the penalty for the offense or offenses with which that person has been charged.
(e) The prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions:
(1) Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney.
(2) Making adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.
(f) For the purposes of this section, “repeat theft offenses” means being cited or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the last 180 days and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction.

SEC. 8.

 Section 1210.6 is added to the Penal Code, to read:

1210.6.
 (a) (1) Upon appropriation by the Legislature, the Board of State and Community Corrections shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.
(2) The demonstration projects shall use risk assessments at sentencing when a misdemeanor conviction results in a term of probation to identify high-risk misdemeanants and to place these misdemeanants on formal probation that combines supervision with individually tailored programs, graduated sanctions, or incentives that address behavioral or treatment needs to achieve rehabilitation and successful completion of probation. The formal probation program may include incentives such as shortening probation terms as probationers complete the individually tailored program or probation requirements.
(3) The demonstration projects shall evaluate the probation completion and recidivism rates for project participants and may compare them to control groups to evaluate program efficacy. The Board of State and Community Corrections shall determine criteria for awarding the grants on a competitive basis that shall take into consideration the ability of a county to conduct a formal misdemeanor probation project for high-risk misdemeanor probationers, including components that align with evidence-based practices in reducing recidivism, including, but not limited to, risk and needs assessment, programming to help with drug or alcohol abuse, mental illness, or housing, and the support of the superior court if the application is from a county probation department.
(b) The Board of State and Community Corrections shall develop reporting requirements for each county receiving a grant to report to the board the results of the demonstration project. The reports may include, but are not limited to, the use of risk assessment, the formal probation program components, the number of individuals who were placed on formal probation, the number of individuals who were placed on informal probation, and the number of individuals in each group who were subsequently convicted of a new offense.
(c) (1) The Board of State and Community Corrections shall prepare a report analyzing the effectiveness of the demonstration projects based on the reports received from county grant recipients and any other relevant information. The report shall include a recommendation, if appropriate, as to the efficacy of expanding risk-based formal probation practices for higher risk misdemeanants. The report shall be completed and distributed to the Legislature and county criminal justice officials two years after an appropriation by the Legislature for this section.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 9.

 Section 4024.1 of the Penal Code is amended to read:

4024.1.
 (a) The sheriff, chief of police, or any other person responsible for a county or city jail may apply to the presiding judge of the superior court to receive general authorization for a period of 30 days to release inmates pursuant to the provisions of this section.
(b) Whenever, after being authorized by a court pursuant to subdivision (a), the actual inmate count exceeds the actual bed capacity of a county or city jail, the sheriff, chief of police, or other person responsible for such county or city jail may accelerate the release, discharge, or expiration of sentence date of sentenced inmates up to a maximum of 30 days.
(c) The total number of inmates released pursuant to this section shall not exceed a number necessary to balance the inmate count and actual bed capacity.
(d) Inmates closest to their normal release, discharge, or expiration of sentence date shall be given accelerated release priority. In deciding whether to grant an inmate release, the sheriff, chief of police, or other person responsible for the jail may consider the risk to public safety posed by the inmate, including the potential danger to other persons, as determined through a review of the person’s previous criminal convictions or probation modifications or revocations, the outcomes of risk and needs assessment and objectively verifiable facts regarding the inmate’s criminal affiliations, and whether the inmate has a recent history of repeat prior misdemeanor or felony convictions, including convictions or citations and failures to appear on those citations for misdemeanor or felony theft from a store or from a vehicle two or more times in the last 180 days.
(e) The number of days that release, discharge, or expiration of sentence is accelerated shall in no case exceed 10 percent of the particular inmate’s original sentence, prior to the application thereto of any other credits or benefits authorized by law.

SEC. 10.

  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.
SECTION 1.

The Legislature finds and declares all of the following:

(a)The immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that recently 50,000 parents of children who are United States citizens in California were deported in a period of a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return.

(b)Avoiding deportations also would result in significant budget savings associated with the economic and social disruptions caused by deportation, which can include the following: the loss of a family’s primary wage earner, which can make the family more reliant on the social services safety net and public health insurance programs; the lost tax revenue from the deported worker; the placement of children in foster care; the loss of the family home to foreclosure; and disruption in children’s school attendance.

(c)In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment to the United States Constitution requires defense counsel to advise noncitizen defendants regarding the potential immigration consequences of their criminal cases. California courts have long held that defense counsel must investigate and advise regarding the immigration consequences of the available depositions, and should, when consistent with the goals of and informed consent of the defendant, and as consistent with professional standards, defend against adverse immigration consequences (People v. Soriano, 194 Cal.App.3d 1470 (1987), People v. Barocio, 216 Cal.App.3d 99 (1989), People v. Bautista, 115 Cal.App.4th 229 (2004)). In 2015, California enacted Assembly Bill 1343 (Thurmond), adding Sections 1016.2 and 1016.3 to the Penal Code, which codified the holding of Padilla v. Kentucky and the holdings of the California court decisions that defense counsel must provide a noncitizen defendant with affirmative and competent advice on the immigration consequences of a proposed disposition and, when appropriate, defend against those consequences.

