Bill Text: CA AB1483 | 2011-2012 | Regular Session | Amended
Bill Title: Public safety: realignment.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed - Dead) 2012-07-02 - Re-referred to Com. on B. & F.R. [AB1483 Detail]
Download: California-2011-AB1483-Amended.html
BILL NUMBER: AB 1483 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act relating to the Budget Act of 2012.
An act to amend Sections 29550, 29552, 30061, 30062, 30063, and
30070 of, and to repeal Sections 29553, 30064, 30065, and 30071 of,
the Government Code, to amend Section 11353.7 of the Health and
Safety Code, to amend Sections 186.9, 288.2, 296.1, 417.6, 476a,
647.6, 653f, 667.5, 669, 802, 830.5, 836.6, 1170, 1203.018, 1203.2,
1203.3, 1203.9, 3000, 3000.03, 3000.08, 3000.09, 3000.1, 3001, 3004,
3041.1, 3053.2, 3053.4, 3056, 3059, 3060.5, 3060.6, 3067, 3452, 3453,
3455, 4024.1, 4115.55, 4536, 7510, 7519, 7520, 7521, 11105, 12022.1,
13300, 13821, 13826.1, 13826.15, 13826.2, 13826.3, 13826.4, 13826.5,
13826.6, 13826.62, 13848.2, 13848.4, 14171, 14173, 14181, 19100,
19200, 20110, 20310, 20410, 20510, 20610, 20710, 20910,
21110, 21310, 21810, 22010, 22210, 22410, 24310, 24410, 24510, 24610,
24710, 30210, 31360, 31500, 32310, 32900, 33215, and 33600 of, to
amend, repeal, and add Section 3060.7 of, to add Sections 19.9 and
3456.5 to, and to repeal Sections 13848.6, 13887.5, 14175, and 14183
of, the Penal Code, to amend Section 2800.4 of the Vehicle Code, and
to amend Sections 10980, 18220, and 18220.1 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
AB 1483, as amended, Committee on Budget. Budget Act of
2012. Public safety: realignment.
(1) Existing law, for purposes of the crime of money laundering,
defines criminal activity to mean a criminal offense punishable by
the laws of the state by death or imprisonment in the state prison.
This bill would include in the definition of criminal activity a
criminal offense punishable by imprisonment in county jail for more
than one year. By changing the definition of a crime, this bill would
impose a state-mandated local program.
(2) Existing law defines a felony as a crime that is punishable by
death, imprisonment in the state prison, or imprisonment in a county
jail for more than one year. Existing law also provides exceptions
to imprisonment in a county jail for a variety of felonies, including
serious or violent felonies and any felony for which registration as
a sex offender is required, among other exceptions. Under existing
law, when a court commits a person to county jail for a felony, the
court has the option of committing that person for the full term of
his or her sentence or suspending execution of a concluding portion
of the term, during which time 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. Existing law provides for the revocation of probation, as
specified.
This bill would define mandatory supervision as the portion of the
term that a defendant serves under supervision in compliance with
the above provision. The bill would, for those crimes defined as
serious or violent crimes or crimes for which registration as a sex
offender is required, specify that the sentence is to be served in
state prison.
The bill would require the revocation or modification of mandatory
supervision to be made pursuant to provisions of existing law
providing for the revocation of probation as well as make the
provisions for the revocation of probation applicable to the
revocation of postrelease community supervision and parole. The bill
would make related conforming changes.
(3) Existing law establishes a program of postrelease community
supervision for certain persons who are released from prison or whose
sentence has been deemed served after serving a prison term for a
felony. Existing law requires that these persons enter into a
postrelease community supervision agreement as a condition of their
release. Existing law includes specified provisions relating to a
person who is on parole or probation, including HIV testing and
release of summary criminal history information to the attorney
representing the person.
This bill would include a person who is subject to mandatory
supervision or postrelease community supervision in specified
provisions applicable to persons on parole and probation. The bill
would require a person who is eligible for postrelease community
supervision to be given notice that they are subject to postrelease
community supervision prior to release and would remove the
requirement for the person to enter into a postrelease community
supervision agreement.
(4) Existing law requires prisoners on parole to remain under the
supervision of the Department of Corrections and Rehabilitation but
prohibits them from being returned to prison except under specified
circumstances.
This bill would authorize a parolee awaiting parole revocation
processing to be housed in a county jail in the county where he or
she was arrested or the county in which a petition to revoke parole
has been filed or, if there is no county jail, in a county with which
the arresting county has contracted while awaiting revocation
proceedings or to be placed in an alternative custody program under
the sole jurisdiction of the county. The bill would also authorize
the housing of a juvenile who is awaiting parole revocation in a
facility of the Division of Juvenile Facilities.
(5) Under existing law, when a person is convicted of 2 or more
crimes, the 2nd or subsequent judgment upon which sentence is ordered
to be executed is required to direct whether the terms of
imprisonment run concurrently or consecutively.
This bill would require, whenever a court imposes a concurrent
term of imprisonment in the state prison for any one crime, the terms
for all other crimes for which the person is convicted be served in
state prison.
(6) Existing law, as amended by Proposition 69, approved by the
voters at the November 2, 2004, statewide general election, subjects
certain offenders to the collection of buccal swab samples, right
thumbprints, a full palm print impression of each hand, and blood
specimens or other biological samples for law enforcement
identification analysis. Existing law requires these samples to be
collected from any person on probation, parole, or other release,
including any juvenile, who has a record of any past or present
conviction for specified offenses and who is on probation or parole
for any felony or misdemeanor offense, provided certain specified
qualifications are met. Proposition 69 may be amended by a statute
that is passed by each house of the Legislature and signed by the
Governor, if the amendments further the purpose of the proposition
and enhance the use of DNA identification evidence, for the purposes
of accurate and expeditious crime-solving and exonerating the
innocent.
This bill would include, in addition to offenders on probation or
parole, any person, including a juvenile, who meets the above
criteria and who is on postrelease community supervision or mandatory
supervision.
Because this bill would impose additional duties on local agencies
to collect these samples, this bill would impose a state-mandated
local program.
(7) Existing law requires incarceration in a county jail for
certain specified felonies, and authorizes the court, when imposing a
felony sentence to be served in county jail, to commit the defendant
to a full term in custody, or, in the court's discretion, to suspend
execution of a concluding portion of the term during which the
defendant is supervised by the county probation officer for the
remaining unserved portion of the sentence. Existing law provides
that this period of supervision shall be mandatory, and may not be
earlier terminated by the court. Existing law provides that a
suspended sentence imposed pursuant to these provisions qualifies as
a prior county jail term for purposes of imposing a one-year sentence
enhancement when the term is suspended by the court to allow
postrelease supervision.
This bill would clarify this provision as imposing the one-year
sentence enhancement because of a prior term that was suspended by
the court to allow for mandatory supervision rather than postrelease
supervision.
(8) Existing law provides that during the period when a defendant
is under mandatory supervision that the defendant is entitled only to
actual time credit against the term of imprisonment imposed by the
court.
This bill would specify that any time period which is suspended
because a person has absconded would not be credited toward the
period of supervision.
(9) Except as provided, existing law requires that prosecution for
an offense punishable in state prison or in a county jail for more
than one year be commenced within 3 years of the offense.
This bill would make a conforming change by clarifying that
prosecution for an offense not punishable by imprisonment in a county
jail for a felony conviction shall be commenced within one year
after the commission of the offense.
(10) Existing law provides for the punishment of certain felonies
by imprisonment in a county jail for a term exceeding one year.
Notwithstanding these provisions, existing law requires that certain
defendants with current or prior serious or violent felonies, or who
are required to register as sex offenders, serve their sentences in
state prison.
This bill would also require a sentence to be served in state
prison for a defendant who has a prior juvenile adjudication for a
violent or serious felony, or certain other enumerated felonies, that
was committed when the defendant was 16 years of age or older. This
bill would make additional clarifying changes providing for the
punishment of specified felonies in a county jail.
(11) Existing law allows the supervisors of any county to
authorize an electronic monitoring program for inmates being held in
lieu of bail in a county jail, provided that the inmate has no holds
or outstanding warrants and has either been held in custody for at
least 30 calendar days from the date of arraignment pending
disposition of only misdemeanor charges, or has been held in custody
pending disposition of charges for at least 60 calendar days from the
date of arraignment.
This bill would additionally allow an inmate to qualify for
participation in the electronic monitoring program if the inmate is
appropriate for the program based on a determination by the
correctional administrator that the inmate's participation would be
consistent with the public safety interests of the community.
(12) Existing law requires that any parolee who was paroled from
state prison prior to October 1, 2011, upon completion of a
revocation term on or after November 1, 2011, to either remain under
parole supervision of the Department of Corrections and
Rehabilitation or be placed on postrelease community supervision.
This bill would require that any person on postrelease community
supervision after serving a term for a parole revocation pursuant to
these provisions serve a period of postrelease supervision that is no
longer than the time period for which the person would have served
if the person had remained on parole.
(13) Except as provided, existing law provides that a parolee may
be housed in a county jail for a maximum of 180 days upon revocation
of parole. Existing law also provides for sanctions or revocation of
postrelease community supervision, and provides that confinement
following these actions shall not exceed a period of 180 days in
county jail.
This bill would clarify that the maximum 180 days in county jail
for a parole revocation or postrelease community supervision sanction
or revocation applies per parole revocation or for each custodial
sanction.
(14) Existing law provides for postrelease community supervision
for all persons released from prison on and after October 1, 2011,
who did not serve a prison term for a violent or serious felony, or a
crime where the person was classified as a High Risk Sex Offender,
among others.
This bill would provide that the local supervising agency for
purposes of postrelease community supervision, in coordination with
the sheriff or local correction administrator, may require any person
released onto postrelease community supervision to report to a
supervising agent or designated local supervising agency within 2
days of release from the county jail. The bill would specify that
this provision does not prohibit the local supervising agency from
requiring the person to report to his or her assigned supervising
agent within a time period that is less than 2 days from the time of
release. The bill would provide that the sheriff or local
correctional administrator may release an inmate sentenced prior to
the effective date of the act adding these provisions 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.
(15) Existing law provides, if authorized by a court as specified,
that when the actual inmate count exceeds the actual bed capacity of
a county or city jail, that the person responsible for the jail may
accelerate the release of sentenced inmates up to a maximum of 5
days.
This would allow for the acceleration of release up to a maximum
of 30 days.
(16) Various provisions of existing law provide for the testing of
persons in the criminal justice system for HIV and provides
procedures regarding exposure to bodily fluids. Existing law applies
these provisions to persons on parole or probation.
This bill would also make these provisions applicable to persons
on mandatory supervision or postrelease community supervision.
Because this bill would impose additional duties on local agencies
in regard to testing for HIV for persons on mandatory supervision
and postrelease community supervision, the bill would impose a
state-mandated local program.
(17) Existing law requires the Department of Justice to maintain
state summary criminal history information and to make it available
to a public defender or attorney of record when representing a person
in a criminal case or a parole revocation or revocation extension
hearing.
This bill would require the Department of Justice to make the
state summary criminal history information available to the public
defender or attorney of record when representing someone in a
postrelease community supervision or mandatory supervision revocation
or revocation extension proceeding.
(18) Existing law requires a local agency to furnish local summary
criminal history information to a public defender or attorney of
record when representing a person in a criminal case and when
authorized access by statutory or decisional law.
This bill would additionally require the local agency to furnish
the local summary criminal history information to a public defender
or attorney of record when representing a person in a parole,
postrelease community supervision, or mandatory supervision
revocation or revocation extension proceeding.
By imposing new duties on local agencies, this bill would impose a
state-mandated local program.
(19) Existing law authorizes each of the Counties of Fresno, Kern,
Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare to
develop within its respective jurisdiction a Central Valley Rural
Crime Prevention Program, to be administered by the county district
attorney's office of each respective county under a joint powers
agreement with the corresponding county sheriff's office, as
provided. Existing law makes these provisions inoperative on July 1,
2012, and repeals these provisions January 1, 2013.
Existing law authorizes the Counties of Monterey, San Luis Obispo,
Santa Barbara, Santa Cruz, and San Benito to each develop within
their respective jurisdictions a Central Coast Rural Crime Prevention
Program, to be administered by the county district attorney's office
of each respective county under a joint powers agreement with the
corresponding county sheriff's office, as provided. Existing law
makes these provisions inoperative on July 1, 2013, and repeals these
provisions January 1, 2014.
This bill would delete the provisions repealing the authorization
for these programs, thereby making the programs operative
indefinitely.
(20) Existing law authorizes a county to impose a fee, not to
exceed 1/2 of the actual administrative costs, upon a city, special
district, school district, community college district, college, or
university for reimbursement of county expenses incurred with respect
to the processing of persons arrested by an employee of the city,
special district, school district, community college district,
college, or university when the arrestee is brought to the county
jail for booking or detention. Existing law requires the county to
adopt any increase in this fee prior to the beginning of its fiscal
year and only after 45 days' written notice to the affected entities
of a public meeting on the fee increase and the holding of the public
meeting.
This bill would no longer limit fee increases to the beginning of
a fiscal year and would remove the notice and public meeting
requirements for the county.
(21) Under existing law, cities and counties that charge fees to a
city, special district, school district, community college district,
college, or university as specified above, are authorized to apply
to the Controller to receive funding that is equal to the fee revenue
received by the city or county during the 2006-07 fiscal year, to
the extent funding is appropriated, or proportional to other entities
if funding is insufficient. Existing law, commencing with the
2009-10 fiscal year, funds these payments from the Local Safety and
Protection Account in the Transportation Tax Fund and, commencing
with the 2011-12 fiscal year, funds the payments with a $35,000,000
appropriation from the Local Law Enforcement Services Account in the
Local Revenue Fund 2011.
This bill would, commencing with the 2012-13 fiscal year, allocate
funds as specified from the Enhancing Law Enforcement Activities
Subaccount. The bill would appropriate, for the 2012-13 fiscal year
and beyond, moneys that previously came from the Local Law
Enforcement Services Account from the Enhancing Law Enforcement
Activities Subaccount.
(22) Existing law requires each county to establish in the county
treasury a Supplemental Law Enforcement Services Account (SLESA) for
the receipt and allocation of funds for specified local law
enforcement purposes, including jail construction and operation,
criminal prosecution, and juvenile justice plans. Under existing law,
funds that are unspent or which were allocated to an entity that did
not qualify for receipt of the funds are required to be returned to
the originating account. Existing law requires each county to
establish a Supplemental Law Enforcement Oversight Committee (SLEOC)
to determine whether the recipient entities have expended moneys
received from the SLESA appropriately. Existing law requires city and
county auditors and treasurers to submit specified information on
the allocations from the SLESA and to the SLEOC and requires a
summary of the reports to be submitted to the Controller and other
entities by each SLEOC.
This bill would make specified changes in the procedures by which
counties and other local entities distribute the funds placed in the
SLESA, including removing the requirement for each county to have a
SLEOC and would remove the above reporting requirements for cities
and counties expending SLESA moneys. The bill would also, for the
2012-13 fiscal year, appropriate 21.86% of the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 for
adult programs funded by the county SLESA funds and 21.86% to fund
juvenile justice plans funded through the SLESA. The bill would
remove the requirement for counties or other local entities eligible
for these funds to return unspent funds or funds for which the entity
did not qualify in the fiscal year. The bill would also make
conforming changes.
(23) Existing law appropriates 12.68% of the Local Safety
Protection Account in the Transportation Fund to the California
Emergency Management Agency (CalEMA). Additionally, for the 2011-12
fiscal year, existing law requires the allocation of 9% of the Local
Law Enforcement Services Account to the CalEMA for use as specified,
including, but not limited to, the California Multi-Jurisdictional
Methamphetamine Enforcement Teams, Multi-Agency Gang Enforcement
Consortium, and the Sexual Assault Felony Enforcement Teams.
This bill would, commencing with the 2012-13 fiscal year, allocate
8.35% of the Enhancing Law Enforcement Activities Subaccount for use
by the specified programs described above.
(24) Existing law establishes in the Board of State and Community
Corrections, the Gang Violence Suppression Program to provide
technical and financial assistance for district attorney's offices,
local law enforcement agencies, county probation departments, school
districts, county offices of education, or community-based
organizations that are primarily engaged in the suppression of gang
violence. Funds awarded pursuant to this program are not to supplant
local funds that would ordinarily fund the activities. Existing law
sets forth guidelines and criteria for funding gang suppression
programs.
This bill would remove the priority guidelines for funding gang
suppression programs and would make the conditions for participation
voluntary instead of mandatory.
(25) Existing law establishes in the CalEMA a program of financial
aid and technical assistance for law enforcement and district
attorneys' offices, designated as the High Technology Theft
Apprehension and Prosecution Program. Moneys appropriated to this
program are required to be spent to fund programs that expand the
capacity of local law enforcement and prosecutors to deter,
investigate, and prosecute high-technology-related crimes. Existing
law provides that up to 10% of the funds appropriated to the program
may be used for developing and maintaining a statewide database on
high technology crime, as provided, and that the Secretary of
California Emergency Management may allocate and award up to 5% of
the funds to be made available to public agencies or private
nonprofit organizations for the purposes of establishing statewide
programs relating to deterring, investigating, and prosecuting high
technology crimes.
Existing law establishes the High Technology Crime Advisory
Committee for the purpose of formulating a comprehensive written
strategy for addressing high-technology crime in the state and
advising the CalEMA on distribution of funds to regional task forces
pursuant to the High Technology Theft Apprehension and Prosecution
Program.
This bill would dissolve the High Technology Crime Advisory
Committee and remove the High Technology Theft Apprehension and
Prosecution Program from the CalEMA. This bill would remove the 10%
limitation on the use of the funds for the statewide database on high
technology crime and the 5% limitation on the use of funds for the
establishment of statewide programs relating to high technology
crimes and would specify funds to be allocated to the Department of
Justice and the California District Attorneys Association that may be
used to fund these programs, as specified.
(26) Existing law authorizes the establishment of the Central
Valley Rural Crime Prevention Program and the Central Coast Rural
Crime Prevention Program, until July 1, 2012, and July 1, 2013,
respectively, administered by the county district attorney's office
of each county under a joint powers agreement with the corresponding
sheriff's office. Existing law requires the parties to the agreement
to form a joint task force that includes specified parties, including
the county district attorney, the county sheriff, and interested
property owner groups or associations. Existing law prescribes
requirements for the program implementation by the counties.
This bill would extend the above programs indefinitely, would
authorize the county sheriff's department to administer the program,
and would make the specific provisions of the rural crime prevention
programs voluntary instead of mandatory.
(27) Existing law appropriates 30.19% of the Local Safety and
Protection Account in the Transportation Fund to serve children who
are habitual truants, runaways, at risk of being wards of the court,
or under juvenile court supervision or supervision of the probation
department. Existing
law, for the 2011-12 fiscal year, appropriates 33.38% of the Local
Law Enforcement Services Account for this purpose.
This bill would appropriate, commencing with the 2012-13 fiscal
year, 30.99% of the Enhancing Law Enforcement Activities Subaccount
to serve children who are habitual truants, runaways, at risk of
being wards of the court, or under juvenile court supervision or
supervision of the probation department, as prescribed.
(28) Existing law appropriates 6.47% of the Local Law Enforcement
Services Account among counties that operate juvenile camps and
ranches, based on the number of beds in each camp.
This bill, commencing with the 2012-13 fiscal year, would
appropriate 6.01% of the funds in the Enhancing Law Enforcement
Activities Subaccount for this purpose.
(29) Existing law makes it a crime to carry an explosive
substance, other than fixed ammunition, concealed on the person, or
to manufacture, import, provide, or possess any metal military
practice handgrenade or metal replica handgrenade, air gauge knife,
belt buckle knife, cane sword, lipstick case knife, shobi-zue,
writing pen knife, ballistic knife, dirk, dagger, metal knuckles,
nanchaku, leaded cane, shuriken, camouflaging firearm container, cane
gun, firearm not immediately recognizable as a firearm, undetectable
firearm, wallet gun, ammunition containing or consisting of any
flechette dart, bullet containing or carrying an explosive agent,
unconventional pistol, large-capacity magazine, multiburst trigger
activator, short-barreled rifle, short-barreled shotgun, or zip gun.
Under existing law these crimes are punishable either as misdemeanors
punishable by imprisonment in a county jail not exceeding one year
or as felonies punishable by imprisonment in the state prison for 16
months, or 2 or 3 years.
This bill would instead make these crimes punishable as
misdemeanors by imprisonment in a county jail not exceeding one year,
or as felonies punishable in a county jail for 16 months, or 2 or 3
years. By imposing additional incarceration costs on local agencies,
this bill would impose a state-mandated local program.
(30) Existing law requires that for certain specified offenders,
including offenders convicted of a serious or violent felony, and
persons classified as a High Risk Sex Offender, among others, the
period of parole shall not exceed five years in the case of any
inmate imprisoned for any offense other than first or second degree
murder for which the inmate received a life sentence, and shall not
exceed 3 years in the case of any other inmate, unless the Board of
Parole Hearings for good cause waives parole and discharges the
inmate from custody of the department. Existing law requires that at
the expiration of a term of imprisonment of one year and one day, or
at the expiration of a determinate sentence, the inmate shall be
released on parole for a period not exceeding 3 years, except that
any inmate sentenced for certain specified serious felonies shall be
released on parole for a period not exceeding 10 years. Existing law
provides that the sole authority to issue warrants for the return to
actual custody of any state prisoner released on parole rests with
the Board of Parole Hearings.
