Bill Text: CA SB359 | 2023-2024 | Regular Session | Amended

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Bill Title: Automobile dismantling: enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-01 - Re-referred to Com. on RLS. [SB359 Detail]

Download: California-2023-SB359-Amended.html

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Amended  IN  Assembly  March 12, 2024

Amended  IN  Assembly  June 19, 2023

Amended  IN  Senate  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 359

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Introduced by Senator Umberg

February 08, 2023

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An act to add Section 2940 to the Penal Code, relating to prisons. amend Section 11545 of the Vehicle Code, relating to vehicle dismantling.

LEGISLATIVE COUNSEL'S DIGEST

SB 359, as amended, Umberg. Prisons: credits: recidivism report. Automobile dismantling: enforcement.

Existing law requires the Department of Motor Vehicles to collaborate with the California Department of Tax and Fee Administration, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts. Existing law requires the department, in consultation with those agencies, on or before January 1, 2024, to submit a related report to the Legislature, including specified information. Existing law would repeal these provisions on January 1, 2025.

This bill would instead require the above-described report to be submitted on or before January 1, 2027, and would repeal the above-described provisions on January 1, 2028.

Existing law prescribes incarceration in the state prison as punishment for certain crimes. Existing constitutional provisions, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorize the Department of Corrections and Rehabilitation to award credits to prisoners that are earned for good behavior and approved rehabilitative or educational achievements.

This bill would require the department to compile data regarding the relationship between the awarding of credits and the recidivism rates of inmates who were awarded credits for good behavior and approved rehabilitative or educational achievements and to submit an annual report to the Legislature commencing on or before January 1, 2025. The bill would require that report to include, among other things, an analysis of the difference between the recidivism rates of inmates who do and do not participate in rehabilitative programming during their incarceration and who do and do not receive post-release support.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 11545 of the Vehicle Code is amended to read:

11545.

 (a) The department shall collaborate with the California Department of Tax and Fee Administration, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts.

(b) The department, along with the agencies listed in subdivision (a), may collaborate with and solicit information from district attorneys, certified unified program agencies, code enforcement agencies, and any other federal, state, or local agencies with jurisdictions over unlicensed and unregulated automobile dismantlers to achieve the purposes of this section.

(c) (1) On or before January 1, 2024, January 1, 2027, the department, in collaboration with the agencies listed in subdivision (a), shall submit a report to the Legislature including, but not limited to, the following:

(A) The number of unlicensed automobile dismantlers investigated and the number of investigations that resulted in an administrative enforcement action, a civil enforcement action, criminal prosecution, or compliance assistance activity.

(B) The number of unlicensed automobile dismantlers investigated and the number of investigations that resulted in an enforcement action for theft of a catalytic converter or purchase, receipt, possession, or sale of a stolen catalytic convertor.

(C) The number of locations used for unlicensed automobile dismantling that were determined to be a public nuisance and the number of actions taken to enjoin, abate, or prevent the illegal activity from continuing.

(D) Progress made to bring unlicensed automobile dismantlers into compliance through the adoption and implementation of the recommendations from the January 21, 2020, report submitted to the Legislature pursuant to Assembly Bill 1858 of the 2015–16 Regular Session.

(E) Remaining statutory, administrative, or regulatory gaps for investigating and prosecuting unlicensed automobile dismantlers.

(F) Recommendations for additional strategies for bringing unlicensed automobile dismantlers into compliance through compliance assistance, education, training, or other identified methods.

(G) Recommendations for modifying, eliminating, or continuing the coordinated enforcement and compliance activities pursuant to this section.

(2) The report required by this subdivision shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.

(d) This section shall remain in effect only until January 1, 2025, January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, January 1, 2028, deletes or extends that date.

SECTION 1.

It is the intent of the Legislature to require the Department of Corrections and Rehabilitation to compile and analyze data and report that data to the Legislature for the purpose of understanding how credits awarded to inmates during incarceration for participation and achievement in activities and programs, including, but not limited to, firefighting, library services, and postsecondary education relate to postrelease recidivism.

SEC. 2.Section 2940 is added to the Penal Code, to read:

2940.

(a)On or before January 1, 2025, and annually thereafter, the department shall compile data related to credits awarded to inmates pursuant to this article or paragraph (2) of subdivision (a) of Section 32 of Article I of the California Constitution, and shall prepare a report on its findings to the Assembly and Senate Committees on Public Safety. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.

(b)The report shall include all of the following:

(1)An analysis of the relationship between each category of credits awarded pursuant to this article or paragraph (2) of subdivision (a) of Section 32 of Article I of the California Constitution and the recidivism rates of inmates who received those credits.

(2)A description of how an inmate is assessed to determine whether they should participate in a particular rehabilitation program during their incarceration, and if so, which programs were determined to be appropriate for the inmate and the reasons the programs were determined to be appropriate.

(3)An analysis of the difference, if any, between the recidivism rates of inmates who do and do not participate in rehabilitative programming during their incarceration.

(4)A description of post-release support programs that individuals receive after incarceration and an analysis of the difference, if any, between the recidivism rates of individuals who do and do not receive post-release support.

(5)An analysis of the impact of racial inequality on rehabilitation program outcomes for inmates.

(c)The report shall not include information that would disclose the identity of an inmate.