(d)Providing accurate advice to noncitizen defendants on immigration consequences at the time of plea will result in significant budget savings by unclogging the criminal courts. Currently, defenders without adequate resources must seek frequent continuances, as they seek to obtain an analysis. Moreover, desperate immigrants who were not adequately advised at plea, and who only later discover that the plea is a basis for deportation and permanent separation from family, are returning to California courts with time-consuming motions to overturn their convictions based upon this failure and to replead their cases. They are within their rights. On March 27, 2017, the California Supreme Court reaffirmed that defense counsel’s failure to provide accurate advice on the immigration consequences of a proposed plea is a basis to vacate the conviction (People v. Patterson, 2 Cal.5th 885). In the last two years, California voters and the Legislature have passed laws that provide efficient vehicles to eliminate convictions that were legally invalid due to lack of information about immigration consequences, including subdivision (b) of Section 18.5 of the Penal Code, and Sections 1203.43 and 1473.7 of the Penal Code. By providing resources to defenders, the Legislature will enable public defenders, who are government employees, to meet the Sixth Amendment requirements set out in cases such as Padilla and Patterson, and it will stem the flow of postconviction relief cases coming back to the courts.

(e)With an accurate understanding of immigration consequences, many noncitizen defendants are able to plead to a conviction and sentence that satisfy the prosecution and court but that have no, or fewer, adverse immigration consequences than the original charge.

(f)Providing defense counsel with access to individual consultation, written resources, and training on immigration-related matters will ensure that the counsel’s clients receive equal treatment under the law and are properly advised of the immigration consequences of their cases and can make informed choices.

(g)Defendants who are misadvised or not advised at all of the immigration consequences of criminal charges often suffer irreparable damage to their current or potential lawful immigration status, resulting in penalties such as mandatory detention, deportation, and permanent separation from close family.

(h)Once in removal proceedings, a noncitizen may be transferred to immigration detention facilities across the country. Many criminal offenses trigger mandatory detention, so that the person may not request bond. In immigration proceedings, there is no court-appointed right to counsel, and the majority of detained immigrants go unrepresented. Immigration judges often lack the power to consider whether the person should remain in the United States in light of equitable factors such as serious hardship to United States citizen family members, length of time living in the United States, or rehabilitation.

SEC. 2.Chapter 5.7 (commencing with Section 13500) is added to Part 3 of Division 9 of the Welfare and Institutions Code, to read:
5.7.Funding for Immigration Counsel for Defense Counsel
13500.

For purposes of this chapter, both of the following definitions shall apply:

(a)“Qualified legal services project” has the same meaning as that term is defined in subdivision (a) of Section 6213 of the Business and Professions Code.

(b)“Qualified support center” has the same meaning as that term is defined in subdivision (b) of Section 6213 of the Business and Professions Code.

13501.

(a)The department shall issue requests for proposals and issue grants to qualified legal services projects and qualified support centers for provision of legal training, written materials, mentoring, and technical assistance to county offices of the public defender in this state and attorneys contracted by counties to provide indigent criminal defense in this state on issues relating to the immigration consequences of criminal convictions and obtaining relief for prior invalid convictions for noncitizen defendants.

(b)The department shall issue requests for proposals and issue grants to qualified legal services projects and qualified support centers for the purpose of administering funding or partnering with county offices of the public defender for those offices to hire or designate one or more attorneys who will be mentored and trained by attorneys at the qualified legal services projects and qualified support centers. These designated attorneys shall be mentored or trained to advise defenders on the immigration consequences of criminal convictions for noncitizen clients and how to obtain relief for prior invalid convictions for these clients.

(c)Grant proposals funded through this program shall be funded for a period of two years.

13502.

Any grants awarded pursuant to subdivision (a) of Section 13501 shall only be made to a qualified legal services project or qualified support center that meets all of the following requirements:

(a)Has staff with a sufficient level of experience, as determined by the department, in providing expert training, technical assistance, and written materials regarding the immigration consequences of criminal convictions to criminal defense attorneys.

(b)Agrees to provide reporting, monitoring, or audits of services provided, as determined by the department. Grantees shall not be required to disclose information that is protected by attorney-client privilege.

(c)Agrees to meet standards determined by the department relating to continuing legal education on the immigration consequences of criminal convictions and active participation in the statewide collaborative on this issue.

(d)Agrees to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from any legal services provided through the grants funded pursuant to this chapter.

13503.

An application for grants awarded pursuant to subdivision (b) of Section 13501 shall do all of the following:

(a)Designate qualified staff to oversee the administration of funding or mentorship of defenders from county public defender offices on issues related to the immigration consequences of criminal convictions for noncitizen clients and how to obtain relief for prior invalid convictions for those clients.

(b)Explain the specific purpose of the grant funds, including funding for the provision of hiring attorneys who will participate in mentoring and training by attorneys from the qualified legal service providers or qualified support center.

(c)Agree to provide reporting, monitoring, or audits of services provided, as determined by the department. Grantees shall not be required to disclose information protected by attorney-client privilege.

(d)Agree to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from any legal services provided through the grants funded pursuant to this chapter.

13504.

Implementation of this chapter shall be subject to the enactment of an appropriation for that purpose in the Budget Act or another statute.

13505.

The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.