This bill would make these provisions applicable to any inmate
described above who is sentenced for a crime committed prior to July
1, 2013. On and after July 1, 2013, the bill would provide that the
period of parole shall be imposed as specified unless waived by the
Department of Corrections and Rehabilitation. The bill would require,
for a crime committed on or after July 1, 2013, that at the
expiration of a term of imprisonment of one year and one day, or for
a determinate sentence, the inmate would be released on parole for a
period of 3 years, except that any inmate sentenced for specified
serious felonies would be released on parole for a period of 10
years.
The bill would require the department to consider the request of
an inmate whose commitment offense occurred on or after July 1, 2013,
regarding the length of his or her parole and the conditions
thereof, except that for persons sentenced to life would be
considered by the Board of Parole Hearings. The bill would provide
that on or after July 1, 2013, the sole authority to issue warrants
for the return to actual custody of any state prisoner released on
parole would rest with a court pursuant to provisions providing for
the revocation of probation.
The bill would require that a person released from prison prior to
or on or after July 1, 2013, after serving a prison term, or whose
sentence was deemed served after earning credits, for a serious or
violent felony, or for a crime for which the person is classified as
a High Risk Sex Offender, among other crimes, who is eligible for
release on parole for a period of 3 years or 10 years pursuant to the
above provisions, who is required to register as a sex offender
pursuant to the Sex Offender Registration Act or who was imprisoned
for committing a serious felony, who has been released from state
prison, and who has been on parole continuously for one year since
release from confinement, to be discharged from parole within 30
days, unless the Department of Corrections and Rehabilitation
recommends to the Board of Parole Hearings that the person be
retained on parole and the board, for good cause, determines that the
person will be retained. The bill would require the department to
submit recommendations to the Board of Parole Hearings for any person
described in these provisions who has been released from state
prison from October 1, 2010, to the effective date of this bill, and
who has been on parole continuously for one year since his or her
release from confinement. The bill would require that a person who
meets this criteria who is not retained on parole by the Board of
Parole Hearings by the 91st day after the effective date of this bill
to be discharged from parole.
(31) Existing law requires the parole authority to revoke the
parole of any prisoner who refuses to sign a parole agreement setting
forth the general and any special conditions applicable to the
parole, among other things. Existing law prohibits the Department of
Corrections and Rehabilitation from returning prison, placing a
parole hold on, or reporting a parole violation regarding any person
to whom specified criteria apply, including that the person did not
refuse to sign the written notification of parole requirements and
conditions.
This bill would remove the requirement that the prisoner sign a
parole agreement. The bill would instead require that the inmate be
given notice that he or she is subject to terms and conditions of his
or her release from prison. The bill would require the notice to
include the person's release date and maximum period the person may
be subject to supervision, and advisement that if the person violates
any laws or conditions of his or her release that he or she may be
incarcerated, as provided, and an advisement that he or she is
subject to search or seizure by a probation or parole officer or
other peace officer at any time day or night, with or without a
search warrant or with or without cause.
(32) Existing law provides that the Governor may request review of
any decision by a parole authority concerning the grant or denial of
parole to any inmate in a state prison, and requires a randomly
selected committee comprised of 9 commissioners specifically
appointed to hear adult parole matters to review the parole decision.
This bill would instead require the Governor's request to be
reviewed by a majority of the commissioners.
(33) 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.
(34) This bill would appropriate $1,000 from the General Fund to
the Department of Corrections and Rehabilitation for the purpose of
administration.
(35) 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 2012.
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. This act is entitled and may be cited
as 2011 Realignment Legislation.
SEC. 2. The Legislature finds and declares all of
the following:
(a) It is the intent of the Legislature in enacting this act to
provide for a uniform supervision revocation process for petitions to
revoke probation, mandatory supervision, postrelease community
supervision, and parole.
(b) By amending subparagraph (B) of paragraph (5) of subdivision
(h) of Section 1170, subdivision (f) of Section 3000.08, and
subdivision (a) of Section 3455 of the Penal Code to apply to
probation revocation procedures under Section 1203.2 of the Penal
Code, it is the intent of the Legislature that these amendments
simultaneously incorporate the procedural due process protections
held to apply to probation revocation procedures under Morrissey v.
Brewer (1972) 408 U.S. 471, and People v. Vickers (1972) 8 Cal.3d
451, and their progeny.
SEC. 3. Section 29550 of the Government
Code is amended to read:
29550. (a) (1) Subject to subdivision (d) of Section 29551, a
county may impose a fee upon a city, special district, school
district, community college district, college, or university for
reimbursement of county expenses incurred with respect to the booking
or other processing of persons arrested by an employee of that city,
special district, school district, community college district,
college, or university, where the arrested persons are brought to the
county jail for booking or detention. The fee imposed by a county
pursuant to this section shall not exceed the actual administrative
costs, including applicable overhead costs as permitted by federal
Circular A-87 standards, as defined in subdivision (d), incurred in
booking or otherwise processing arrested persons. For the 2005-06
fiscal year and each fiscal year thereafter, the fee imposed by a
county pursuant to this subdivision shall not exceed one-half of the
actual administrative costs, including applicable overhead costs as
permitted by federal Circular A-87 standards, as defined in
subdivision (d), incurred in booking or otherwise processing arrested
persons. A county may submit an invoice to a city, special district,
school district, community college district, college, or university
for these expenses incurred by the county on and after July 1, 1990.
Counties shall fully disclose the costs allocated as federal Circular
A-87 overhead.
(2) Any increase in a fee charged pursuant to this section shall
be adopted by a county prior to the beginning of its fiscal year and
may be adopted only after the county has provided each city, special
district, school district, community college district, college, or
university 45 days written notice of a public meeting held pursuant
to Section 54952.2 on the fee increase and the county has conducted
the public meeting.
(3)
(2) Any county that imposes a fee pursuant to this
section shall negotiate a reduced fee with any city, special
district, school district, community college district, college, or
university within the county for any services that are performed by
the arresting agency in the processing of arrestees that do not have
to be duplicated by the county.
(4)
(3) This subdivision shall not apply to counties that
are under a contractual agreement with a city, special district,
school district, community college district, college, or university
within the county that is subject to the fee.
(b) The exemption of a local agency from the payment of a fee
pursuant to this subdivision does not exempt the person arrested from
the payment of fees for booking or other processing.
(1) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests on any bench warrant for
failure to appear in court, nor on any arrest warrant issued in
connection with a crime not committed within the entity's
jurisdiction.
(2) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for a person who is ordered by a court to
be remanded to the county jail except that a county may charge a fee
to recover those direct costs for those functions required to book a
person pursuant to subdivision (g) of Section 853.6 of the Penal
Code.
(3) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests made pursuant to arrest
warrants originating outside of its jurisdiction.
(4) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university on parole violation arrests or
probation-ordered returns to custody, unless a new charge has been
filed for a crime committed in the jurisdiction of the arresting
city, district, college, or university.
(5) An agency making a mutual aid request shall pay fees in
accordance with subdivision (a) that result from arrests made in
response to the mutual aid request except that in the event the
Governor declares a state of emergency, no agency shall be charged
fees for any arrest made during any riot, disturbance, or event that
is subject to the declaration.
(6) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for the arrest of a prisoner who has escaped
from a county, state, or federal detention or corrections facility.
(7) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for arrestees held in temporary detention at
a court facility for purposes of arraignment when the arrestee has
been previously booked at an entity detention facility.
(8) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university as the result of an arrest made by its
officer assigned to a formal multiagency task force in which the
county is a participant. For the purposes of this section, "formal
task force" means a task force that has been established by written
agreement of the participating agencies.
(9) In those counties where the cities and the county participate
in a consolidated booking program and where prior to arraignment an
arrestee is transferred from a city detention facility to a county
detention facility, the city shall not be charged for those tasks
listed in subdivision (d) that are a part of the consolidated booking
program which were completed by the city prior to delivering the
arrestee to the county detention facility. However, the county may
charge the actual administrative costs for those additional tasks
listed in subdivision (d) that are performed in order to receive the
arrestee into the county detention facility. For the 2005-06 fiscal
year and each fiscal year thereafter, the county may charge up to
one-half of the actual administrative costs for those additional
tasks listed in subdivision (d) that are performed in order to
receive the arrestee into the county detention facility.
(c) Any county whose officer or agent arrests a person is entitled
to recover from the arrested person a criminal justice
administration fee for administrative costs it incurs in conjunction
with the arrest if the person is convicted of any criminal offense
related to the arrest, whether or not it is the offense for which the
person was originally booked. The fee which the county is entitled
to recover pursuant to this subdivision shall not exceed the actual
administrative costs, including applicable overhead costs incurred in
booking or otherwise processing arrested persons.
(d) When the court has been notified in a manner specified by the
court that a criminal justice administration fee is due the agency:
(1) A judgment of conviction may impose an order for payment of
the amount of the criminal justice administration fee by the
convicted person, and execution may be issued on the order in the
same manner as a judgment in a civil action, but shall not be
enforceable by contempt.
(2) The court shall, as a condition of probation, order the
convicted person, based on his or her ability to pay, to reimburse
the county for the criminal justice administration fee, including
applicable overhead costs.
(e) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility. Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include the cost of notifying any
local agency, special district, school district, community college
district, college or university of any change in the fee charged by a
county pursuant to this section. "Actual administrative costs" may
include any one or more of the following as related to receiving an
arrestee into the county detention facility:
(1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
(2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
(3) Warrant service, processing, and detainer.
(4) Inventory of an arrestee's money and creation of cash
accounts.
(5) Inventory and storage of an arrestee's property.
(6) Inventory, laundry, and storage of an arrestee's clothing.
(7) The classification of an arrestee.
(8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
(9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
(f) An administrative screening fee of twenty-five dollars ($25)
shall be collected from each person arrested and released on his or
her own recognizance upon conviction of any criminal offense related
to the arrest other than an infraction. A citation processing fee in
the amount of ten dollars ($10) shall be collected from each person
cited and released by any peace officer in the field or at a jail
facility upon conviction of any criminal offense, other than an
infraction, related to the criminal offense cited in the notice to
appear. However, the court may determine a lesser fee than otherwise
provided in this subdivision upon a showing that the defendant is
unable to pay the full amount. All fees collected pursuant to this
subdivision shall be transmitted by the county auditor monthly to the
Controller for deposit in the General Fund. This subdivision applies
only to convictions occurring on or after the effective date of the
act adding this subdivision and prior to June 30, 1996.
SEC. 4. Section 29552 of the Government
Code is amended to read:
29552. (a) (1) Commencing with the 2007-08 fiscal year, all
counties and cities and counties that charged fees pursuant to
Section 29550 and cities with Type One detention facilities that
charged fees pursuant to Section 29550.3 during the 2006-07 fiscal
year may apply to the Controller to receive funding provided pursuant
to subdivision (b) that is equal to the fee revenue received by the
county, city and county, or city during the 2006-07 fiscal year, to
the extent that funding is appropriated therefore in the annual
budget act or other appropriation legislation. If insufficient funds
are appropriated to equal the full amount of fees received in the
2006-07 fiscal year, each county, city and county and city that
applies for funding shall receive a share of the appropriated funds
proportionate to the share of fees it received in the 2006-07 fiscal
year compared to the statewide total reported to the Controller.
(2) The remaining portion of any amount appropriated for purposes
of this section shall be paid proportionally to all counties, cities
and counties, and cities based on the number of bookings within each
county during the year previous to the current payment.
(b) Commencing with the 2011-12 fiscal year, payments
authorized by this section shall be fully funded from the Local Law
Enforcement Services Account in the Local Revenue Fund 2011.
The Controller shall allocate thirty-five million dollars
($35,000,000) of the funds authorized for
moneys annually deposited in the
purposes of this section on a quarterly basis commencing October 1,
2009, to all eligible counties, cities and counties, and cities. Any
city, county, or city and county that applies for funding pursuant to
this section shall comply with all requests for information made by
the Controller. Local Law Enforcement Services Account
in the Local Revenue Fund 2011 for purposes of these payments.
(c) Commencing with the 2012-13 fiscal year, the Controller shall
allocate funds from the Enhancing Law Enforcement Activities
Subaccount as follows:
+--------------------+-------------+
|Alameda County |$2,319,980 |
+--------------------+-------------+
|Amador County |$21,403 |
+--------------------+-------------+
|City of Baldwin Park|$4,539 |
+--------------------+-------------+
|Butte County |$113,887 |
+--------------------+-------------+
|Calaveras County |$8,559 |
+--------------------+-------------+
|Colusa County |$7,017 |
+--------------------+-------------+
|Contra Costa County |$1,897,056 |
+--------------------+-------------+
|Del Norte County |$37,501 |
+--------------------+-------------+
|El Dorado County |$89,793 |
+--------------------+-------------+
|City of Fremont |$250,268 |
+--------------------+-------------+
|Fresno County |$1,409,727 |
+--------------------+-------------+
|Glenn County |$47,036 |
+--------------------+-------------+
|City of Hayward |$11,098 |
+--------------------+-------------+
|Humboldt County |$384,311 |
+--------------------+-------------+
|Inyo County |$3,522 |
+--------------------+-------------+
|Kern County |$732,680 |
+--------------------+-------------+
|Kings County |$120,140 |
+--------------------+-------------+
|Lake County |$84,030 |
+--------------------+-------------+
|Lassen County |$24,041 |
+--------------------+-------------+
|Los Angeles County |$676,989 |
+--------------------+-------------+
|Madera County |$124,054 |
+--------------------+-------------+
|Marin County |$222,060 |
+--------------------+-------------+
|Mendocino County |$138,730 |
+--------------------+-------------+
|Merced County |$219,669 |
+--------------------+-------------+
|Modoc County |$3,244 |
+--------------------+-------------+
|Monterey County |$613,463 |
+--------------------+-------------+
|City of Monterey |$4,880 |
+--------------------+-------------+
|Napa County |$107,578 |
+--------------------+-------------+
|Nevada County |$94,239 |
+--------------------+-------------+
|City of Palm Springs|$45,986 |
+--------------------+-------------+
|Placer County |$464,844 |
+--------------------+-------------+
|City of Pomona |$73,757 |
+--------------------+-------------+
|Riverside County |$3,413,483 |
+--------------------+-------------+
|Sacramento County |$2,247,151 |
+--------------------+-------------+
|San Benito County |$32,312 |
+--------------------+-------------+
|San Bernardino |$2,758,057 |
|County | |
+--------------------+-------------+
|San Diego County |$5,818,271 |
+--------------------+-------------+
|San Joaquin County |$796,780 |
+--------------------+-------------+
|San Luis Obispo |$456,312 |
|County | |
+--------------------+-------------+
|San Mateo County |$758,641 |
+--------------------+-------------+
|Santa Barbara County|$502,813 |
+--------------------+-------------+
|Santa Clara County |$3,165,148 |
+--------------------+-------------+
|Santa Cruz County |$585,814 |
+--------------------+-------------+
|Shasta County |$257,005 |
+--------------------+-------------+
|Siskiyou County |$48,850 |
+--------------------+-------------+
|Solano County |$848,012 |
+--------------------+-------------+
|Sonoma County |$791,066 |
+--------------------+-------------+
|Stanislaus County |$832,424 |
+--------------------+-------------+
|Sutter County |$64,179 |
+--------------------+-------------+
|Tehama County |$50,421 |
+--------------------+-------------+
|Tulare County |$829,642 |
+--------------------+-------------+
|Tuolumne County |$32,612 |
+--------------------+-------------+
|Yolo County |$310,820 |
+--------------------+-------------+
|Yuba County |$44,106 |
+--------------------+-------------+
SEC. 5. Section 29553 of the Government Code
is repealed.
29553. (a) Commencing with the 2009-10 fiscal year, the payments
authorized by Section 29552 shall be fully funded from the Local
Safety and Protection Account in the Transportation Tax Fund
authorized by Section 10752.2 of the Revenue and Taxation Code. The
Controller shall allocate 6.26 percent of the moneys annually
deposited in the Local Safety and Protection Account for purposes of
these payments.
(b) Commencing with the 2011-12 fiscal year, the payments
authorized by Section 29552 shall be fully funded from the Local Law
Enforcement Services Account in the Local Revenue Fund 2011. The
Controller shall allocate thirty-five million dollars ($35,000,000)
of the moneys annually deposited in the Local Law Enforcement
Services Account for purposes of these payments. The funds shall be
allocated in four equal quarterly installments beginning October 1 of
each year.
SEC. 6. Section 30061 of the Government
Code is amended to read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Account (SLESA), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county's SLESA within 30 days of the
deposit of those moneys into the fund , and shall allocate
those moneys in accordance with the requirements set forth in this
subdivision. However, the auditor shall not transfer those moneys to
a recipient agency until the Supplemental Law Enforcement Oversight
Committee certifies receipt of an approved expenditure plan from the
governing board of that agency . The moneys shall be
allocated as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide, except as provided in subdivision (j), a grant
of at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. For a newly incorporated city whose
population estimate is not published by the Department of Finance,
but that was incorporated prior to July 1 of the fiscal year in which
an allocation from the SLESA is to be made, the city manager, or an
appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESA is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. Except as provided in subdivision (j), the county
auditor shall allocate a grant of at least one hundred thousand
dollars ($100,000) to each law enforcement jurisdiction. Moneys
allocated to the county pursuant to this subdivision shall be
retained in the county SLESA, and moneys allocated to a city pursuant
to this subdivision shall be deposited in an SLESA established in
the city treasury.
(4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph. The juvenile justice plan shall be developed by the local
juvenile justice coordinating council in each county and city and
county with the membership described in Section 749.22 of the Welfare
and Institutions Code. If a plan has been previously approved by the
Corrections Standards Authority , or,
commencing July 1, 2012, by the Board of State and
Community Corrections, the plan shall be reviewed and modified
annually by the council. The plan or modified plan shall be approved
by the county board of supervisors, and in the case of a city and
county, the plan shall also be approved by the mayor. The plan or
modified plan shall be submitted to the Corrections Standards
Authority Board of State and Community Corrections
by May 1 of each year.
(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the
following requirements:
(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
(iv) Arrest,
incarceration, and probation violation rates of program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Corrections Standards Authority
Board of State and Community Corrections shall review plans or
modified plans submitted pursuant to this paragraph within 30 days
upon receipt of submitted or resubmitted plans or modified plans. The
authority board shall approve only
those plans or modified plans that fulfill the requirements of this
paragraph, and shall advise a submitting county or city and county
immediately upon the approval of its plan or modified plan. The
authority board shall offer, and
provide, if requested, technical assistance to any county or city and
county that submits a plan or modified plan not in compliance with
the requirements of this paragraph. The SLESA shall only allocate
funding pursuant to this paragraph upon notification from the
authority board that a plan or modified
plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October
15, 2002, and annually each October 15 thereafter, to the county
board of supervisors and the Corrections Standards
Authority, Board of State and Community Corrections,
in a format specified by the authority,
board, on the programs funded pursuant to this chapter and
program outcomes as specified in subparagraph (C).
(ii) The Corrections Standards Authority
Board of State and Community Corrections shall compile the
local reports and, by March 15, 2003, and annually thereafter, make a
report to the Governor and the Legislature on program expenditures
within each county and city and county from the appropriation for the
purposes of this paragraph, on the outcomes as specified in
subparagraph (C) of the programs funded pursuant to this paragraph
and the statewide effectiveness of the comprehensive multiagency
juvenile justice plans.
(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs. The board shall, at a public hearing held
at a time determined by the board in each year that the Legislature
appropriates funds for purposes of this chapter, or within 30 days
after a request by a recipient agency for a hearing if the funds have
been received by the county from the state prior to that request,
consider and determine each submitted request within 60 days of
receipt, pursuant to the decision of a majority of a quorum present.
The board shall consider these written requests separate and apart
from the process applicable to proposed allocations of the county
general fund.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be
acted upon by the city council in the same manner as specified in
paragraph (1) for county appropriations.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund frontline municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district. These written requests shall be acted
upon by the legislative body in the same manner specified in
paragraph (1) for county appropriations.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) In the 2009-10 fiscal year, and every fiscal year thereafter,
the Controller shall allocate 21.30 percent of the amount deposited
in the Local Safety and Protection Account for purposes of paragraphs
(1), (2), and (3) of subdivision (b), and shall allocate 21.30
percent for purposes of paragraph (4) of subdivision (b).
(f)
(e) Commencing with For
the 2011-12 fiscal year, the Controller shall allocate 23.54 percent
of the amount deposited in the Local Law Enforcement Services Account
in the Local Revenue Fund 2011 for the purposes of paragraphs (1),
(2), and (3) of subdivision (b), and shall allocate 23.54 percent for
purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 21.86 percent of the amount deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 for
the purposes of paragraphs (1) to (3), inclusive, of subdivision (b),
and shall allocate 21.86 percent for purposes of paragraph (4) of
subdivision (b).
(g) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance. In the 2009-10 fiscal year, and
each fiscal year thereafter, the Controller shall allocate funds
authorized for purposes of this chapter on a quarterly basis,
beginning October 1 of each year.
(h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met
this requirement shall remit unspent SLESF moneys received
prior to April 1, 2009, to the Controller for
deposit into the General Fund. A local agency that has not met the
requirement of this subdivision shall remit unspent
SLESF SLESA moneys received after April
1, 2009, to the Controller for deposit in the Local Safety and
Protection Account, and after April 1, 2012, to
the Local Law Enforcement Services Account , and after July 1,
2012, to the County Enhancing Law Enforcement Activities Subaccount
.
(i) If a county, a city, a city and county, or a qualifying
special district does not comply with the requirements of this
chapter to receive an SLESA allocation, the Controller shall revert
funds that were provided for the noncompliant entity prior to April
1, 2009, to the General Fund. Funds provided for the noncompliant
entity after March 1, 2009, shall be reverted to the Local Safety and
Protection Account, and after March 1, 2012, shall be reverted to
the Local Law Enforcement Services Account.
(j)
(i) In the 2010-11 fiscal year, if the fourth quarter
revenue derived from fees imposed by subdivision (a) of Section
10752.2 of the Revenue and Taxation Code that are deposited in the
General Fund and transferred to the Local Safety and Protection
Account, and continuously appropriated to the Controller for
allocation pursuant to this section, are insufficient to provide a
minimum grant of one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction, the county auditor shall allocate the
revenue proportionately, based on the allocation schedule in
paragraph (3) of subdivision (b). The county auditor shall
proportionately allocate, based on the allocation schedule in
paragraph (3) of subdivision (b), all revenues received after the
distribution of the fourth quarter allocation attributable to these
fees for which payment was due prior to July 1, 2011, until all
minimum allocations are fulfilled, at which point all remaining
revenue shall be distributed proportionately among the other
jurisdictions.
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 Fund (SLESF)
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. 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.
(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
SLESF 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 SLESF 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 SLESF
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 SLESF 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 30063 of the Government
Code is amended to read:
30063. (a) The Supplemental
Law Enforcement Services Fund (SLESF) Account
(SLESA) in each county or city is to be expended exclusively
as required by this chapter. Moneys in that fund shall not be
transferred to, or intermingled with, the moneys in any other fund in
the county or city treasury, except that moneys may be transferred
from the SLESF SLESA to the county's or
city's general fund to the extent necessary to facilitate the
appropriation and expenditure of those transferred moneys in the
manner required by this chapter.
(b) Moneys in an SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys. The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
(c) Each year, at least 30 days prior to the date of the duly
noticed public hearing required pursuant to paragraph (1) of
subdivision (c) of Section 30061, the county auditor and city
treasurer shall detail and summarize allocations from the county's or
city's SLESF, as applicable, in a written, public report filed with
the Supplemental Law Enforcement Oversight Committee (SLEOC), the
county board of supervisors, or the city council, as applicable, for
the entirety of the immediately preceding fiscal year, and the county
sheriff or police chief, as applicable.
(d) A summary of the annual reports required in subdivision (c)
shall be submitted in a standardized format to be developed by the
Controller, in conjunction with the California District Attorney's
Association, California Police Chief's Association, California State
Sheriff's Association, California Peace Officer's Association,
California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before
October 15, 2001, and each year thereafter. The Controller shall
make a copy of the summarized reports available to the Governor, the
Legislature, and the Legislative Analyst's Office.
(e) A county, a city, or a city and county that fails to submit
the data required pursuant to subdivision (d) of this section or to
report as required pursuant to clause (i) of subparagraph (E) of
paragraph (4) of subdivision (b) of Section 30061 shall not continue
to expend funds allocated pursuant to subdivision (b) of Section
30061 or interest earned pursuant to subdivision (b) of this section
until that data and that report are submitted as required by this
chapter.
(f) Notwithstanding subdivision (e), if the SLEOC fails to
transmit the data to the Controller required pursuant to subdivision
(d), the local law enforcement agency may submit its expenditure data
directly to the Controller no later than 15 days after the date
specified in subdivision (d). If the local law enforcement agency has
complied with other requirements in this chapter, it may continue to
expend funds allocated and interest earned pursuant to this chapter.
SEC. 9. Section 30064 of the Government
Code is repealed.
30064. (a) There is in each county a Supplemental Law Enforcement
Oversight Committee (SLEOC), consisting of five members as follows:
(1) One municipal police chief.
(2) The county sheriff.
(3) The district attorney.
(4) The county's executive officer.
(5) One city manager.
(b) (1) The cities in each county shall organize as a city
selection committee for the purposes of appointing a city manager and
a municipal police chief to the SLEOC. Each appointment shall be
made by not less than a majority of all the cities in the county
having not less than a majority of the population of all the cities
in the county. For purposes of this paragraph, population figures
shall be determined on the basis of the most recent census data
developed by the Department of Finance.
(2) The SLEOC shall determine whether recipient entities have
expended moneys received from the Supplemental Law Enforcement
Services Fund (SLESF) in compliance with this chapter. For this
purpose, the SLEOC shall at least annually review the expenditure of
SLESF funds by city police departments, the county sheriff, and the
district attorney, and shall make its annual review report available
to the public.
SEC. 10. Section 30065 of the
Government Code is repealed.
30065. In no event shall this chapter be construed to affect in
any manner the public safety service allocations required by Chapter
6.5 (commencing with Section 30051).
SEC. 11. Section 30070 of the
Government Code is amended to read:
30070. (a) Commencing in the 2009-10 fiscal year, the program
authorized by this chapter shall be funded from the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code. The Controller shall, on a
quarterly basis, beginning on October 1, 2009, allocate 3.68 percent
of the moneys annually deposited in the Local Safety and Protection
Account 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) Commencing with
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. The Controller shall allocate 3.78 percent of the moneys
annually deposited in the Enhancing Law Enforcement Activities S
ubaccount in the Local Revenue Fund 2011. Funds shall be
allocated 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%
(c) Funds allocated pursuant to this section shall be used to
supplement rather than supplant existing law enforcement resources.
(d) The funds allocated pursuant to this section may not be used
for any video surveillance or monitoring of the general public.
SEC. 12. Section 30071 of the
Government Code is repealed.
30071. If any funds made available pursuant to Section 30061 or
30070, or pursuant to Item 8100-102-0001, 9210-106-0001, or
9210-108-0001 of Section 2.00 of the Budget Act of 2001 (Chapter 106
of the Statutes of 2001), or an appropriation for the same purpose in
a subsequent Budget Act, are used to fund the surveillance or
monitoring of persons, the use of those funds shall comply with both
of the following requirements:
(a) The funds may only be used by law enforcement personnel or
employees of governmental agencies or other entities, either public
or private, for video surveillance or monitoring when there is an
articulable suspicion that the persons who are the target of the
surveillance or monitoring are engaging or have engaged in illegal
conduct.
(b) The funds may not be used for any video surveillance or
monitoring of the general population.
SEC. 13. Section 11353.7 of the Health
and Safety Code is amended to read:
11353.7. Except as authorized by law, and except as provided
otherwise in Sections 11353.1, 11353.6, and 11380.1 with respect to
playgrounds situated in a public park, any person 18 years of age or
older who unlawfully prepares for sale in a public park, including
units of the state park system and state vehicular recreation areas,
or sells or gives away a controlled substance to a minor under the
age of 14 years in a public park, including units of the state park
system and state vehicular recreation areas, during hours in which
the public park, including units of the state park system and state
vehicular recreation areas, is open for use, with knowledge that the
person is a minor under the age of 14 years, shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of
the Penal Code in state prison for three, six,
or nine years.
SEC. 14. Section 19.9 is added to the
Penal Code , to read:
19.9. For purposes of this code, "mandatory supervision" shall
mean the portion of a defendant's sentenced term during which time he
or she is supervised by the county probation officer pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
SEC. 15. Section 186.9 of the Penal
Code is amended to read:
186.9. As used in this chapter:
(a) "Conducts" includes, but is not limited to, initiating,
concluding, or participating in conducting, initiating, or concluding
a transaction.
(b) "Financial institution" means, when located or doing business
in this state, any national bank or banking association, state bank
or banking association, commercial bank or trust company organized
under the laws of the United States or any state, any private bank,
industrial savings bank, savings bank or thrift
institution, savings and loan
association, or building and loan association organized under the
laws of the United States or any state, any insured institution as
defined in Section 401 of the National Housing Act (12 U.S.C. Sec.
1724(a)), any credit union organized under the laws of the United
States or any state, any national banking association or corporation
acting under Chapter 6 (commencing with Section 601) of Title 12 of
the United States Code, any agency, agent or branch of a foreign
bank, any currency dealer or exchange, any person or business engaged
primarily in the cashing of checks, any person or business who
regularly engages in the issuing, selling, or redeeming of traveler's
checks, money orders, or similar instruments, any broker or dealer
in securities registered or required to be registered with the
Securities and Exchange Commission under the Securities Exchange Act
of 1934 or with the Commissioner of Corporations under Part 3
(commencing with Section 25200) of Division 1 of Title 4 of the
Corporations Code, any licensed transmitter of funds or other person
or business regularly engaged in transmitting funds to a foreign
nation for others, any investment banker or investment company, any
insurer, any dealer in gold, silver, or platinum bullion or coins,
diamonds, emeralds, rubies, or sapphires, any pawnbroker, any
telegraph company, any person or business regularly engaged in the
delivery, transmittal, or holding of mail or packages, any person or
business that conducts a transaction involving the transfer of title
to any real property, vehicle, vessel, or aircraft, any personal
property broker, any person or business acting as a real property
securities dealer within the meaning of Section 10237 of the Business
and Professions Code, whether licensed to do so or not, any person
or business acting within the meaning and scope of subdivisions (d)
and (e) of Section 10131 and Section 10131.1 of the Business and
Professions Code, whether licensed to do so or not, any person or
business regularly engaged in gaming within the meaning and scope of
Section 330, any person or business regularly engaged in pool selling
or bookmaking within the meaning and scope of Section 337a, any
person or business regularly engaged in horse racing whether licensed
to do so or not under the Business and Professions Code, any person
or business engaged in the operation of a gambling ship within the
meaning and scope of Section 11317, any person or business engaged in
controlled gambling within the meaning and scope of subdivision (e)
of Section 19805 of the Business and Professions Code, whether
registered to do so or not, and any person or business defined as a
"bank," "financial agency," or "financial institution" by Section
5312 of Title 31 of the United States Code or Section 103.11 of Title
31 of the Code of Federal Regulations and any successor provisions
thereto.
(c) "Transaction" includes the deposit, withdrawal, transfer,
bailment, loan, pledge, payment, or exchange of currency, or a
monetary instrument, as defined by subdivision (d), or the
electronic, wire, magnetic, or manual transfer of funds between
accounts by, through, or to, a financial institution as defined by
subdivision (b).
(d) "Monetary instrument" means United States currency and coin;
the currency, coin, and foreign bank drafts of any foreign country;
payment warrants issued by the United States, this state, or any
city, county, or city and county of this state or any other political
subdivision thereof; any bank check, cashier's check, traveler's
check, or money order; any personal check, stock, investment
security, or negotiable instrument in bearer form or otherwise in a
form in which title thereto passes upon delivery; gold, silver, or
platinum bullion or coins; and diamonds, emeralds, rubies, or
sapphires. Except for foreign bank drafts and federal, state, county,
or city warrants, "monetary instrument" does not include personal
checks made payable to the order of a named party which have not been
endorsed or which bear restrictive endorsements, and also does not
include personal checks which have been endorsed by the named party
and deposited by the named party into the named party's account with
a financial institution.
(e) "Criminal activity" means a criminal offense punishable under
the laws of this state by death or ,
imprisonment in the state prison , or imprisonment
pursuant to sub division (h) of Section 1170 or from
a criminal offense committed in another jurisdiction punishable
under the laws of that jurisdiction by death or imprisonment for a
term exceeding one year.
(f) "Foreign bank draft" means a bank draft or check issued or
made out by a foreign bank, savings and loan, casa de cambio, credit
union, currency dealer or exchanger, check cashing business, money
transmitter, insurance company, investment or private bank, or any
other foreign financial institution that provides similar financial
services, on an account in the name of the foreign bank or foreign
financial institution held at a bank or other financial institution
located in the United States or a territory of the United States.
SEC. 16. Section 288.2 of the Penal
Code is amended to read:
288.2. (a) (1) Every person who, with
knowledge that a person is a minor, or who fails to exercise
reasonable care in ascertaining the true age of a minor, knowingly
distributes, sends, causes to be sent, exhibits, or offers to
distribute or exhibit by any means, including, but not limited to,
live or recorded telephone messages, any harmful matter, as defined
in Section 313, to a minor with the intent of arousing, appealing to,
or gratifying the lust or passions or sexual desires of that person
or of a minor, and with the intent or for the purpose of seducing a
minor, is guilty of a public offense and shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170
in the state prison or in a county jail.
A
(2) A person convicted
of a second and any subsequent conviction for a violation of this
section subdivision is guilty of a
felony. felony and shall be punished by
imprisonment in state prison.
(b) (1) Every person who, with knowledge
that a person is a minor, knowingly distributes, sends, causes to be
sent, exhibits, or offers to distribute or exhibit by electronic
mail, the Internet, as defined in Section 17538 of the Business and
Professions Code, or a commercial online service, any harmful matter,
as defined in Section 313, to a minor with the intent of arousing,
appealing to, or gratifying the lust or passions or sexual desires of
that person or of a minor, and with the intent, or for the purpose
of seducing a minor, is guilty of a public offense and shall be
punished by imprisonment pursuant to subdivision (h) of
Section 1170 in the state prison or in a county
jail.
A
(2) A person convicted of a
second and any subsequent conviction for a violation of this
section subdivision is guilty of a felony
punishable by imprisonment pursuant to subdivision (h) of
Section 1170. in the state prison.
(c) It shall be a defense to any prosecution under this section
that a parent or guardian committed the act charged in aid of
legitimate sex education.
(d) It shall be a defense in any prosecution under this section
that the act charged was committed in aid of legitimate scientific or
educational purposes.
(e) It does not constitute a violation of this section for a
telephone corporation, as defined in Section 234 of the Public
Utilities Code, a cable television company franchised pursuant to
Section 53066 of the Government Code, or any of its affiliates, an
Internet service provider, or commercial online service provider, to
carry, broadcast, or transmit messages described in this section or
perform related activities in providing telephone, cable television,
Internet, or commercial online services.
SEC. 17. Section 296.1 of the Penal
Code is amended to read:
296.1. (a) The specimens, samples, and print impressions required
by this chapter shall be collected from persons described in
subdivision (a) of Section 296 for present and past qualifying
offenses of record as follows:
(1) Collection from any adult person following arrest for a felony
offense as specified in subparagraphs (A), (B), and (C) of paragraph
(2) of subdivision (a) of Section 296:
(A) Each adult person arrested for a felony offense as specified
in subparagraphs (A), (B), and (C) of paragraph (2) of subdivision
(a) of Section 296 shall provide the buccal swab samples and thumb
and palm print impressions and any blood or other specimens required
pursuant to this chapter immediately following arrest, or during the
booking or intake or prison reception center process or as soon as
administratively practicable after arrest, but, in any case, prior to
release on bail or pending trial or any physical release from
confinement or custody.
(B) If the person subject to this chapter did not have specimens,
samples, and print impressions taken immediately following arrest or
during booking or intake procedures or is released on bail or pending
trial or is not confined or incarcerated at the time of sentencing
or otherwise bypasses a prison inmate reception center maintained by
the Department of Corrections and Rehabilitation, the court shall
order the person to report within five calendar days to a county jail
facility or to a city, state, local, private, or other designated
facility to provide the required specimens, samples, and print
impressions in accordance with subdivision (i) of Section 295.
(2) Collection from persons confined or in custody after
conviction or adjudication:
(A) Any person, including any juvenile who is imprisoned or
confined or placed in a state correctional institution, a county
jail, a facility within the jurisdiction of the Department of
Corrections and Rehabilitation, the Corrections Standards Authority,
a residential treatment program, or any state, local, city, private,
or other facility after a conviction of any felony or misdemeanor
offense, or any adjudication or disposition rendered in the case of a
juvenile, whether or not that crime or offense is one set forth in
subdivision (a) of Section 296, shall provide buccal swab samples and
thumb and palm print impressions and any blood or other specimens
required pursuant to this chapter, immediately at intake, or during
the prison reception center process, or as soon as administratively
practicable at the appropriate custodial or receiving institution or
the program in which the person is placed, if:
(i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
(ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
(3) Collection from persons on probation, parole, or other
release:
(A) Any person, including any juvenile, who has a record of any
past or present conviction or adjudication for an offense set forth
in subdivision (a) of Section 296, and who is on probation ,
parole, postrelease community supervision, or parole
mandatory supervision pursuant to paragraph (5) of
subdivision (h) of Section 1170 for any felony or misdemeanor
offense, whether or not that crime or offense is one set forth in
subdivision (a) of Section 296, shall provide buccal swab samples and
thumb and palm print impressions and any blood specimens required
pursuant to this chapter, if:
(i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
(ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
(B) The person shall have any required specimens, samples, and
print impressions collected within five calendar days of being
notified by the court, or a law enforcement agency or other agency
authorized by the Department of Justice. The specimens, samples, and
print impressions shall be collected in accordance with subdivision
(i) of Section 295 at a county jail facility or a city, state, local,
private, or other facility designated for this collection.
(4) Collection from parole violators and others returned to
custody:
(A) If a person, including any juvenile, who has been released on
parole, furlough, or other release for any offense or crime, whether
or not set forth in subdivision (a) of Section 296, is returned to a
state correctional or other institution for a violation of a
condition of his or her parole, furlough, or other release, or for
any other reason, that person shall provide buccal swab samples and
thumb and palm print impressions and any blood or other specimens
required pursuant to this chapter, at a state correctional or other
receiving institution, if:
(i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
(ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
(5) Collection from persons accepted into California from other
jurisdictions:
(A) When an offender from another state is accepted into this
state under any of the interstate compacts described in Article 3
(commencing with Section 11175) or Article 4 (commencing with Section
11189) of Chapter 2 of Title 1 of Part 4 of this code, or Chapter 4
(commencing with Section 1300) 1400) of
Part 1 of Division 2 of the Welfare and Institutions Code, or under
any other reciprocal agreement with any county, state, or federal
agency, or any other provision of law, whether or not the offender is
confined or released, the acceptance is conditional on the offender
providing blood specimens, buccal swab samples, and palm and thumb
print impressions pursuant to this chapter, if the offender has a
record of any past or present conviction or adjudication in
California of a qualifying offense described in subdivision (a) of
Section 296 or has a record of any past or present conviction or
adjudication or had a disposition rendered in any other court,
including any state, federal, or military court, of any offense that,
if committed or attempted in this state, would have been punishable
as an offense described in subdivision (a) of Section 296.
(B) If the person is not confined, the specimens, samples, and
print impressions required by this chapter must be provided within
five calendar days after the person reports to the supervising agent
or within five calendar days of notice to the person, whichever
occurs first. The person shall report to a county jail facility in
the county where he or she resides or temporarily is located to have
the specimens, samples, and print impressions collected pursuant to
this chapter. The specimens, samples, and print impressions shall be
collected in accordance with subdivision (i) of Section 295.
(C) If the person is confined, he or she shall provide the blood
specimens, buccal swab samples, and thumb and palm print impressions
required by this chapter as soon as practicable after his or her
receipt in a state, county, city, local, private, or other designated
facility.
(6) Collection from persons in federal institutions:
(A) Subject to the approval of the Director of the FBI, persons
confined or incarcerated in a federal prison or federal institution
who have a record of any past or present conviction or juvenile
adjudication for a qualifying offense described in subdivision (a) of
Section 296, or of a similar crime under the laws of the United
States or any other state that would constitute an offense described
in subdivision (a) of Section 296, are subject to this chapter and
shall provide blood specimens, buccal swab samples, and thumb and
palm print impressions pursuant to this chapter if any of the
following apply:
(i) The person committed a qualifying offense in California.
(ii) The person was a resident of California at the time of the
qualifying offense.
(iii) The person has any record of a California conviction for an
offense described in subdivision (a) of Section 296, regardless of
when the crime was committed.
(iv) The person will be released in California.
(B) The Department of Justice DNA Laboratory shall, upon the
request of the United States Department of Justice, forward portions
of the specimens or samples, taken pursuant to this chapter, to the
United States Department of Justice DNA databank laboratory. The
specimens and samples required by this chapter shall be taken in
accordance with the procedures set forth in subdivision (i) of
Section 295. The Department of Justice DNA Laboratory is authorized
to analyze and upload specimens and samples collected pursuant to
this section upon approval of the Director of the FBI.
(b) Paragraphs (2), (3), (4), (5), and (6) of subdivision (a)
shall have retroactive application. Collection shall occur pursuant
to paragraphs (2), (3), (4), (5), and (6) of subdivision (a)
regardless of when the crime charged or committed became a qualifying
offense pursuant to this chapter, and regardless of when the person
was convicted of the qualifying offense described in subdivision (a)
of Section 296 or a similar crime under the laws of the United States
or any other state, or pursuant to the United States Code of
Military Justice, 10 U.S.C., Sections 801 and following, or when a
juvenile petition is sustained for commission of a qualifying offense
described in subdivision (a) of Section 296 or a similar crime under
the laws of the United States or any other state.
SEC. 18. Section 417.6 of the Penal
Code is amended to read:
417.6. (a) If, in the commission of a violation of Section 417 or
417.8, serious bodily injury is intentionally inflicted by the
person drawing or exhibiting the firearm or deadly weapon, the
offense shall be punished by imprisonment in the county jail not
exceeding one year or by imprisonment pursuant to
subdivision (h) of Section 1170. in state prison.
(b) As used in this section, "serious bodily injury" means a
serious impairment of physical condition, including, but not limited
to, the following: loss of consciousness; concussion; bone fracture;
protracted loss or impairment of function of any bodily member or
organ; a wound requiring extensive suturing; and serious
disfigurement.
(c) When a person is convicted of a violation of Section 417 or
417.8 and the deadly weapon or firearm used by the person is owned by
that person, the court shall order that the weapon or firearm be
deemed a nuisance and disposed of in the manner provided by Sections
18000 and 18005.
SEC. 19. Section 476a of the Penal Code
is amended to read:
476a. (a) Any person who , for himself or
herself, as the agent or representative of another ,
or as an officer of a corporation, willfully, with intent to
defraud, makes or draws or utters or delivers any
a check, draft, or draft or
order upon any a bank or depositary,
or a person, or
a firm, or a corporation, for the payment of money,
knowing at the time of that making, drawing, uttering, or delivering
that the maker or drawer or the corporation has not sufficient funds
in, or credit with the bank or depositary, or
person, or firm, or corporation, for the payment
of that check, draft, or order and all other checks, drafts, or
orders upon funds then outstanding, in full upon its presentation,
although no express representation is made with reference thereto, is
punishable by imprisonment in a county jail for not more than one
year, or in the state prison. pursuant to
subdivision (h) of Section 1170.
(b) However, if the total amount of all such
checks, drafts, or orders that the defendant is charged with and
convicted of making, drawing, or uttering does not exceed four
hundred fifty dollars ($450), the offense is punishable only by
imprisonment in the county jail for not more than one year ,
except that this . This subdivision shall not
be applicable if the defendant has previously been convicted of a
violation of Section 470, 475, or 476, or of this section, or of the
crime of petty theft in a case in which defendant's offense was a
violation also of Section 470, 475, or 476 or of this section or if
the defendant has previously been convicted of any offense under the
laws of any other state or of the United States which, if committed
in this state, would have been punishable as a violation of Section
470, 475 or 476 or of this section or if he has been so convicted of
the crime of petty theft in a case in which, if defendant's offense
had been committed in this state, it would have been a violation also
of Section 470, 475, or 476, or of this section.
(c) Where the check, draft, or order is protested ,
on the ground of insufficiency of funds or credit, the
notice of protest shall be admissible as proof of presentation,
nonpayment , and protest and shall be presumptive evidence
of knowledge of insufficiency of funds or credit with the bank or
depositary, or person, or firm,
or corporation.
(d) In any prosecution under this section involving two or more
checks, drafts, or orders, it shall constitute prima facie evidence
of the identity of the drawer of a check, draft, or order if both of
the following occur:
(1) When the payee accepts the check, draft , or order
from the drawer, he or she obtains from the drawer the following
information: name and residence of the drawer, business or mailing
address, either a valid driver's license number or Department of
Motor Vehicles identification card number, and the drawer's home or
work phone number or place of employment. That information may be
recorded on the check, draft, or order itself or may be retained on
file by the payee and referred to on the check, draft, or order by
identifying number or other similar means.
(2) The person receiving the check, draft, or order witnesses the
drawer's signature or endorsement, and, as evidence of that, initials
the check, draft, or order at the time of receipt.
(e) The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the bank or depositary or
person , person, firm, or firm or
corporation for the payment of such
a check, draft , or order.
(f) If any of the preceding paragraphs, or parts thereof, shall be
found unconstitutional or invalid, the remainder of this section
shall not thereby be invalidated, but shall remain in full force and
effect.
(g) A sheriff's department, police department, or other law
enforcement agency may collect a fee from the defendant for
investigation, collection, and processing of checks referred to their
agency for investigation of alleged violations of this section or
Section 476.
The
(h) The amount of the fee shall
not exceed twenty-five dollars ($25) for each bad check
check, in addition to the amount of any bank
charges incurred by the victim as a result of the alleged offense. If
the sheriff's department, police department, or other law
enforcement agency collects any a fee
for bank charges incurred by the victim pursuant to this section,
that fee shall be paid to the victim for any bank fees the victim may
have been assessed. In no event shall reimbursement of the bank
charge to the victim pursuant to this section exceed ten dollars
($10) per check.
SEC. 20. Section 647.6 of the Penal
Code is amended to read:
647.6. (a) (1) Every person who annoys or molests any child under
18 years of age shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail not
exceeding one year, or by both the fine and imprisonment.
(2) Every person who, motivated by an unnatural or abnormal sexual
interest in children, engages in conduct with an adult whom he or
she believes to be a child under 18 years of age, which conduct, if
directed toward a child under 18 years of age, would be a violation
of this section, shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail for up to
one year, or by both that fine and imprisonment.
(b) Every person who violates this section after having entered,
without consent, an inhabited dwelling house, or trailer coach as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170, in the
state prison, or in a county jail not exceeding one year, and
by a fine not exceeding five thousand dollars ($5,000).
(c) (1) Every person who violates this section shall be punished
upon the second and each subsequent conviction by imprisonment
pursuant to subdivision (h) of Section 1170.
in the state prison.
(2) Every person who violates this section after a previous felony
conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or
289, any of which involved a minor under 16 years of age, or a
previous felony conviction
under this section, a conviction under Section 288, or a felony
conviction under Section 311.4 involving a minor under 14 years of
age shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 in the state prison
for two, four, or six years.
(d) (1) In any case in which a person is convicted of violating
this section and probation is granted, the court shall require
counseling as a condition of probation, unless the court makes a
written statement in the court record, that counseling would be
inappropriate or ineffective.
(2) In any case in which a person is convicted of violating this
section, and as a condition of probation, the court prohibits the
defendant from having contact with the victim, the court order
prohibiting contact shall not be modified except upon the request of
the victim and a finding by the court that the modification is in the
best interest of the victim. As used in this paragraph, "contact
with the victim" includes all physical contact, being in the presence
of the victim, communication by any means, any communication by a
third party acting on behalf of the defendant, and any gifts.
(e) Nothing in this section prohibits prosecution under any other
provision of law.
SEC. 21. Section 653f of the Penal Code
is amended to read:
653f. (a) Every person who, with the intent that the crime be
committed, solicits another to offer, accept, or join in the offer or
acceptance of a bribe, or to commit or join in the commission of
carjacking, robbery, burglary, grand theft, receiving stolen
property, extortion, perjury, subornation of perjury, forgery,
kidnapping, arson or assault with a deadly weapon or instrument or by
means of force likely to produce great bodily injury, or, by the use
of force or a threat of force, to prevent or dissuade any person who
is or may become a witness from attending upon, or testifying at,
any trial, proceeding, or inquiry authorized by law, shall be
punished by imprisonment in a county jail for not more than one year
or pursuant to subdivision (h) of Section 1170, or by a fine of not
more than ten thousand dollars ($10,000), or the amount which could
have been assessed for commission of the offense itself, whichever is
greater, or by both the fine and imprisonment.
(b) Every person who, with the intent that the crime be committed,
solicits another to commit or join in the commission of murder shall
be punished by imprisonment in the state prison for three, six, or
nine years.
(c) Every person who, with the intent that the crime be committed,
solicits another to commit rape by force or violence, sodomy by
force or violence, oral copulation by force or violence, or any
violation of Section 264.1, 288, or 289, shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170
in the state prison for two, three, or four
years.
(d) (1) Every person who, with the intent that the crime be
committed, solicits another to commit an offense specified in Section
11352, 11379, 11379.5, 11379.6, or 11391 of the Health and Safety
Code shall be punished by imprisonment in a county jail not exceeding
six months. Every person, who, having been convicted of soliciting
another to commit an offense specified in this subdivision, is
subsequently convicted of the proscribed solicitation, shall be
punished by imprisonment in a county jail not exceeding one year, or
pursuant to subdivision (h) of Section 1170.
(2) This subdivision does not apply where the term of imprisonment
imposed under other provisions of law would result in a longer term
of imprisonment.
(e) Every person who, with the intent that the crime be committed,
solicits another to commit an offense specified in Section 14014 of
the Welfare and Institutions Code shall be punished by imprisonment
in a county jail for not exceeding six months. Every person who,
having been convicted of soliciting another to commit an offense
specified in this subdivision, is subsequently convicted of the
proscribed solicitation, shall be punished by imprisonment in a
county jail not exceeding one year, or pursuant to subdivision (h) of
Section 1170.
(f) An offense charged in violation of subdivision (a), (b), or
(c) shall be proven by the testimony of two witnesses, or of one
witness and corroborating circumstances. An offense charged in
violation of subdivision (d) or (e) shall be proven by the testimony
of one witness and corroborating circumstances.
SEC. 22. Section 667.5 of the Penal
Code is amended to read:
667.5. Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
(a) Where one of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any
other prison terms therefor, the court shall impose a three-year term
for each prior separate prison term served by the defendant where
the prior offense was one of the violent felonies specified in
subdivision (c). However, no additional term shall be imposed under
this subdivision for any prison term served prior to a period of 10
years in which the defendant remained free of both prison custody and
the commission of an offense which results in a felony conviction.
(b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence or a sentence of imprisonment
in a county jail under subdivision (h) of Section 1170 is imposed or
is not suspended, in addition and consecutive to any other sentence
therefor, the court shall impose a one-year term for each prior
separate prison term or county jail term imposed under subdivision
(h) of Section 1170 or when sentence is not suspended for any felony;
provided that no additional term shall be imposed under this
subdivision for any prison term or county jail term imposed under
subdivision (h) of Section 1170 or when sentence is not suspended
prior to a period of five years in which the defendant remained free
of both the commission of an offense which results in a felony
conviction, and prison custody or the imposition of a term of jail
custody imposed under subdivision (h) of Section 1170 or any felony
sentence that is not suspended. A term imposed under the provisions
of paragraph (5) of subdivision (h) of Section 1170, wherein a
portion of the term is suspended by the court to allow
postrelease mandatory supervision, shall qualify
as a prior county jail term for the purposes of the one-year
enhancement.
(c) For the purpose of this section, "violent felony" shall mean
any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation as defined in subdivision (c) or (d) of
Section 288a.
(6) Lewd or lascivious act as defined in subdivision (a) or (b) of
Section 288.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or
after July 1, 1977, or as specified prior to July 1, 1977, in
Sections 213, 264, and 461, or any felony in which the defendant uses
a firearm which use has been charged and proved as provided in
subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration as defined in subdivision (a) or (j) of
Section 289.
(12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in
violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section
288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22 of the
Penal Code.
(21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. The
Legislature finds and declares that these specified crimes merit
special consideration when imposing a sentence to display society's
condemnation for these extraordinary crimes of violence against the
person.
(d) For the purposes of this section, the defendant shall be
deemed to remain in prison custody for an offense until the official
discharge from custody , including any period of mandatory
supervision, or until release on parole ,
or postrelease community supervision, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment or custody in county jail
for escape from custody or is reimprisoned on revocation of parole
or postrelease community supervision . The additional
penalties provided for prior prison terms shall not be imposed unless
they are charged and admitted or found true in the action for the
new offense.
(e) The additional penalties provided for prior prison terms shall
not be imposed for any felony for which the defendant did not serve
a prior separate term in state prison or in county jail under
subdivision (h) of Section 1170.
(f) A prior conviction of a felony shall include a conviction in
another jurisdiction for an offense which, if committed in
California, is punishable by imprisonment in the state prison or in
county jail under subdivision (h) of Section 1170 if the defendant
served one year or more in prison for the offense in the other
jurisdiction. A prior conviction of a particular felony shall include
a conviction in another jurisdiction for an offense which includes
all of the elements of the particular felony as defined under
California law if the defendant served one year or more in prison for
the offense in the other jurisdiction.
(g) A prior separate prison term for the purposes of this section
shall mean a continuous completed period of prison incarceration
imposed for the particular offense alone or in combination with
concurrent or consecutive sentences for other crimes, including any
reimprisonment on revocation of parole which is not accompanied by a
new commitment to prison, and including any reimprisonment after an
escape from incarceration.
(h) Serving a prison term includes any confinement time in any
state prison or federal penal institution as punishment for
commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in
the jurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State
Department of Mental Health as a mentally disordered sex offender
following a conviction of a felony, which commitment exceeds one year
in duration, shall be deemed a prior prison term.
(j) For the purposes of this section, when a person subject to the
custody, control, and discipline of the Director
Secretary of Corrections and Rehabilitation is
incarcerated at a facility operated by the Department
Division of the Youth Authority,
Juvenile Justice, that incarceration shall be
deemed to be a term served in state prison.
(k) (1) Notwithstanding subdivisions (d) and (g) or any other
provision of law, where one of the new offenses is committed while
the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility
pursuant to Section 3416, 6253, or 6263, or while the defendant is on
furlough pursuant to Section 6254, the defendant shall be subject to
the full enhancements provided for in this section.
(2) This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.
SEC. 23. Section 669 of the Penal Code
is amended to read:
669. (a) When any a
person is convicted of two or more crimes, whether in the same
proceeding or court or in different proceedings or courts, and
whether by judgment rendered by the same judge or by different
judges, the second or other subsequent judgment upon which sentence
is ordered to be executed shall direct whether the terms of
imprisonment or any of them to which he or she is sentenced shall run
concurrently or consecutively. Life sentences, whether with or
without the possibility of parole, may be imposed to run
consecutively with one another, with any term imposed for applicable
enhancements, or with any other term of imprisonment for a felony
conviction. Whenever a person is committed to prison on a life
sentence which is ordered to run consecutive to any determinate term
of imprisonment, the determinate term of imprisonment shall be served
first and no part thereof shall be credited toward the person's
eligibility for parole as calculated pursuant to Section 3046 or
pursuant to any other section of law that establishes a minimum
period of confinement under the life sentence before eligibility for
parole.
In
(b) In the event that the court
at the time of pronouncing the second or other judgment upon that
person had no knowledge of a prior existing judgment or judgments, or
having knowledge, fails to determine how the terms of imprisonment
shall run in relation to each other, then, upon that failure to
determine, or upon that prior judgment or judgments being brought to
the attention of the court at any time prior to the expiration of 60
days from and after the actual commencement of imprisonment upon the
second or other subsequent judgments, the court shall, in the absence
of the defendant and within 60 days of the notice, determine how the
term of imprisonment upon the second or other subsequent judgment
shall run with reference to the prior incompleted term or terms of
imprisonment. Upon the failure of the court to determine how the
terms of imprisonment on the second or subsequent judgment shall run,
the term of imprisonment on the second or subsequent judgment shall
run concurrently.
The
(c) The Department of Corrections
and Rehabilitation shall advise the court pronouncing the
second or other subsequent judgment of the existence of all prior
judgments against the defendant, the terms of imprisonment
upon of which have not been completely served.
(d) When a court imposes a concurrent term of imprisonment and
imprisonment for one of the crimes is required to be served in the
state prison, the term for all crimes shall be served in the state
prison, even if the term for any other offense specifies imprisonment
in a county jail pursuant to subdivision (h) of Section 1170.
SEC. 24. Section 802 of the Penal Code
is amended to read:
802. (a) Except as provided in subdivision (b), (c), or (d),
prosecution for an offense not punishable by death or imprisonment in
the state prison or pursuant to subdivision (h) of Section 1170
shall be commenced within one year after commission of the
offense.
(b) Prosecution for a misdemeanor violation of Section 647.6 or
former Section 647a committed with or upon a minor under the age of
14 years shall be commenced within three years after commission of
the offense.
(c) Prosecution of a misdemeanor violation of Section 729 of the
Business and Professions Code shall be commenced within two years
after commission of the offense.
(d) Prosecution of a misdemeanor violation of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code shall be commenced as follows:
(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the
Business and Professions Code, within one year of the commission of
the offense.
(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4,
7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only),
7159.14 (licensee only), 7161, and 7189 of the Business and
Professions Code, within two years of the commission of the offense.
(3) With respect to Sections 7027.3 and 7028.16 of the Business
and Professions Code, within three years of the commission of the
offense.
(4) With respect to Sections 7028, 7159.5 (nonlicensee only) and
7159.14 (nonlicensee only), of the Business and Professions Code,
within four years of the commission of the offense.
(e) This section shall become operative on July 1, 2005, only if
Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes
effective on or before January 1, 2005.
SEC. 25. Section 830.5 of the Penal
Code is amended to read:
830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statues
Statutes of 2002. Except as specified in this
section, these peace officers may carry firearms only if authorized
and under those terms and conditions specified by their employing
agency:
(a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole, probation, mandatory
supervision, or postrelease community supervision by any person
in this state on parole, probation, mandatory supervision,
or postrelease community supervision.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole, probation,
mandatory supervision, or postrelease community supervision.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) (A) To the rendering of mutual aid to any other law
enforcement agency.
(B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
(C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
(D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
(b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
(c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm under this subdivision. That
person shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
(e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
(f) The secretary shall promulgate regulations consistent with
this section.
(g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
(h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
(i) This section is operative January 1, 2012.
SEC. 26. Section 836.6 of the Penal
Code is amended to read:
836.6. (a) It is unlawful for any person who is remanded by a
magistrate or judge of any court in this state to the custody of a
sheriff, marshal, or other police agency, to thereafter escape or
attempt to escape from that custody.
(b) It is unlawful for any person who has been lawfully arrested
by any peace officer and who knows, or by the exercise of reasonable
care should have known, that he or she has been so arrested, to
thereafter escape or attempt to escape from that peace officer.
(c) Any person who violates subdivision (a) or (b) is guilty of a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year. However, if the escape or attempted escape is by
force or violence, and the person proximately causes a peace officer
serious bodily injury, the person shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170
in the state prison for two, three, or four years, or by
imprisonment in a county jail not to exceed one year.
SEC. 27. Section 1170 of the
Penal Code , as amended by Section 6.7 of Chapter 361 of
the Statutes of 2011, 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. 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) 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 resentence 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.
(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 court, when imposing a sentence pursuant to paragraph (1)
or (2) of this subdivision, may commit the defendant to county jail
as follows:
(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 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.
(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.
(i) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date.
SEC. 28. Section 1170 of the Penal Code
, as amended by Section 7.7 of Chapter 361 of
the Statutes of 2011, 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. 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) 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 resentence 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.
(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 of 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 court, when imposing a sentence pursuant to paragraph (1)
or (2) of this subdivision, may commit the defendant to county jail
as follows:
(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 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.
(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.
(i) This section shall become operative on January 1, 2014.
SEC. 29. Section 1203.018 of the Penal
Code is amended to read:
1203.018. (a) Notwithstanding any other law, this section shall
only apply to inmates being held in lieu of bail and on no other
basis.
(b) Notwithstanding any other law, the board of supervisors of any
county may authorize the correctional administrator, as defined in
paragraph (1) of subdivision (k), to offer a program under which
inmates being held in lieu of bail in a county jail or other county
correctional facility may participate in an electronic monitoring
program if the conditions specified in subdivision (c) are met.
(c) (1) In order to qualify for participation in an electronic
monitoring program pursuant to this section, the inmate must be an
inmate with no holds or outstanding warrants to whom one of the
following circumstances applies:
(A) The inmate has been held in custody for at least 30 calendar
days from the date of arraignment pending disposition of only
misdemeanor charges.
(B) The inmate has been held in custody pending disposition of
charges for at least 60 calendar days from the date of arraignment.
(C) The inmate is appropriate for the program based on a
determination by the correctional administrator that the inmate's
participation would be consistent with the public safety interests of
the community.
(2) All participants shall be subject to discretionary review for
eligibility and compliance by the correctional administrator
consistent with this section.
(d) The board of supervisors, after consulting with the sheriff
and district attorney, may prescribe reasonable rules and regulations
under which an electronic monitoring program pursuant to this
section may operate. As a condition of participation in the
electronic monitoring program, the participant shall give his or her
consent in writing to participate and shall agree in writing to
comply with the rules and regulations of the program, including, but
not limited to, all of the following:
(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.
(2) The participant shall admit any person or agent designated by
the correctional administrator into his or her residence at any time
for purposes of verifying the participant's compliance with the
conditions of his or her detention.
(3) The electronic monitoring may include global positioning
system devices or other supervising devices for the purpose of
helping to verify the participant's compliance with the rules and
regulations of the electronic monitoring program. The electronic
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the participant and the person
supervising the participant to be used solely for the purposes of
voice identification.
(4) The correctional administrator in charge of the county
correctional facility from which the participant was released may,
without further order of the court, immediately retake the person
into custody if the electronic monitoring or supervising devices are
unable for any reason to properly perform their function at the
designated place of home detention, if the person fails to remain
within the place of home detention as stipulated in the agreement, if
the person willfully fails to pay fees to the provider of electronic
home detention services, as stipulated in the agreement, subsequent
to the written notification of the participant that the payment has
not been received and that return to custody may result, or if the
person for any other reason no longer meets the established criteria
under this section.
(5) A copy of the signed consent to participate and a copy of the
agreement to comply with the rules and regulations shall be provided
to the participant and a copy shall be retained by the correctional
administrator.
(e) The rules and regulations and administrative policy of the
program shall be reviewed on an annual basis by the county board of
supervisors and the correctional administrator. The rules and
regulations shall be given to every participant.
(f) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the correctional administrator, and without
a warrant of arrest, retake the person into custody.
(g) (1) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in an
electronic monitoring program only if the correctional administrator
concludes that the person meets the criteria for release established
under this section and that the person's participation is consistent
with any reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.
(2) The correctional administrator, or his or her designee, shall
have discretionary authority consistent with this section to permit
program participation as an alternative to physical custody. All
persons approved by the correctional administrator to participate in
the electronic monitoring program pursuant to subdivision (c) who are
denied participation and all persons removed from program
participation shall be notified in writing of the specific reasons
for the denial or removal. The notice of denial or removal shall
include the participant's appeal rights, as established by program
administrative policy.
(h) The correctional administrator may permit electronic
monitoring program participants to seek and retain employment in the
community, attend psychological counseling sessions or educational or
vocational training classes, or seek medical and dental assistance.
(i) Willful failure of the program participant to return to the
place of home detention prior to the expiration of any period of time
during which he or she is authorized to be away from the place of
home detention pursuant to this section and unauthorized departures
from the place of home detention is punishable pursuant to Section
4532.
(j) The board of supervisors may prescribe a program
administrative fee to be paid by each electronic monitoring
participant.
(k) For purposes of this section, the following terms have the
following meanings:
(1) "Correctional administrator" means the sheriff, probation
officer, or director of the county department of corrections.
(2) "Electronic monitoring program" includes, but is not limited
to, home detention programs, work furlough programs, and work release
programs.
( l ) Notwithstanding any other law, upon request of a
local law enforcement agency with jurisdiction over the location
where a participant in an electronic monitoring program is placed,
the correctional administrator shall provide the following
information regarding participants in the electronic monitoring
program:
(1) The participant's name, address, and date of birth.
(2) The offense or offenses alleged to have been committed by the
participant.
(3) The period of time the participant will be placed on home
detention.
(4) Whether the participant successfully completed the prescribed
period of home detention or was returned to a county correctional
facility, and if the person was returned to a county correctional
facility, the reason for the return.
(5) The gender and ethnicity of the participant.
(m) Any information received by a law enforcement agency pursuant
to subdivision ( l ) shall be used only for the purpose of
monitoring the impact of home electronic monitoring programs in the
community.
(n) It is the intent of the Legislature that electronic monitoring
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:
(1) The correctional administrator, with the approval of the board
of supervisors, may administer an electronic monitoring program as
provided in this section pursuant to written contracts with
appropriate public or private agencies or entities to provide
specified program services. No public or private agency or entity may
operate a home detention program pursuant to this section in any
county without a written contract with that county's correctional
administrator. No public or private agency or entity entering into a
contract pursuant to this subdivision may itself employ any person
who is in the electronic monitoring program.
(2) Program participants shall undergo the normal booking process
for arrestees entering the jail. All electronic monitoring program
participants shall be supervised.
(3) (A) All privately operated electronic monitoring programs
shall be under the jurisdiction of, and subject to the terms and
conditions of the contract entered into with, the correctional
administrator.
(B) Each contract specified in subparagraph (A) shall include, but
not be limited to, all of the following:
(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards and all state and
county laws applicable to the operation of electronic monitoring
programs and the supervision of offenders in an electronic monitoring
program.
(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.
(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted to and
approved by the board of supervisors, in amounts and under conditions
sufficient to fully indemnify the county for reasonably foreseeable
public liability, including legal defense costs that may arise from,
or be proximately caused by, acts or omissions of the contractor.
(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates of
insurance or copies of insurance policies, prior to commencing any
operations pursuant to the contract or at any time requested by the
board of supervisors or correctional administrator.
(v) A provision that requires an annual review by the correctional
administrator to ensure compliance with requirements set by the
board of supervisors and for adjustment of the financial
responsibility requirements if warranted by caseload changes or other
factors.
(vi) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity at
any time that the contractor fails to demonstrate evidence of
financial responsibility.
(C) All privately operated electronic monitoring programs shall
comply with all applicable ordinances and regulations specified in
subdivision (a) of Section 1208.
(D) The board of supervisors, the correctional administrator, and
the designee of the correctional administrator shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.
(E) The failure of the private agency or entity to comply with
state or county laws or with the standards established by the
contract with the correctional administrator shall constitute cause
to terminate the contract.
(F) Upon the discovery that a private agency or entity with which
there is a contract is not in compliance with this paragraph, the
correctional administrator shall give 60 days' notice to the director
of the private agency or entity that the contract may be canceled if
the specified deficiencies are not corrected.
(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.
(H) For purposes of this section, "evidence of financial
responsibility" may include, but is not limited to, certified copies
of any of the following:
(i) A current liability insurance policy.
(ii) A current errors and omissions insurance policy.
(iii) A surety bond.
SEC. 30. Section 1203.2 of the Penal
Code is amended to read:
1203.2. (a) At any time during the probationary
period of supervision of a person (1)
released on probation under the care of a probation officer pursuant
to this chapter, or of a person (2)
released on conditional sentence or summary probation not under the
care of a probation officer, (3) placed on mandatory supervision
pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of
Section 1170, (4) subject to revocation of postrelease community
supervision pursuant to Section 3455, or (5) subject to revocation of
parole supervision pursuant to Section 3000.08, if any
probation officer , parole officer, or peace officer has
probable cause to believe that the probationer
supervised person is violating any term or condition of
his or her probation or conditional sentence,
supervision, the officer may, without warrant or other process
and at any time until the final disposition of the case, rearrest
the supervised person and bring him or her before the
court or the court may, in its discretion, issue a warrant for his or
her rearrest. Upon such rearrest, or upon the issuance of a warrant
for rearrest the court may revoke and terminate such
probation the supervision of the person if the
interests of justice so require and the court, in its judgment, has
reason to believe from the report of the probation or parole
officer or otherwise that the person has violated any of the
conditions of his or her probation,
supervision, has become abandoned to improper associates or a
vicious life, or has subsequently committed other offenses,
regardless whether he or she has been prosecuted for such offenses.
However, probation the court shall not
terminate parole pursuant to this section. Supervision shall
not be revoked for failure of a person to make restitution
pursuant to Section 1203.04 imposed as a
condition of probation supervision
unless the court determines that the defendant has willfully failed
to pay and has the ability to pay. Restitution shall be consistent
with a person's ability to pay. The revocation, summary or otherwise,
shall serve to toll the running of the probationary period.
period of supervision.
(b) (1) Upon its own motion or upon the
petition of the probationer, supervised
person, the probation or parole officer or the
district attorney of the county in which the probationer
person is supervised, the court may modify,
revoke, or terminate the probation
supervision of the probationer person
pursuant to this subdivision , exc ept that the
court shall not terminate parole pursuant to this section. A person
supervised on parole or postrelease community supervision pursuant to
Section 3455 may not petition the court pursuant to this section for
early release from supervision, and a petition under this section
shall not be filed solely for the purpose of modifying parole.
Nothing in this section shall prohibit the court from modifying
parole when acting on its own motion or a petition to revoke parole
. The court shall give notice of its motion, and the probation
or parole officer or the district attorney shall give
notice of his or her petition to the probationer,
supervised person, his or her attorney of record, and the
district attorney or the probation or parole officer, as
the case may be. The probationer supervised
person shall give notice of his or her petition to the
probation or parole officer and notice of any motion or
petition shall be given to the district attorney in all cases. The
court shall refer its motion or the petition to the probation or
parole officer. After the receipt of a written report from the
probation or parole officer, the court shall read and
consider the report and either its motion or the petition and may
modify, revoke, or terminate the probation
supervision of the probationer
supervised person upon the grounds set forth in subdivision (a)
if the interests of justice so require.
The
(2) The notice required by this
subdivision may be given to the probationer
supervised person upon his or her first court appearance in the
proceeding. Upon the agreement by the probationer
supervised person in writing to the specific terms of a
modification or termination of a specific term of probation,
supervision, any requirement that the
probationer supervised person make a personal
appearance in court for the purpose of a modification or termination
shall be waived. Prior to the modification or termination and waiver
of appearance, the probationer supervised
person shall be informed of his or her right to consult with
counsel, and if indigent the right to secure court appointed counsel.
If the probationer supervised person
waives his or her right to counsel a written waiver shall be
required. If probationer the supervised
person consults with counsel and thereafter agrees to a
modification modification, revocation,
or termination of the term of probation
supervision and waiver of personal appearance, the agreement
shall be signed by counsel showing approval for the modification or
termination and waiver.
(c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for any
time within the longest period for which the person might have been
sentenced. However, if the judgment has been pronounced and the
execution thereof has been suspended, the court may revoke the
suspension and order that the judgment shall be in full force and
effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits herein
provided for.
(d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon the
revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of the Youth
Authority Corrections and Rehabilitation, Division of
Juvenile Facilities if he or she is otherwise eligible for such
commitment.
(e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for good
cause upon motion made before pronouncement of judgment. If probation
has been revoked after the judgment has been pronounced, the
judgment and the order which revoked the probation may be set aside
for good cause within 30 days after the court has notice that the
execution of the sentence has commenced. If an order setting aside
the judgment, the revocation of probation, or both is made after the
expiration of the probationary period, the court may again place the
person on probation for that period and with those terms and
conditions as it could have done immediately following conviction.
(f) As used in this section, the following definitions shall
apply:
(1) "Court" means a judge, magistrate, or revocation hearing
officer described in Section 71622.5 of the Government Code.
(2) "Probation officer" means a probation officer as described in
Section 1203 or an officer of the agency designated by the board of
supervisors of a county to implement postrelease community
supervision pursuant to Section 3451.
(3) "Supervised person" means a person who satisfies any of the
following:
(A) He or she is released on probation subject to the supervision
of a probation officer.
(B) He or she is released on conditional sentence or summary
probation not under the care of a probation officer.
(C) He or she is subject to mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
(D) He or she is subject to revocation of postrelease community
supervision pursuant to Section 3455.
(E) He or she is subject to revocation of parole pursuant to
Section 3000.08.
(g) Nothing in this section affects the authority of the
supervising agency to impose intermediate sanctions, including flash
incarceration, to persons supervised on parole pursuant to Section
3000.8 or postrelease community supervision pursuant to Part 3
(commencing with Section 3450) of Title 2.05.
SEC. 31. Section 1203.3 of the Penal
Code is amended to read:
1203.3. (a) The court shall have authority at any time during the
term of probation to revoke, modify, or change its order of
suspension of imposition or execution of sentence. The court may at
any time when the ends of justice will be subserved thereby, and when
the good conduct and reform of the person so held on probation shall
warrant it, terminate the period of probation, and discharge the
person so held. The court shall also have the authority at any
time during the term of mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170
to revoke, modify, or change the conditions of the court's order
suspending the execution of the concluding portion of the
supervised person's term.
(b) The exercise of the court's authority in subdivision (a) to
revoke, modify, change, or change probation
or mandatory supervision, or to terminate probation
probation, is subject to the following:
(1) Before any sentence or term or condition of probation or
condition of mandatory supervision is modified, a hearing shall
be held in open court before the judge. The prosecuting attorney
shall be given a two-day written notice and an opportunity to be
heard on the matter, except that, as to modifying or terminating a
protective order in a case involving domestic violence, as defined in
Section 6211 of the Family Code, the prosecuting attorney shall be
given a five-day written notice and an opportunity to be heard.
(A) If the sentence or term or condition of probation or the
term or any condition of mandatory supervision is modified
pursuant to this section, the judge shall state the reasons for that
modification on the record.
(B) As used in this section, modification of sentence shall
include reducing a felony to a misdemeanor.
(2) No order shall be made without written notice first given by
the court or the clerk thereof to the proper probation officer of the
intention to revoke, modify, or change its order.
(3) In all probation cases, if the court has not seen
fit to revoke the order of probation and impose sentence or pronounce
judgment, the defendant shall at the end of the term of probation or
any extension thereof, be by the court discharged subject to the
provisions of these sections.
(4) The court may modify the time and manner of the term of
probation for purposes of measuring the timely payment of restitution
obligations or the good conduct and reform of the defendant while on
probation. The court shall not modify the dollar amount of the
restitution obligations due to the good conduct and reform of the
defendant, absent compelling and extraordinary reasons, nor shall the
court limit the ability of payees to enforce the obligations in the
manner of judgments in civil actions.
(5) Nothing in this section shall be construed to prohibit the
court from modifying the dollar amount of a restitution order
pursuant to subdivision (f) of Section 1202.4 at any time during the
term of the probation.
(6) The court may limit or terminate a protective order that is a
condition of probation or mandatory supervision in a case
involving domestic violence, as defined in Section 6211 of the Family
Code. In determining whether to limit or terminate the
protective order, the court shall
consider if there has been any material change in circumstances since
the crime for which the order was issued, and any issue that relates
to whether there exists good cause for the change, including, but
not limited to, consideration of all of the following:
(A) Whether the probationer or supervised person has
accepted responsibility for the abusive behavior perpetrated against
the victim.
(B) Whether the probationer or supervised person is
currently attending and actively participating in counseling
sessions.
(C) Whether the probationer or supervised person has
completed parenting counseling, or attended alcoholics or narcotics
counseling.
(D) Whether the probationer or supervised person has
moved from the state, or is incarcerated.
(E) Whether the probationer or supervised person is
still cohabiting, or intends to cohabit, with any subject of the
order.
(F) Whether the defendant has performed well on probation
, or mandatory supervision, including
consideration of any progress reports.
(G) Whether the victim desires the change, and if so, the victim's
reasons, whether the victim has consulted a victim advocate, and
whether the victim has prepared a safety plan and has access to local
resources.
(H) Whether the change will impact any children involved,
including consideration of any child protective services information.
(I) Whether the ends of justice would be served by limiting or
terminating the order.
(c) If a probationer is ordered to serve time in jail, and the
probationer escapes while serving that time, the probation is revoked
as a matter of law on the day of the escape.
(d) If probation is revoked pursuant to subdivision (c), upon
taking the probationer into custody, the probationer shall be
accorded a hearing or hearings consistent with the holding in the
case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that
hearing or hearings is not to revoke probation, as the revocation has
occurred as a matter of law in accordance with subdivision (c), but
rather to afford the defendant an opportunity to require the
prosecution to establish that the alleged violation did in fact occur
and to justify the revocation.
(e) This section does not apply to cases covered by Section
1203.2.
SEC. 32. Section 1203.9 of the Penal
Code is amended to read:
1203.9. (a) Whenever a person is released on probation ,
or mandatory supervision, the court, upon
noticed motion, shall transfer the case to the superior court in any
other county in which the person resides permanently, meaning with
the stated intention to remain for the duration of probation
, or mandatory supervision, unless the
transferring court determines that the transfer would be
inappropriate and states its reasons on the record. Upon notice of
the motion for transfer, the court of the proposed receiving county
may provide comments for the record regarding the proposed transfer,
following procedures set forth in rules of court developed by the
Judicial Council for this purpose, pursuant to subdivision (e). The
court and the probation department shall give the matter of
investigating those transfers precedence over all actions or
proceedings therein, except actions or proceedings to which special
precedence is given by law, to the end that all those transfers shall
be completed expeditiously.
(b) The court of the receiving county shall accept the entire
jurisdiction over the case.
(c) Notwithstanding subdivision (a), whenever a person is granted
probation under Section 1210.1, the sentencing court shall transfer
jurisdiction of the entire case, upon a finding by the receiving
court of the person's permanent residency in the receiving county,
unless there is a determination on the record that the transfer would
be inappropriate.
(d) The order of transfer shall contain an order committing the
probationer or supervised person to the care and custody
of the probation officer of the receiving county and , if
applicable, an order for reimbursement of reasonable costs for
processing the transfer to be paid to the sending county in
accordance with Section 1203.1b. A copy of the orders and any
probation reports shall be transmitted to the court and
probation officer of the receiving county within two weeks of the
finding that the person does permanently reside in or has permanently
moved to that county, and thereafter the receiving court shall have
entire jurisdiction over the case, with the like power to again
request transfer of the case whenever it seems proper.
(e) The Judicial Council shall promulgate rules of court for
procedures by which the proposed receiving county shall receive
notice of the motion for transfer and by which responsive comments
may be transmitted to the court of the transferring county. The
Judicial Council shall adopt rules providing factors for the court's
consideration when determining the appropriateness of a transfer,
including, but not limited to, the following:
(1) Permanency of residence of the offender.
(2) Local programs available for the offender.
(3) Restitution orders and victim issues.
SEC. 33. Section 3000 of the Penal Code
is amended to read:
3000. (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the effective supervision of and surveillance of
parolees, including the judicious use of revocation actions, and to
provide educational, vocational, family and personal counseling
necessary to assist parolees in the transition between imprisonment
and discharge. A sentence resulting in imprisonment in the state
prison pursuant to Section 1168 or 1170 shall include a period of
parole supervision or postrelease community supervision, unless
waived, or as otherwise provided in this article.
(2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
(3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
(4) For any person subject to a sexually violent predator
proceeding pursuant to Article 4 (commencing with Section 6600) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code, an order issued by a judge pursuant to Section 6601.5 of the
Welfare and Institutions Code, finding that the petition, on its
face, supports a finding of probable cause to believe that the
individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release, shall
toll the period of parole of that person, from the date that person
is released by the Department of Corrections and Rehabilitation as
follows:
(A) If the person is committed to the State Department of Mental
Health as a sexually violent predator and subsequently a court orders
that the person be unconditionally discharged, the parole period
shall be tolled until the date the judge enters the order
unconditionally discharging that person.
(B) If the person is not committed to the State Department of
Mental Health as a sexually violent predator, the tolling of the
parole period shall be abrogated and the parole period shall be
deemed to have commenced on the date of release from the Department
of Corrections and Rehabilitation.
(5) Paragraph (4) applies to persons released by the Department of
Corrections and Rehabilitation on or after January 1, 2012. Persons
released by the Department of Corrections and Rehabilitation prior to
January 1, 2012, shall continue to be subject to the law governing
the tolling of parole in effect on December 31, 2011.
(b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply to any inmate subject to Section 3000.08:
(1) In the case of any inmate sentenced under Section 1168
, for a crime committed prior to July 1,
2013, the period of parole shall not exceed five years in the
case of an inmate imprisoned for any offense other than first or
second degree murder for which the inmate has received a life
sentence, and shall not exceed three years in the case of any other
inmate, unless in either case the parole authority
Board of Parole Hearings for good cause waives parole and
discharges the inmate from custody of the department. This
subdivision shall also be applicable to inmates who committed crimes
prior to July 1, 1977, to the extent specified in Section 1170.2.
In the case of any inmate sentenced under Section 1168 for a
crime committed on or after July 1, 2013, the period of parole shall
not exceed five years in the case of an inmate imprisoned for any
offense other than first or second degree murder for which the inmate
has received a life sentence, and shall not exceed three years in
the case of any other inmate, unless in either case the department
for good cause waives parole and discharges the inmate from custody
of the department.
(2) At (A) For a
crime committed prior to July 1, 2013, at the
expiration of a term of imprisonment of one year and one day, or a
term of imprisonment imposed pursuant to Section 1170 or at the
expiration of a term reduced pursuant to Section 2931 or 2933, if
applicable, the inmate shall be released on parole for a period not
exceeding three years, except that any inmate sentenced for an
offense specified in paragraph (3), (4), (5), (6), (11), or (18) of
subdivision (c) of Section 667.5 shall be released on parole for a
period not exceeding 10 years, unless a longer period of parole is
specified in Section 3000.1.
(B) For a crime committed on or after July 1, 2013, at the
expiration of a term of imprisonment of one year and one day, or a
term of imprisonment imposed pursuant to Section 1170 or at the
expiration of a term reduced pursuant to Section 2931 or 2933, if
applicable, the inmate shall be released on parole for a period of
three years, except that any inmate sentenced for an offense
specified in paragraph (3), (4), (5), (6), (11), or (18) of
subdivision (c) of Section 667.5 shall be released on parole for a
period of 10 years, unless a longer period of parole is specified in
Section 3000.1.
(3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
subdivision (b) of Section 209, with the intent to commit a
specified sex offense, or Section 667.51, 667.61, or 667.71, the
period of parole shall be 10 years, unless a longer period of parole
is specified in Section 3000.1.
(4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the
case of a person convicted of and required to register as a sex
offender for the commission of an offense specified in Section 261,
262, 264.1, 286, 288a, paragraph (1) of subdivision (b) of Section
288, Section 288.5, or 289, in which one or more of the victims of
the offense was a child under 14 years of age, the period of parole
shall be 20 years and six months unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of this determination and transmit a copy
of it to the parolee.
(B) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
(C) There shall be a board hearing consistent with the procedures
set forth in Sections 3041.5 and 3041.7 within 12 months of the date
of any order returning the parolee to custody
revocation of parole to consider the release of the inmate on
parole, and notwithstanding the provisions of paragraph (2)
(3) of subdivision (b) of Section 3041.5, there
shall be annual parole consideration hearings thereafter, unless the
person is released or otherwise ineligible for parole release. The
panel or board shall release the person within one year of the date
of the revocation unless it determines that the circumstances and
gravity of the parole violation are such that consideration of the
public safety requires a more lengthy period of incarceration or
unless there is a new prison commitment following a conviction.
(D) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this subdivision.
(5) (A) The parole authority
Board of Parole Hearings shall consider the
request of any inmate whose commitment offense occurred prior to
July 1, 2013, regarding the length of his or her parole and
the conditions thereof.
(B) For an inmate whose commitment offense occurred on or after
July 1, 2013, except for those inmates described in Section 3000.1,
the department shall consider the request of the inmate regarding the
length of his or her parole and the conditions thereof. For those
inmates described in Section 3000.1, the Board of Parole Hearings
shall consider the request of the inmate regarding the length of his
or her parole and the conditions thereof.
(6) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), (3), or (4), as the case may be, whichever is
earlier, the inmate shall be discharged from custody. The date of the
maximum statutory period of parole under this subdivision and
paragraphs (1), (2), (3), and (4) shall be computed from the date of
initial parole and shall be a period chronologically determined. Time
during which parole is suspended because the prisoner has absconded
or has been returned to custody as a parole violator shall not be
credited toward any period of parole unless the prisoner is found not
guilty of the parole violation. However, the period of parole is
subject to the following:
(A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
(B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
(C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
(7) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority or the department, whichever is applicable, the
conditions of parole and the length of parole up to the maximum
period of time provided by law. The inmate has the right to
reconsideration of the length of parole and conditions thereof by the
department or the parole authority, whichever is applicable. The
Department of Corrections and Rehabilitation or the board may impose
as a condition of parole that a prisoner make payments on the
prisoner's outstanding restitution fines or orders imposed pursuant
to subdivision (a) or (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, or subdivision (b) or (f) of
Section 1202.4.
(8) For purposes of this chapter, and except as otherwise
described in this section, the board shall be considered the
parole authority.
(9) The (A) On and
after July 1, 2013, the sole authority to issue warrants for the
return to actual custody of any state prisoner released on parole
rests with the board, court pursuant to
Section 1203.2, except for any escaped state prisoner or any
state prisoner released prior to his or her scheduled release date
who should be returned to custody, and Section 3060
5054.1 shall apply.
(B) Notwithstanding subparagraph (A), any warrant issued by the
Board of Parole Hearings prior to July 1, 2013, shall remain in full
force and effect until the warrant is served or it is recalled by the
board. All prisoners on parole arrested pursuant to a warrant issued
by the board shall be subject to a review by the board prior to the
department filing a petition with the court to revoke the parole of
the petitioner.
(10) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to Section 290.011 who are on
parole to engage them in treatment.
SEC. 34. Section 3000.03 of the Penal
Code is amended to read:
3000.03. Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation shall not return to
prison, place a parole hold on pursuant to Section 3056, or report
any parole violation to the Board of Parole Hearings or the
court, as applicable, regarding any person to whom all of the
following criteria apply:
(a) The person is not required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1.
(b) The person was not committed to prison for a serious felony as
defined in Sections 1192.7 and 1192.8, or a violent felony, as
defined in Section 667.5, and does not have a prior conviction for a
serious felony, as defined in Section 1192.7 and 1192.8, or a violent
felony, as defined in Section 667.5.
(c) The person was not committed to prison for a sexually violent
offense as defined in subdivision (b) of Section 6600 of the Welfare
and Institutions Code and does not have a prior conviction for a
sexually violent offense as defined in subdivision (b) of Section
6600 of the Welfare and Institutions Code.
(d) The person was not found guilty of a serious disciplinary
offense, as defined in regulation by the department, during his or
her current term of imprisonment.
(e) The person is not a validated prison gang member or associate,
as defined in regulation by the department.
(f) The person did not refuse to sign any written
notification of parole requirements forms, or
conditions, including, but not limited to, the written
notification of requirements pursuant to provide any
samples, as required by Section 3067.
3060.5.
(g) The person was evaluated by the department using a validated
risk assessment tool and was not determined to pose a high risk to
reoffend.
SEC. 35. Section 3000.08 of the
Penal Code , as amended by Section 18 of Chapter 12
of the First Extraordinary Session of the Statutes of 2011, is
amended to read:
3000.08. (a) Persons released from state prison prior to or on or
after July 1, 2013, after serving a prison term or, whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction of
the court in the county where the parolee is released or resides for
the purpose of hearing petitions to revoke parole and impose a term
of custody:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.
(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the
parole authority, court, or the parole
authority court may, in its discretion, issue a
warrant for that person's arrest pursuant to Section 1203.2
.
(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole
authority agency may impose additional
and appropriate conditions of supervision, including rehabilitation
and treatment services and appropriate incentives for compliance, and
impose immediate, structured, and intermediate sanctions for parole
violations, including flash incarceration in a county jail. Periods
of "flash incarceration," as defined in subdivision (e) are
encouraged as one method of punishment for violations of a parolee's
conditions of parole. Nothing in this section is intended to preclude
referrals to a reentry court pursuant to Section 3015.
(e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.
(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall petition the
revocation hearing officer appointed shall,
pursuant to Section 71622.5 of 1203.2,
petition the Government Code court
in the county in which the parolee is being supervised to
revoke parole. At any point during the process initiated pursuant to
this section, a parolee may waive, in writing, his or her right to
counsel, admit the parole violation, waive a court hearing, and
accept the proposed parole modification or revocation .
The petition shall include a written report that contains additional
information regarding the petition, including the relevant terms and
conditions of parole, the circumstances of the alleged underlying
violation, the history and background of the parolee, and any
recommendations. The Judicial Council shall adopt forms and rules of
court to establish uniform statewide procedures to implement this
subdivision, including the minimum contents of supervision agency
reports. Upon a finding that the person has violated the conditions
of parole, the revocation hearing officer
court shall have authority to do any of the following:
(1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
(2) Revoke parole and order the person to confinement in the
county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
(h) Notwithstanding any other provision of law, in any case where
Section 3000.1 or paragraph (4) of subdivision (b) of Section
3000 applies to a person who is on parole and there is
good cause to believe the court determines that
the person has committed a violation of law or violated his or her
conditions of parole, and there is imposed a period of
imprisonment of longer than 30 days, that person the
person on parole shall be remanded to the custody of the
Department of Corrections and Rehabilitation and the jurisdiction of
the Board of Parole Hearings for the purpose of future parole
consideration.
(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(j) Parolees subject to this section who are being held
have a pending adjudication for a parole
violation in a county jail on July 1, 2013, shall
be subject to the jurisdiction of the Board of Parole Hearings.
Parole revocation proceedings conducted by the Board of Parole
Hearings prior to July 1, 2013, if reopened on or after July 1, 2013,
shall be subject to the jurisdiction of the Board of Parole
Hearings.
(k) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
( l ) This section shall become operative on July
1, 2013.
SEC. 36. Section 3000.09 of the Penal
Code is amended to read:
3000.09. (a) Notwithstanding any other law, any parolee who was
paroled from state prison prior to October 1, 2011, shall be subject
to this section.
(b) Parolees subject to this section shall remain under
supervision by the Department of Corrections and Rehabilitation until
one of the following occurs:
(1) Jurisdiction over the person is terminated by operation of
law.
(2) The supervising agent recommends to the parole
authority Board of Parole Hearings that the
offender be discharged and the parole authority approves the
discharge.
(3) The offender is subject to a period of parole of up to three
years pursuant to paragraph (1) of subdivision (b) of Section 3000
and was not imprisoned for committing a violent felony, as defined in
subdivision (c) of Section 667.5, a serious felony, as defined by
subdivision (c) of Section 1192.7, or is required to register as a
sex offender pursuant to Section 290, and completes six consecutive
months of parole without violating their conditions, at which time
the supervising agent shall review and make a recommendation on
whether to discharge the offender to the parole authority
Board of Parole Hearings and the parole
authority Board of Parole Hearings approves the
discharge.
(c) Parolees subject to this section who are being held for a
parole violation in state prison on October 1, 2011, upon completion
of a revocation term on or after November 1, 2011, shall either
remain under parole supervision of the department pursuant to Section
3000.08 or shall be placed on postrelease community supervision
pursuant to Title 2.05 (commencing with Section 3450). Any
person placed on postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450) after serving a term for a parole
revocation pursuant to this subdivision shall serve a period of
postrelease supervision that is no longer than the time
period for which the person would have served if the person remained
on parole. Notwithstanding Section 3000.08, any parolee who is
in a county jail serving a term of parole revocation or being held
pursuant to Section 3056 on October 1, 2011, and is released directly
from county jail without returning to a state facility on or after
October 1, 2011, shall remain under the parole supervision of the
department. Any parolee that is pending final adjudication of a
parole revocation charge prior to October 1, whether located in
county jail or state prison, may be returned to state prison and
shall be confined pursuant to subdivisions (a) to (d), inclusive, of
Section 3057. Any subsequent parole revocations of a parolee on
postrelease community supervision shall be served in county jail
pursuant to Section 3056.
(d) Any parolee who was paroled prior to October 1, 2011, who
commits a violation of parole shall, until July 1, 2013, be subject
to parole revocation procedures in accordance with the rules and
regulations of the department consistent with Division 2 of Title 15
of the California Code of Regulations. On and after July 1, 2013, any
parolee who was paroled prior to October 1, 2011, shall be subject
to the procedures established under Section 3000.08.
SEC. 37. Section 3000.1 of the Penal
Code is amended to read:
3000.1. (a) (1) In the case of any inmate sentenced under Section
1168 for any offense of first or second degree murder with a maximum
term of life imprisonment, the period of parole, if parole is
granted, shall be the remainder of the inmate's life.
(2) Notwithstanding any other provision of law, in the case of any
inmate sentenced to a life term under subdivision (b) of Section
209, if that offense was committed with the intent to commit a
specified sexual offense, Sections 269 and 288.7, subdivision (c) of
Section 667.51, Section 667.71 in which one or more of the victims of
the offense was a child under 14 years of age, or subdivision (j),
(l), or (m) of Section 667.61, the period of parole, if parole is
granted, shall be the remainder of the inmate's life.
(b) Notwithstanding any other provision of law, when any person
referred to in paragraph (1) of subdivision (a) has been released on
parole from the state prison, and has been on parole continuously for
seven years in the case of any person imprisoned for first degree
murder, and five years in the case of any person imprisoned for
second degree murder, since release from confinement, the board
shall, within 30 days, discharge that person from parole, unless the
board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of its determination
and transmit a copy of it to the parolee.
(c) In the event of a retention on parole pursuant to subdivision
(b), the parolee shall be entitled to a review by the board each year
thereafter.
(d) There shall be a hearing as provided in Sections 3041.5 and
3041.7 within 12 months of the date of any revocation of parole
pursuant to subdivision (d) of Section 3000.08 and
of a person referred to in subdivision (a) to consider
the release of the inmate on parole and, notwithstanding the
provisions of paragraph (2) (3) of
subdivision (b) of Section 3041.5, there shall be annual parole
consideration hearings thereafter, unless the person is released or
otherwise ineligible for parole release. The panel or board shall
release the person within one year of the date of the revocation
unless it determines that the circumstances and gravity of the parole
violation are such that consideration of the public safety requires
a more lengthy period of incarceration or unless there is a new
prison commitment following a conviction.
(e) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.
SEC. 38. Section 3001 of the Penal Code
is amended to read:
3001. (a) (1) Notwithstanding
any other provision of law, when any person referred to in
paragraph (2) of subdivision (b) of Section 3000 who was not
imprisoned for co mmitting a violent felony, as defined in
subdivision (c) of Section 667.5, not imprisoned for a serious
felony, as defined by subdivision (c) of Section 1192.7, or is not
required to register as a sex offender pursuant to Section 290, has
been released on parole from the state prison, and has been on parole
continuously for six months since release from confinement, within
30 days, that person shall be discharged from parole,
unless the Department of Corrections and Rehabilitation recommends to
the Board of Parole Hearings that the person be retained on parole
and the board, for good cause, determines that the person will be
retained.
(2) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) of subdivision (b) of Section 3000 who
is required to register as a sex offender pursuant to the Sex
Offender Registration Act or who was imprisoned for committing a
serious felony described in either subdivision (c) of Section 1192.7
or subdivision (a) of Section 1192.8, has been released on parole
from the state prison, and has been on parole continuously for one
year since release from confinement, within 30 days, that person
shall be discharged from parole, unless the Department of Corrections
and Rehabilitation recommends to the Board of Parole Hearings that
the person be retained on parole and the board, for good cause,
determines that the person will be retained.
(3) Notwithstanding any other
provision of law, when any person referred to in paragraph
(1) (2) of subdivision (b) of Section 3000 who
was not imprisoned for committing a violent
felony, as defined in subdivision (c) of Section 667.5, not
imprisoned for a serious felony, as defined by subdivision (c) of
Section 1192.7, or is not required to register as a sex offender
pursuant to Section 290, has been released on parole from
the state prison, and has been on parole continuously for
six months since release from confinement, within 30 days, that
person shall be discharged from parole, unless the Department of
Corrections and Rehabilitation recommends to the Board of Parole
Hearings that the person be retained on parole and the board, for
good cause, determines that the person will be retained.
Notwithstanding any other provision of law, when any person referred
to in paragraph (1) of subdivision (b) of Section 3000 who was
imprisoned for committing a violent felony, as defined in subdivision
(c) of Section 667.5, has been released on parole from the state
prison for a period not exceeding three years and has been
on parole continuously for two years since release from confinement,
or has been released on parole from the state prison for a period not
exceeding five years and has been on parole continuously for three
years since release from confinement, the department shall discharge,
within 30 days, that person from parole, unless the department
recommends to the board that the person be retained on parole and the
board, for good cause, determines that the person will be retained.
The board shall make a written record of its determination and the
department shall transmit a copy thereof to the parolee.
(4) This subdivision shall apply only to those persons whose
commitment offense occurred prior to the effective date of the act
adding this paragraph.
(b) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) (1) of
subdivision (b) of Section 3000 3000, with
the exception of persons described in paragraph (2) of subdivision
(a) of Section 3000.1, has been released on parole from the
state prison, and has been on parole continuously for three years
since release from confinement, the board shall discharge, within 30
days, the person from parole, unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of its determination and the department
shall transmit a copy of that determination to the parolee.
(c) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for six years and six months since release from
confinement, the board shall discharge, within 30 days, the person
from parole, unless the board, for good cause, determines that the
person will be retained on parole. The board shall make a written
record of its determination and the department shall transmit a copy
thereof to the parolee.
(d) In the event of a retention on parole, the parolee shall be
entitled to a review by the parole authority
Board of Parole Hearings each year thereafter until the maximum
statutory period of parole has expired.
(e) The amendments to this section made during the 1987-88 Regular
Session of the Legislature shall only be applied prospectively and
shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.
(f) The Department of Corrections and Rehabilitation shall, within
60 days from the date that the act adding this subdivision is
effective, submit to the Board of Parole Hearings recommendations
pursuant to paragraph (2) of subdivision (a) for any person described
in that paragraph who has been released from state prison from
October 1, 2010, to the effective date of this subdivision, and who
has been on parole continuously for one year since his or her release
from confinement. A person who meets the criteria in this
subdivision who are not retained on parole by the Board of Parole
Hearings by the 91st day after the effective date of this subdivision
shall be discharged from parole.
(f)
(g) The amendments made to subdivision (a) during the
2011-12 Regular Session and the First Extraordinary Session of the
Legislature shall apply prospectively from October 1, 2011, and no
person on parole prior to October 1, 2011, shall be discharged from
parole pursuant to subdivision (a) unless one of the following
circumstances exist:
(1) The person has been on parole continuously for six consecutive
months after October 1, 2011, and the person is not retained by the
Board of Parole Hearings for good cause.
(2) The person has, on or after October 1, 2011, been on parole
for one year and the Board of Parole Hearings does not retain the
person for good cause.
SEC. 39. Section 3004 of the Penal Code
is amended to read:
3004. (a) Notwithstanding any other law, the Board of Parole
Hearings, the court, or the supervising parole authority may
require, as a condition of release on parole or reinstatement on
parole, or as an intermediate sanction in lieu of return to
prison, custody, that an inmate or parolee agree
in writing to the use of electronic monitoring or supervising
devices for the purpose of helping to verify his or her compliance
with all other conditions of parole. The devices shall not be used to
eavesdrop or record any conversation, except a conversation between
the parolee and the agent supervising the parolee which is to be used
solely for the purposes of voice identification.
(b) Every inmate who has been convicted for any felony violation
of a "registerable sex offense" described in subdivision (c) of
Section 290 or any attempt to commit any of the above-mentioned
offenses and who is committed to prison and released on parole
pursuant to Section 3000 or 3000.1 shall be monitored by a global
positioning system for life.
(c) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring.
SEC. 40. Section 3041.1 of the Penal
Code is amended to read:
3041.1. Up to 90 days prior to a scheduled release date, the
Governor may request review of any decision by a parole authority
concerning the grant or denial of parole to any inmate in a state
prison. The Governor shall state the reason or reasons for the
request, and whether the request is based on a public safety concern,
a concern that the gravity of current or past convicted offenses may
have been given inadequate consideration, or on other factors. When
a request has been made, a randomly selected committee
comprised the request shall be reviewed by a majority
of nine commissioners specifically appointed
to hear adult parole matters and who are holding office at the
time, shall review the parole decision. time.
In case of a review, a vote in favor of parole by a majority
of the commissioners on reviewing the
committee request shall be required to
grant parole to any inmate. In carrying out any review, the board
shall comply with the provisions of this chapter.
SEC. 41. Section 3053.2 of the Penal
Code is amended to read:
3053.2. (a) Upon the request of the victim, or the victim's
parent or legal guardian if the victim is a minor, the Board of
Parole Hearings or the supervising parole authority
agency shall impose the following condition on
the parole of a person released from prison for an offense involving
threatening, stalking, sexually abusing, harassing, or violent acts
in which the victim is a person specified in Section 6211 of the
Family Code:
Compliance with a protective order enjoining the parolee from
threatening, stalking, sexually abusing, harassing, or taking further
violent acts against the victim and, if appropriate, compliance with
any or all of the following:
(1) An order prohibiting the parolee from having personal,
telephonic, electronic, media, or written contact with the victim.
(2) An order prohibiting the parolee from coming within at least
100 yards of the victim or the victim's residence or workplace.
(3) An order excluding the parolee from the victim's residence.
(b) The Board of Parole Hearings or the supervising
parole authority agency may impose the
following condition on the parole of a person released from prison
for an offense involving threatening, stalking, sexually abusing,
harassing, or violent acts in which the victim is a person specified
in Section 6211 of the Family Code:
For persons who committed the offense prior to January 1, 1997,
participation in a batterer's program, as specified in this section,
for the entire period of parole. For persons who committed the
offense after January 1, 1997, successful completion of a batterer's
program, which shall be a condition of release from parole. If no
batterer's program is available, another appropriate counseling
program designated by the parole agent or officer, for a period of
not less than one year, with weekly sessions of a minimum of two
hours of classroom time. The program director shall give periodic
progress reports to the parole agent or officer at least every three
months.
(c) The parole agent or officer shall refer the parolee only to a
batterer's program that follows the standards outlined in Section
1203.097 and immediately following sections.
(d) The parolee shall file proof of enrollment in a batterer's
program with the parole agent or officer within 30 days after the
first meeting with his or her parole agent or officer, if he or she
committed the offense after January 1, 1997, or within 30 days of
receiving notice of this parole condition, if he or she committed the
offense prior to January 1, 1997.
(e) The parole agent or officer shall conduct an initial
assessment of the parolee, which information shall be provided to the
batterer's program. The assessment shall include, but not be limited
to, all of the following:
(1) Social, economic, and family background.
(2) Education.
(3) Vocational achievements.
(4) Criminal history, prior incidents of violence, and arrest
reports.
(5) Medical history.
(6) Substance abuse history.
(7) Consultation with the probation officer.
(8) Verbal consultation with the victim, only if the victim
desires to participate.
(f) Upon request of the victim, the victim shall be notified of
the release of the parolee and the parolee's location and parole
agent or officer. If the victim requests notification, he or she
shall also be informed that attendance in any program does not
guarantee that an abuser will not be violent.
(g) The parole agent or officer shall advise the parolee that the
failure to enroll in a specified program, as directed, may be
considered a parole violation that would result in possible further
incarceration.
(h) The director of the batterer's program shall immediately
report any violation of the terms of the protective order issued
pursuant to paragraph (3) of subdivision (a), including any new acts
of violence or failure to comply with the program requirements, to
the parolee's parole agent or officer.
(i) Upon recommendation of the director of the batterer's program,
a parole agent or officer may require a parolee to participate in
additional sessions throughout the parole period, unless he or she
finds that it is not in the interests of justice to do so. In
deciding whether the parolee would benefit from more sessions, the
parole agent or officer shall consider whether any of the following
conditions exist:
(1) The parolee has been violence-free for a minimum of six
months.
(2) The parolee has cooperated and participated in the batterer's
program.
(3) The parolee demonstrates an understanding of, and practices,
positive conflict resolution skills.
(4) The parolee blames, degrades, or has committed acts that
dehumanize the victim or puts the victim's safety at risk, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, sexually assaulting, or battering the victim.
(5) The parolee demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(6) The parolee has made threats to harm another person in any
manner.
(7) The parolee demonstrates acceptance of responsibility for the
abusive behavior perpetrated against the victim.
SEC. 42. Section 3053.4 of the Penal
Code is amended to read:
3053.4. In the case of any person who is released from prison on
parole or after serving a term of imprisonment for any felony offense
committed against the person or property of another individual,
private institution, or public agency because of the victim's actual
or perceived race, color, ethnicity, religion, nationality, country
of origin, ancestry, disability, gender, gender identity, gender
expression, or sexual orientation, including, but not limited to,
offenses defined in Section 422.6, 422.7, 422.75, 594.3, or 11411,
the Board of Parole Hearings or the supervising parole
authority, agency, absent compelling
circumstances, shall order the defendant as a condition of parole to
refrain from further acts of violence, threats, stalking, or
harassment of the victim, or known immediate family or domestic
partner of the victim, including stay-away conditions when
appropriate. In these cases, the parole authority may also order that
the defendant be required as a condition of parole to complete a
class or program on racial or ethnic sensitivity, or other similar
training in the area of civil rights, or a one-year counseling
program intended to reduce the tendency toward violent and antisocial
behavior if that class, program, or training is available and was
developed or authorized by the court or local agencies in cooperation
with organizations serving the affected community.
SEC. 43. Section 3056 of the Penal Code
is amended to read:
3056. (a) Prisoners on parole shall remain under the supervision
of the department but shall not be returned to prison except as
provided in subdivision (b) or as provided by subdivision (c) of
Section 3000.09. Except A parolee awaiting a
parole revocation hearing may be housed in a county jail while
awaiting revocation proceedings. If a parolee is housed in a county
jail, he or she shall be housed in the county in which he or she was
arrested or the county in which a petition to revoke parole has been
filed or, if there is no county jail in that county, in the housing
facility with which that county has contracted to house jail inmates.
Additionally, except as provided by subdivision (c) of Section
3000.09, upon revocation of parole, a parolee may be housed in a
county jail for a maximum of 180 days. days
per revocation. When housed in county facilities, parolees
shall be under the sole legal custody and jurisdiction of
local county facilities. A parolee shall remain under the sole l
egal custody and jurisdiction of the local county or
local correctional administrator, even if placed in an alternative
custody program in lieu of incarceration, including, but not limited
to, work furlough and electronic home detention. When a
parolee is under the legal custody and jurisdiction of a county
facility awaiting parole revocation proceedings or upon
revocation, he or she shall not be under the parole supervision or
jurisdiction of the department. When released from
custody, parolees the county facility or county
alternative custody program following a period of custody for
revocation of parole or because no violation of parole is found, the
parolee shall be returned to the parole supervision of the
department for the duration of parole.
(b) Inmates paroled pursuant to Section 3000.1 may be returned to
prison following the revocation of parole by the Board of Parole
Hearings until July 1, 2013, and thereafter by a court pursuant to
Section 3000.08.
(c) A parolee who is subject to subdivision (a) but who is under
18 years of age may be housed in a facility of the Division of
Juvenile Facilities.
SEC. 44. Section 3059 of the Penal Code
is amended to read:
3059. If any paroled prisoner shall leave the state without
permission of the Board of Prison Terms, his
or her supervising parole agency, he or she shall be
held as an escaped prisoner and arrested as such.
SEC. 45. Section 3060.5 of the Penal
Code is amended to read:
3060.5. Notwithstanding any other provision of law, the parole
authority shall revoke the parole of any prisoner who refuses to sign
a parole agreement setting forth the general and
any special conditions applicable to the parole, refuses to
sign any form required by the Department of Justice stating
that the duty of the prisoner to register under Section 290 has been
explained to the prisoner, unless the duty to register has not been
explained to the prisoner, or refuses to provide samples of blood or
saliva as required by the DNA and Forensic Identification Data Base
and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of
Title 9 of Part 1), and shall order the prisoner returned to prison.
Confinement pursuant to any single revocation of parole under this
section shall not, absent a new conviction and commitment to prison
under other provisions of law, exceed six months, except as provided
in subdivision (c) of Section 3057.
SEC. 46.
Section 3060.6 of the Penal Code is
amended to read:
3060.6. Notwithstanding any other provision of law, on or after
January 1, 2001, whenever any paroled person is returned to custody
or has his or her parole revoked for conduct described in subdivision
(c) of Section 290, the supervising parole
authority agency shall report the circumstances
that were the basis for the return to custody or revocation of parole
to the law enforcement agency and the district attorney that has
primary jurisdiction over the community in which the circumstances
occurred and to the Department of Corrections and Rehabilitation.
Upon the release of the paroled person, the Department of Corrections
and Rehabilitation shall inform the law enforcement agency and the
district attorney that has primary jurisdiction over the community in
which the circumstances occurred and, if different, the county in
which the person is paroled or discharged, of the circumstances that
were the basis for the return to custody or revocation of parole.
SEC. 47. Section 3060.7 of the Penal
Code is amended to read:
3060.7. (a) (1) Notwithstanding any other law, the
supervising parole authority 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 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 authority 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 parole authority, 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
parole authority, and shall issue a warrant for the parolee's arrest.
(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 the effective date of this section 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 remain in effect only until July 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2013, deletes or extends that date.
SEC. 48. Section 3060.7 is added to the
Penal Code , 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 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 the effective date of this section 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. 49. Section 3067 of the Penal Code
is amended to read:
3067. (a) Any inmate who is eligible for release on parole
pursuant to this chapter or postrelease community supervision
pursuant to Title 2.05 (commencing with Section 3450) of Part 3 shall
agree in writing to be given notice that he
or s he is subject to search or seizure by
a parole officer or other peace officer at any time
terms and conditions of the day or
night, with or without a search warrant and with
or without cause. his or her release from prison.
(b) Any inmate who does not comply with the provision of
subdivision (a) shall lose worktime credit earned pursuant to Article
2.5 (commencing with Section 2930) of Chapter 7 on a day-for-day
basis and shall not be released until he or she either complies with
the provision of subdivision (a) or has no remaining worktime credit,
whichever occurs earlier.
(b) The notice shall include all of the following:
(1) The person's release date and the maximum period the person
may be subject to supervision under this title.
(2) An advisement that if the person violates any law or violates
any condition of his or her release that he or she may be
incarcerated in a county jail or, if previously paroled pursuant to
Section 3000.1 or paragraph (4) of subdivision (b) of Section 3000,
returned to state prison, regardless of whether new charges are
filed.
(3) An advisement that he or she is subject to search or seizure
by a probation or parole officer or other peace officer at any time
of the day or night, with or without a search warrant or with or
without cause.
(c) This section shall only apply to an inmate who is eligible for
release on parole for an offense committed on or after January 1,
1997.
(d) It is not the intent of the Legislature to authorize law
enforcement officers to conduct searches for the sole purpose of
harassment.
(e) This section does not affect the power of the Secretary of the
Department of Corrections and Rehabilitation to prescribe and amend
rules and regulations pursuant to Section 5058.
SEC. 50. Section 3452 of the Penal Code
is amended to read:
3452. (a) Persons A person who is
eligible for postrelease community supervision pursuant to
this title shall enter into a be given
notice that he or she is subject to postrelease community
supervision agreement prior to, and as a
condition of, their to his or her release from
prison. Persons A person who is on
parole and is then transferred to postrelease community
supervision shall enter into a be given
notice that he or she is subject to postrelease community
supervision agreement as a condition of their
prior to his or her release from state prison.
(b) A postrelease community supervision agreement
notice shall specify the following:
(1) The person's release date and the maximum period the person
may be subject to postrelease supervision under this title.
(2) The name, address, and telephone number of the county agency
responsible for the person's postrelease supervision.
(3) An advisement that if a person breaks the law or violates the
conditions of release, he or she can be incarcerated in a county jail
regardless of whether or not new charges are filed.
SEC. 51. Section 3453 of the Penal Code
is amended to read:
3453. A postrelease Postrelease
community supervision agreement shall
include the following conditions:
(a) The person shall sign and agree to be
informed of the conditions of release.
(b) The person shall obey all laws.
(c) The person shall report to the supervising county agency
within two working days of release from custody.
(d) The person shall follow the directives and instructions of the
supervising county agency.
(e) The person shall report to the supervising county agency as
directed by that agency.
(f) The person, and his or her residence and possessions, shall be
subject to search at any time of the day or night, with or without a
warrant, by an agent of the supervising county agency or by a peace
officer.
(g) The person shall waive extradition if found outside the state.
(h) The person shall inform the supervising county agency of the
person's place of residence, employment, education, or training.
(i) (1) The person shall inform the supervising county agency of
any pending or anticipated changes in residence, employment,
education, or training.
(2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment within
three business days of that entry.
(j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.
(k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person's place of
residence.
( l ) The person shall obtain a travel pass from the
supervising county agency before he or she may leave the county or
state for more than two days.
(m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or ammunition.
(n) The person shall not possess, use, or have access to any
weapon listed in Section 12020, 16140, subdivision (c) of Section
16170, Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
of Section 16460, Section 16470, subdivision (f) of Section 16520, or
Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090,
17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350,
17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735,
17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20611,
20710, 20910, 21110, 21310, 21810, 22010, 22015, 22210, 22215,
22410, 32430, 24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215,
31500, 32310, 32400, 32405, 32410, 32415, 32420, 32425, 32435,
32440, 32445, 32450, 32900, 33215, 33220, 33225, or 33600.
(o) (1) Except as provided in paragraph (2) and subdivision (p),
the person shall not possess a knife with a blade longer than two
inches.
(2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person's residence.
(p) The person may use a knife with a blade longer than two
inches, if the use is required for that person's employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.
(q) The person agrees to shall waive
any right to a court hearing prior to the imposition of a period of
"flash incarceration" in a county jail of not more than 10
consecutive days for any violation of his or her postrelease
supervision conditions.
(r) The person agrees to shall
participate in rehabilitation programming as recommended by the
supervising county agency.
(s) The person agrees that he or she may
shall be subject to arrest with or without a warrant by a peace
officer employed by the supervising county agency or, at the
direction of the supervising county agency, by any peace officer when
there is probable cause to believe the person has violated the terms
and conditions of his or her release.
SEC. 52. Section 3455 of the Penal Code
is amended to read:
3455. (a) If the supervising county agency has determined,
following application of its assessment processes, that intermediate
sanctions as authorized in subdivision (b) of Section 3454 are not
appropriate, the supervising county agency shall petition the
revocation hearing officer appointed court
pursuant to Section 71622.5 of the Government Code
1203.2 to revoke and
revoke, modify, or terminate postrelease community
supervision. At any point during the process initiated pursuant to
this section, a person may waive, in writing, his or her right to
counsel, admit the violation of his or her postrelease community
supervision, waive a court hearing, and accept the proposed
modification of his or her postrelease community
supervision. The petition shall include a written report that
contains additional information regarding the petition, including the
relevant terms and conditions of postrelease community
supervision, the circumstances of the alleged underlying violation,
the history and background of the violator, and any recommendations.
The Judicial Council shall adopt forms and rules of court to
establish uniform statewide procedures to implement this subdivision,
including the minimum contents of supervision agency reports. Upon a
finding that the person has violated the conditions of postrelease
community supervision, the revocation hearing officer
shall have authority to do all of the following:
(1) Return the person to postrelease community
supervision with modifications of conditions, if appropriate,
including a period of incarceration in county jail.
(2) Revoke and terminate postrelease community
supervision and order the person to confinement in the county
jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(4)
(b) (1) At any time during the
period of postrelease community supervision, if any peace
officer has probable cause to believe a person subject to postrelease
community supervision is violating any term or condition of his or
her release, the officer may, without a warrant or other process,
arrest the person and bring him or her before the supervising county
agency established by the county board of supervisors pursuant to
subdivision (a) of Section 3451. Additionally, an officer employed by
the supervising county agency may seek a warrant and a court or its
designated hearing officer appointed pursuant to Section 71622.5 of
the Government Code shall have the authority to issue a warrant for
that person's arrest.
(5)
(2) The court or its designated hearing officer shall
have the authority to issue a warrant for any person who is the
subject of a petition filed under this section who has failed to
appear for a hearing on the petition or for any reason in the
interests of justice, or to remand to custody a person who does
appear at a hearing on the petition for any reason in the interests
of justice.
(b)
(c) The revocation hearing shall be held within a
reasonable time after the filing of the revocation petition. Based
upon a showing of a preponderance of the evidence that a person under
supervision poses an unreasonable risk to public safety, or the
person may not appear if released from custody, or for any reason in
the interests of justice, the supervising county agency shall have
the authority to make a determination whether the person should
remain in custody pending the first court appearance on a
revocation hearing, petition to revoke
postrelease community supervision , and upon that
determination, may order the person confined pending a
revocation hearing. his or her first court appearance.
(c)
(d) Confinement pursuant to paragraphs (1) and (2) of
subdivision (a) shall not exceed a period of 180 days in the county
jail for each custodial sanction .
(d)
(e) A person shall not remain under supervision or in
custody pursuant to this title on or after three years from the date
of the person's initial entry onto postrelease community
supervision, except when a bench his or
arrest warrant has been issued by a court or its designated
hearing officer and the person has not appeared. During the time the
warrant is outstanding the her supervision
period shall be is tolled and
when the person appears before the court pursuant to
Section 1203.2 or its designated hearing officer the
supervision period may be extended for a period equivalent to the
time tolled. subdivision (b) of Section 3456.
SEC. 53. Section 3456.5 is added to the
Penal Code , to read:
3456.5. (a) (1) The local supervising agency, in coordination
with the sheriff or local correctional administrator, may require any
person that is to be released from county jail or a local
correctional facility into postrelease community supervision to
report to a supervising agent or designated local supervising agency
within two days of release from the county jail or local correction
facility.
(2) This section shall not prohibit the local supervising agency
from requiring any person released on postrelease community
supervision to report to his or her assigned supervising agent within
a time period that is less than two days from the time of release.
(b) With regard to any inmate subject to this section, the sheriff
or local correctional administrator may release an inmate sentenced
prior to the effective date of the act adding this section 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.
SEC. 54. 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 five 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.
(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. 55. Section 4115.55 of the Penal
Code is amended to read:
4115.55. (a) Upon agreement with the sheriff or director of the
county department of corrections, a board of supervisors may enter
into a contract with other public agencies to provide housing for
inmates sentenced to county jail in community correctional facilities
created pursuant to Chapter 7 (commencing with Section 2910) of
Title 1 or Chapter 9.5 (commencing with Section 6250) of Title
7.
(b) This section Facilities operated
pursuant to agreements entered into under subdivision (a)
shall remain in effect only until January
1, 2015, and comply with the minimum standards for
local detention facilities as provided by Chapter 1
(commencing with Section 3000) of that date is
repealed, unless a later enacted statute, that is enacted before that
date, deletes or extends that date. Division 3 of
Title 15 of the California Code of Regulations.
SEC. 56. Section 4536 of the Penal Code
is amended to read:
4536. (a) Every person committed to a state hospital or other
public or private mental health facility as a mentally disordered sex
offender, who escapes from or who escapes while being conveyed to or
from such state hospital or other public or private mental health
facility, is punishable by imprisonment pursuant to
subdivision (h) of Section 1170 in the state prison
or in the county jail not to exceed one year. The term imposed
pursuant to this section shall be served consecutively to any other
sentence or commitment.
(b) The medical director or person in charge of a state hospital
or other public or private mental health facility to which a person
has been committed as a mentally disordered sex offender shall
promptly notify the chief of police of the city in which the hospital
or facility is located, or the sheriff of the county if the hospital
or facility is located in an unincorporated area, of the escape of
the person, and shall request the assistance of the chief of police
or sheriff in apprehending the person, and shall, within 48 hours of
the escape of the person, orally notify the court that made the
commitment, the prosecutor in the case, and the Department of Justice
of the escape.
SEC. 57. Section 7510 of the Penal Code
is amended to read:
7510. (a) A law enforcement employee who believes that he or she
came into contact with bodily fluids of either an inmate of a
correctional institution, a person not in a correctional institution
who has been arrested or taken into custody whether or not the person
has been charged with a crime, including a person detained for or
charged with an offense for which he or she may be made a ward of the
court under Section 602 of the Welfare and Institutions Code, a
person charged with any crime, whether or not the person is in
custody, or a person on postrelease community
supervision, mandatory supervision pursuant to paragraph (5) of
subdivision (h) of Section 1170, or on probation or parole due
to conviction of a crime, shall report the incident through the
completion of a form provided by the State Department of Public
Health. The form shall be directed to the chief medical officer, as
defined in subdivision (c), who serves the applicable law enforcement
employee. Utilizing this form the law enforcement employee may
request a test for HIV or hepatitis B or C of the person who is the
subject of the report. The forms may be combined with regular
incident reports or other forms used by the correctional institution
or law enforcement agency, however the processing of a form by the
chief medical officer containing a request for HIV or hepatitis B or
C testing of the subject person shall not be delayed by the
processing of other reports or forms.
(b) The report required by subdivision (a) shall be submitted by
the end of the law enforcement employee's shift during which the
incident occurred, or if not practicable, as soon as possible, but no
longer than two days after the incident, except that the chief
medical officer may waive this filing period requirement if he or she
finds that good cause exists. The report shall include names of
witnesses to the incident, names of persons involved in the incident,
and if feasible, any written statements from these parties. The law
enforcement employee shall assist in the investigation of the
incident, as requested by the chief medical officer.
(c) For purposes of this section, Section 7502,
7503, and Section 7511, "chief medical officer" means:
(1) In the case of a report filed by a staff member of a state
prison, the chief medical officer of that facility.
(2) In the case of a parole officer filing a report, the chief
medical officer of the nearest state prison.
(3) In the case of a report filed by an employee of the Division
of Juvenile Justice, the chief medical officer of the facility.
(4) In the case of a report filed against a subject who is an
inmate of a city or county jail or a county- or city-operated
juvenile facility, or a court facility, or who has been arrested or
taken into custody whether or not the person has been charged with a
crime, but who is not in a correctional facility, including a person
detained for, or charged with, an offense for which he or she may be
made a ward of the court under Section 602 of the Welfare and
Institutions Code, or a person charged with a crime, whether or not
the person is in custody, the county health officer of the county in
which the individual is jailed or charged with the crime.
(5) In the case of a report filed by a probation officer, a
prosecutor or staff person, a public defender attorney or staff
person, the county health officer of the county in which the
probation officer,
prosecutor or staff person, a public defender attorney or staff
person, is employed.
(6) In any instance where the chief medical officer, as determined
pursuant to this subdivision, is not a physician and surgeon, the
chief medical officer shall designate a physician and surgeon to
perform his or her duties under this title.
SEC. 58. Section 7519 of the Penal Code
is amended to read:
7519. (a) When an individual, including a minor charged with an
offense for which he or she may be made a ward of the court under
Section 602 of the Welfare and Institutions Code, has either been
charged with a crime, but is not being held in a correctional
institution due to his or her release, either through the granting of
bail, a release on the individual's own recognizance, or for any
other reason, or been convicted of a crime, but not held in a
correctional institution due to the imposition of probation, a fine,
or any other alternative sentence, and the individual is required to
undergo initial or followup testing pursuant to this title, the
failure of the individual to submit to the test may be grounds for
revocation of the individual's release or probation or other
sentence, whichever is applicable.
(b) Any refusal by a parolee person on
parole, probation, mandatory supervision pursuant to paragraph (5) of
subdivision (h) of Section 1170, or probationer
postrelease community supervision to submit to
testing required pursuant to this title may be ruled as a violation
of the person's parole , probation, mandatory supervision,
or probation. postrelease community
supervision.
SEC. 59. Section 7520 of the Penal Code
is amended to read:
7520. (a) Upon the release of an inmate from
a correctional institution, a medical representative of the
institution shall notify the inmate's parole or probation officer,
where it is the case, that the inmate has tested positive for
infection with HIV, or has been diagnosed as having AIDS or hepatitis
B and C. The representative of the correctional institution shall
obtain the latest available medical information concerning any
precautions which should be taken under the circumstances, and shall
convey that information to the parole or probation officer.
When
(b) When a parole or probation
officer learns from responsible medical authorities that a
parolee person on parole, probation, mandatory
supervision pursuant to paragraph (5) of subdivision (h) of Section
1170, or probationer postrelease
community supervision under his or her jurisdiction has AIDS or
has tested positive for HIV infection, or hepatitis B or C, the
parole or probation officer shall be responsible for ensuring that
the parolee or probationer contacts the county health department in
order to be, or through his or her own physician and surgeon is, made
aware of counseling and treatment for AIDS or hepatitis B or C, as
appropriate commensurate with that available to the general
population of that county.
SEC. 60. Section 7521 of the Penal Code
is amended to read:
7521. (a) When a parole or probation officer learns from
responsible medical authorities that a parolee or
probationer supervised person in his or her
custody has any of the conditions listed in Section 7520, but that
the parolee or probationer supervised person
has not properly informed his or her spouse, the officer may
ensure that this information is relayed to the spouse only through
either the chief medical officer of the institution from which the
person was released or the physician and surgeon treating the spouse
or the parolee or probationer. supervised
person. The parole or probation officer shall seek to ensure
that proper counseling accompanies release of this information to the
spouse, through the person providing the information to the inmate's
spouse.
(b) If a parole or probation officer has received information from
appropriate medical authorities that one of his or her
parolees or probationers supervised persons is
HIV infected or has AIDS or hepatitis B or C, and the
parolee or probationer supervised person has a
record of assault on a peace officer, and the officer seeks the aid
of local law enforcement officers to apprehend or take into custody
the parolee or probationer, supervised
person, he or she shall inform the officers assisting him or
her in apprehending or taking into custody the parolee or
probationer, supervised person, of the person's
condition, to aid them in protecting themselves from contracting AIDS
or hepatitis B or C.
(c) Local law enforcement officers receiving information pursuant
to this subdivision shall maintain confidentiality of information
received pursuant to subdivision (b). Willful use or disclosure of
this information is a misdemeanor. Parole or probation officers who
willfully or negligently disclose information about AIDS or hepatitis
B or C infection, other than as prescribed under this title or any
other provision of law, shall also be guilty of a misdemeanor.
(d) For purposes of this section, "supervised person" means a
person on parole, probation, mandatory supervision pursuant to
paragraph (5) of subdivision (h) of Section 1170, or postrelease
community supervision.
SEC. 61. Section 11105 of the Penal
Code is amended to read:
11105. (a) (1) The Department of Justice shall maintain state
summary criminal history information.
(2) As used in this section:
(A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
(6) Probation officers of the state.
(7) Parole officers of the state.
(8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(9) A public defender or attorney of record when representing a
person in a criminal case, or parole a
parole, mandatory supervision pursuant to paragraph (5) of
subdivision (h) of Section 1170, or postrelease community supervision
revocation or revocation extension proceeding, and if
authorized access by statutory or decisional law.
(10) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon that specified criminal conduct. The agency, officer, or
official of the state authorized by this paragraph to receive state
summary criminal history information may also transmit fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation.
(11) Any city or county, city and county, district, or any officer
or official thereof if access is needed in order to assist that
agency, officer, or official in fulfilling employment, certification,
or licensing duties, and if the access is specifically authorized by
the city council, board of supervisors, or governing board of the
city, county, or district if the criminal history information is
required to implement a statute, ordinance, or regulation that
expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct. The city or county, city and county,
district, or the officer or official thereof authorized by this
paragraph may also transmit fingerprint images and related
information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation.
(12) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120).
(13) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
(14) Health officers of a city, county, city and county, or
district when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
(15) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(16) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 14502
of the Corporations Code for the appointment of humane officers.
(17) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parent's having failed to provide support for
minor children, consistent with the requirements of Section 17531 of
the Family Code.
(18) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal history information pursuant to Section 272 of the Welfare
and Institutions Code for the purposes specified in Section 16504.5
of the Welfare and Institutions Code. Information from criminal
history records provided pursuant to this subdivision shall not be
used for any purposes other than those specified in this section and
Section 16504.5 of the Welfare and Institutions Code. When an agency
obtains records obtained both on the basis of name checks and
fingerprint checks, final placement decisions shall be based only on
the records obtained pursuant to the fingerprint check.
(19) The court of a tribe, or court of a consortium of tribes,
that has entered into an agreement with the state pursuant to Section
10553.1 of the Welfare and Institutions Code. This information may
be used only for the purposes specified in Section 16504.5 of the
Welfare and Institutions Code and for tribal approval or tribal
licensing of foster care or adoptive homes. Article 6 (commencing
with Section 11140) shall apply to officers, members, and employees
of a tribal court receiving criminal record offender information
pursuant to this section.
(20) Child welfare agency personnel of a tribe or consortium of
tribes that has entered into an agreement with the state pursuant to
Section 10553.1 of the Welfare and Institutions Code and to whom the
state has delegated duties under paragraph (2) of subdivision (a) of
Section 272 of the Welfare and Institutions Code. The purposes for
use of the information shall be for the purposes specified in Section
16504.5 of the Welfare and Institutions Code and for tribal approval
or tribal licensing of foster care or adoptive homes. When an agency
obtains records on the basis of name checks and fingerprint checks,
final placement decisions shall be based only on the records obtained
pursuant to the fingerprint check. Article 6 (commencing with
Section 11140) shall apply to child welfare agency personnel
receiving criminal record offender information pursuant to this
section.
(21) An officer providing conservatorship investigations pursuant
to Sections 5351, 5354, and 5356 of the Welfare and Institutions
Code.
(22) A court investigator providing investigations or reviews in
conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of
the Probate Code.
(23) A person authorized to conduct a guardianship investigation
pursuant to Section 1513 of the Probate Code.
(24) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties.
(c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level criminal history information upon a
showing of a compelling need to any of the following, provided that
when information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or any other
entity in fulfilling employment, certification, or licensing duties,
Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor
Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, that operates a nuclear energy facility when access
is needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To an illegal dumping enforcement officer as defined in
subdivision (j) of Section 830.7.
(4) To a peace officer of another country.
(5) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
(6) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(7) The courts of the United States, other states, or territories
or possessions of the United States.
(8) Peace officers of the United States, other states, or
territories or possessions of the United States.
(9) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
(10) (A) (i) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any cable corporation as defined in
subparagraph (B), if receipt of criminal history information is
needed in order to assist in employing current or prospective
employees, contract employees, or subcontract employees who, in the
course of their employment may be seeking entrance to private
residences or adjacent grounds. The information provided shall be
limited to the record of convictions and any arrest for which the
person is released on bail or on his or her own recognizance pending
trial.
(ii) If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
(iii) Any information obtained from the state summary criminal
history is confidential and the receiving public utility or cable
corporation shall not disclose its contents, other than for the
purpose for which it was acquired. The state summary criminal history
information in the possession of the public utility or cable
corporation and all copies made from it shall be destroyed not more
than 30 days after employment or promotion or transfer is denied or
granted, except for those cases where a current or prospective
employee is out on bail or on his or her own recognizance pending
trial, in which case the state summary criminal history information
and all copies shall be destroyed not more than 30 days after the
case is resolved.
(iv) A violation of this paragraph is a misdemeanor, and shall
give the current or prospective employee who is injured by the
violation a cause of action against the public utility or cable
corporation to recover damages proximately caused by the violations.
Any public utility's or cable corporation's request for state summary
criminal history information for purposes of employing current or
prospective employees who may be seeking entrance to private
residences or adjacent grounds in the course of their employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
(v) Nothing in this section shall be construed as imposing any
duty upon public utilities or cable corporations to request state
summary criminal history information on any current or prospective
employees.
(B) For purposes of this paragraph, "cable corporation" means any
corporation or firm that transmits or provides television, computer,
or telephone services by cable, digital, fiber optic, satellite, or
comparable technology to subscribers for a fee.
(C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal Bureau
of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the Department
of Justice may then be disseminated to the entities referenced in
subparagraph (A), as authorized by law.
(D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph shall
commence July 1, 2005.
(ii) Authority for a public utility to request federal level
criminal history information under this paragraph shall commence July
1, 2005.
(11) To any campus of the California State University or the
University of California, or any four year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may require
the convicted felon to be fingerprinted, and any inquiry to the
department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
(12) To any foreign government, if requested by the individual who
is the subject of the record requested, if needed in conjunction
with the individual's application to adopt a minor child who is a
citizen of that foreign nation. Requests for information pursuant to
this paragraph shall be in accordance with the process described in
Sections 11122 to 11124, inclusive. The response shall be provided to
the foreign government or its designee and to the individual who
requested the information.
(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person or entity making the request a fee that
it determines to be sufficient to reimburse the department for the
cost of furnishing the information. In addition, the Department of
Justice may add a surcharge to the fee to fund maintenance and
improvements to the systems from which the information is obtained.
Notwithstanding any other law, any person or entity required to pay a
fee to the department for information received under this section
may charge the applicant a fee sufficient to reimburse the person or
entity for this expense. All moneys received by the department
pursuant to this section, Sections 11105.3 and 26190 of the
Penal Code, 26190, and former Section
13588 of the Education Code shall be deposited in a special account
in the General Fund to be available for expenditure by the department
to offset costs incurred pursuant to those sections and for
maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the
Business and Professions Code shall take priority over the processing
of other applicant fingerprints.
(g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
(j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
(k) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization and the information is to be used for peace officer
employment or certification purposes. As used in this subdivision, a
peace officer is defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest or detention, except for an arrest or detention
resulting in an exoneration, provided however that where the records
of the Department of Justice do not contain a disposition for the
arrest, the Department of Justice first makes a genuine effort to
determine the disposition of the arrest.
(D) Every successful diversion.
(E) Every date and agency name associated with all retained peace
officer or nonsworn law enforcement agency employee preemployment
criminal offender record information search requests.
( l ) (1) This subdivision shall apply whenever state
or federal summary criminal history information is furnished by the
Department of Justice as the result of an application by a criminal
justice agency or organization as defined in Section 13101
of the Penal Code, 13101, and the information is
to be used for criminal justice employment, licensing, or
certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest for an offense for which the records of the
Department of Justice do not contain a disposition or did not result
in a conviction, provided that the Department of Justice first makes
a genuine effort to determine the disposition of the arrest. However,
information concerning an arrest shall not be disclosed if the
records of the Department of Justice indicate or if the genuine
effort reveals that the subject was exonerated, successfully
completed a diversion or deferred entry of judgment program, or the
arrest was deemed a detention.
(D) Every date and agency name associated with all retained peace
officer or nonsworn law enforcement agency employee preemployment
criminal offender record information search requests.
(m) (1) This subdivision shall apply
whenever state or federal summary criminal history information is
furnished by the Department of Justice as the result of an
application by an authorized agency or organization pursuant to
Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety
Code, or any statute that incorporates the criteria of any of those
sections or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction of an offense rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest for an offense for which the Department of Social
Services is required by paragraph (1) of subdivision (a) of Section
1522 of the Health and Safety Code to determine if an applicant has
been arrested. However, if the records of the Department of Justice
do not contain a disposition for an arrest, the Department of Justice
shall first make a genuine effort to determine the disposition of
the arrest.
(3) Notwithstanding the requirements of the sections referenced in
paragraph (1) of this subdivision, the Department of Justice shall
not disseminate information about an arrest subsequently deemed a
detention or an arrest that resulted in either the successful
completion of a diversion program or exoneration.
(n) (1) This subdivision shall apply whenever state or federal
summary criminal history information, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:
(A) Paragraph (9) of subdivision (c), when the information is to
be used by a cable corporation.
(B) Section 11105.3 or 11105.4.
(C) Section 15660 of the Welfare and Institutions Code.
(D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.
(2) With the exception of applications submitted by transportation
companies authorized pursuant to Section 11105.3, and
notwithstanding any other provision of law, whenever state summary
criminal history information is furnished pursuant to paragraph (1),
the Department of Justice shall disseminate the following
information:
(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in
subdivision (a) of Section 15660 of the Welfare and Institutions
Code. However, with the exception of those offenses for which
registration is required pursuant to Section 290, the Department of
Justice shall not disseminate information pursuant to this
subdivision unless the conviction occurred within 10 years of the
date of the agency's request for information or the conviction is
over 10 years old but the subject of the request was incarcerated
within 10 years of the agency's request for information.
(B) Every arrest for a violation or attempted violation of an
offense specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code for which the applicant is presently awaiting
trial, whether the applicant is incarcerated or has been released on
bail or on his or her own recognizance pending trial.
(o) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 261 379
or 550 of the Financial Code, or any statute that incorporates
the criteria of either of those sections or this subdivision by
reference, and the information is to be used for employment,
licensing, or certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
550 of the Financial Code.
(B) Every arrest for a violation or attempted violation of an
offense specified in Section 550 of the Financial Code for which the
applicant is presently awaiting trial, whether the applicant is
incarcerated or has been released on bail or on his or her own
recognizance pending trial.
(p) (1) This subdivision shall apply whenever state or federal
criminal history information is furnished by the Department of
Justice as the result of an application by an agency, organization,
or individual not defined in subdivision (k), (l), (m), (n), or (o),
or by a transportation company authorized pursuant to Section
11105.3, or any statute that incorporates the criteria of that
section or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
(2) Notwithstanding any other provisions of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(q) All agencies, organizations, or individuals defined in
subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2. This subdivision shall not supersede sections that
mandate an agency, organization, or individual to contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2.
(r) Nothing in this section shall be construed to mean that the
Department of Justice shall cease compliance with any other statutory
notification requirements.
(s) The provisions of Section 50.12 of Title 28 of the Code of
Federal Regulations are to be followed in processing federal criminal
history information.
SEC. 62. Section 12022.1 of the Penal
Code is amended to read:
12022.1. (a) For the purposes of this section only:
(1) "Primary offense" means a felony offense for which a person
has been released from custody on bail or on his or her own
recognizance prior to the judgment becoming final, including the
disposition of any appeal, or for which release on bail or his or her
own recognizance has been revoked. In cases where the court has
granted a stay of execution of a county jail commitment or state
prison commitment, "primary offense" also means a felony offense for
which a person is out of custody during the period of time between
the pronouncement of judgment and the time the person actually
surrenders into custody or is otherwise returned to custody.
(2) "Secondary offense" means a felony offense alleged to have
been committed while the person is released from custody for a
primary offense.
(b) Any person arrested for a secondary offense which was alleged
to have been committed while that person was released from custody on
a primary offense shall be subject to a penalty enhancement of an
additional two years in state prison which shall
be served consecutive to any other term imposed by the court.
(c) The enhancement allegation provided in subdivision (b) shall
be pleaded in the information or indictment which alleges the
secondary offense, or in the information or indictment of the primary
offense if a conviction has already occurred in the secondary
offense, and shall be proved as provided by law. The enhancement
allegation may be pleaded in a complaint but need not be proved at
the preliminary hearing or grand jury hearing.
(d) Whenever there is a conviction for the secondary offense and
the enhancement is proved, and the person is sentenced on the
secondary offense prior to the conviction of the primary offense, the
imposition of the enhancement shall be stayed pending imposition of
the sentence for the primary offense. The stay shall be lifted by the
court hearing the primary offense at the time of sentencing for that
offense and shall be recorded in the abstract of judgment. If the
person is acquitted of the primary offense the stay shall be
permanent.
(e) If the person is convicted of a felony for the primary
offense, is sentenced to state prison for the primary offense, and is
convicted of a felony for the secondary offense, any state
prison sentence for the secondary offense shall be
consecutive to the primary sentence and the aggregate term shall
be served in the state prison, even if the term for the secondary
offense specifi es imprisonment in county jail pursuant to
subdivision (h) of Section 1170 .
(f) If the person is convicted of a felony for the primary
offense, is granted probation for the primary offense, and is
convicted of a felony for the secondary offense, any state
prison sentence for the secondary offense shall be enhanced
as provided in subdivision (b).
(g) If the primary offense conviction is reversed on appeal, the
enhancement shall be suspended pending retrial of that felony. Upon
retrial and reconviction, the enhancement shall be reimposed. If the
person is no longer in custody for the secondary offense upon
reconviction of the primary offense, the court may, at its
discretion, reimpose the enhancement and order him or her recommitted
to custody.
SEC. 63. Section 13300 of the Penal
Code is amended to read:
13300. (a) As used in this section:
(1) "Local summary criminal history information" means the master
record of information compiled by any local criminal justice agency
pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of
Part 4 pertaining to the identification and criminal history of any
person, such as name, date of birth, physical description, dates of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(2) "Local summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
that local agency, nor does it refer to records of complaints to or
investigations conducted by, or records of intelligence information
or security procedures of, the local agency.
(3) "Local agency" means a local criminal justice agency.
(b) A local agency shall furnish local summary criminal history
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a
public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and
(j) of Section 830.3, and subdivisions (a), (b), and (c) of Section
830.5.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
(6) Probation officers of the state.
(7) Parole officers of the state.
(8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(9) A public defender or attorney of record when representing a
person in a criminal case , or a parole, mandatory supervision,
or postrelease community supervision revocation or revocation
extension hearing, and when authorized access by statutory or
decisional law.
(10) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(11) Any city, county, city and county, or district, or any
officer or official thereof, when access is needed in order to assist
the agency, officer, or official in fulfilling employment,
certification, or licensing duties, and when the access is
specifically authorized by the city council, board of supervisors, or
governing board of the city, county, or district when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(12) The subject of the local summary criminal history
information.
(13) Any person or entity when access is expressly authorized by
statute when the local summary criminal history information is
required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
the specified criminal conduct.
(14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(15) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parents having failed to provide support for
the minor children, consistent with Section 17531 of the Family Code.
(16) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal information pursuant to Section 272 of the Welfare and
Institutions Code for the purposes specified in Section 16504.5 of
the Welfare and Institutions Code.
(17) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties. A
local agency may charge a reasonable fee sufficient to cover the
costs of providing information pursuant to this paragraph.
(c) The local agency may furnish local summary criminal history
information, upon a showing of a compelling need, to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to local summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States when this information is needed for the performance of
their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) To any individual who is the subject of the record requested
when needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing persons
who will be seeking entrance to private residences in the course of
their employment. The information provided shall be limited to the
record of convictions and any arrest for which the person is released
on bail or on his or her own recognizance pending trial.
If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.
Any information obtained from the local summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed 30
days after employment is denied or granted, including any appeal
periods, except for those cases where an employee or applicant is out
on bail or on his or her own recognizance pending trial, in which
case the state summary criminal history information and all copies
shall be destroyed 30 days after the case is resolved, including any
appeal periods.
A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is injured
by the violation a cause of action against the public utility to
recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.
Seeking entrance to private residences in the course of employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
(10) Any city, county, city and county, or district, or any
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting to,
or approving of, the prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest.
Any local government's request for local summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this subdivision. However, only local summary
criminal history information pertaining to criminal convictions may
be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history
is confidential and the receiving local government shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the local government and all copies made from it shall be destroyed
not more than 30 days after the local government's final decision to
grant or deny consent to, or approval of, the prospective
concessionaire's application for, or acquisition of, a beneficial
interest in a concession, lease, or other property interest. Nothing
in this section shall be construed as imposing any duty upon a local
government, or any officer or official thereof, to request local
summary criminal history information on any current or prospective
concessionaire or their affiliates or associates.
(d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency has no criminal
history of that person, and the information is to be used for
employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be stamped
"no criminal record" and returned to the person or entity making the
request.
(e) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge a
fee to cover the cost of taking the fingerprints and processing the
required documents.
(f) Whenever local summary criminal history information furnished
pursuant to this section is to be used for employment, licensing, or
certification purposes, the local agency shall charge the person or
entity making the request a fee which it determines to be sufficient
to reimburse the local agency for the cost of furnishing the
information, provided that no fee shall be charged to any public law
enforcement agency for local summary criminal history information
furnished to assist it in employing, licensing, or certifying a
person who is applying for employment with the agency as a peace
officer or criminal investigator. Any state agency required to pay a
fee to the local agency for information received under this section
may charge the applicant a fee sufficient to reimburse the agency for
the expense.
(g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.
(h) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(i) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(j) Notwithstanding any other law, a public prosecutor may, in
response to a written request made pursuant to Section 6253 of the
Government Code, provide information from a local summary criminal
history, if release of the information would enhance public safety,
the interest of justice, or the public's understanding of the justice
system and the person making the request declares that the request
is made for a scholarly or journalistic purpose. If a person in a
declaration required by this subdivision willfully states as true any
material fact that he or she knows to be false, he or she shall be
subject to a civil penalty not exceeding ten thousand dollars
($10,000). The requestor shall be informed in writing of this
penalty. An action to impose a civil penalty under this subdivision
may be brought by any public prosecutor and shall be enforced as a
civil judgment.
(k) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information record checks which are authorized by law.
( l ) Any local criminal justice agency may release,
within five years of the arrest, information concerning an arrest or
detention of a peace officer or applicant for a position as a peace
officer, as defined in Section 830, which did not result in
conviction, and for which the person did not complete a postarrest
diversion program or a deferred entry of judgment program, to a
government agency employer of that peace officer or applicant.
(m) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment program
to a government agency employer of that peace officer or applicant.
(n) Notwithstanding subdivision ( l ) or (m), a local
criminal justice agency shall not release information under the
following circumstances:
(1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.
(2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
(3) Information concerning an arrest without a disposition without
attempting to determine whether diversion has been successfully
completed or the individual was exonerated.
SEC. 64. Section 13821 of the Penal
Code is amended to read:
13821. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 12.68 percent in the 2008-09 fiscal year and 11.42 percent
in the 2009-10 fiscal year, and each fiscal year thereafter, to the
California Emergency Management Agency. The Controller shall allocate
these funds on a quarterly basis beginning April 1, 2009.
(b) Commencing with
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. 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 which shall be developed according to the agency'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 and each fiscal year thereafter. year.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2
percent in the 2011-12 fiscal year, and each fiscal year
thereafter. year.
(3) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
year and each fiscal year thereafter. 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, and each fiscal year thereafter.
year.
(5) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 3.91 percent in the 2011-12 fiscal
year and each fiscal year thereafter. 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 and each fiscal year
thereafter. year.
(c)
(b) For the 2011-12 fiscal year, the California
Emergency Management Agency may be reimbursed up to five hundred
eleven thousand dollars ($511,000) from the funds allocated in
subdivision (b) (a) for program
administrative costs.
(c) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 8.35 percent of the 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
47.52 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 County |1.1224% |
+--------------------+-------------+
|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 2012-13 fiscal year, the Multi-Agency Gang
Enforcement Consortium shall receive 0.2 percent and shall be
allocated by the Controller to Fresno County.
(3) Commencing with the 2012-13 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48 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% |
+----------------+-----------------+
(4) Commencing with the 2012-13 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.83 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 |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% |
+----------------------------------+--------------+
(5) Commencing with the 2012-13 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.91 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 | |
+----------------+-----------------+
(6) 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 9.06 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% |
+------------------+----------------+
(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. 65. Section 13826.1 of the Penal
Code , as amended by Section 229 of Chapter 36
of the Statutes of 2011, is amended to read:
13826.1. (a) There is hereby established in the agency,
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. All funds appropriated to the
agency for the purposes of this chapter shall be administered and
disbursed by the secretary in consultation with the California
Council on Criminal Justice, and shall to the greatest extent
feasible be coordinated or consolidated with federal funds that may
be made available for these purposes.
(b) The secretary is authorized to allocate and award funds to
cities, counties, school districts, county offices of education, or
any consortium thereof, and community-based organizations in which
gang violence suppression programs are established in substantial
compliance with the policies and criteria set forth in this chapter.
(c) The allocation and award of funds shall be
(b) Funds made on the
application of the district attorney, chief law enforcement officer,
or chief probation officer of the applicant unit of government and
approved by the legislative body, on the application of school
districts, county offices of education, or any consortium thereof, or
on the application of the chief executive of a community-based
organization. All programs funded available
pursuant to this chapter shall work cooperatively
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. 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.
(d) The secretary shall prepare and issue written program and
administrative guidelines and procedures for the Gang Violence
Suppression Program, consistent with this chapter. These guidelines
shall set forth the terms and conditions upon which the agency is
prepared to offer grants of funds pursuant to statutory authority.
The guidelines do not constitute rules, regulations, orders, or
standards of general application.
(e) Annually, commencing November 1, 1984, the secretary shall
prepare a report to the Legislature describing in detail the
operation of the statewide program and the results obtained by
district attorneys' offices, local law enforcement agencies, county
probation departments, school districts, county offices of education,
or any consortium thereof, and community-based organizations
receiving funds under this chapter and under comparable federally
financed awards.
(f) Criteria for selection of district attorneys' offices, local
law enforcement agencies, county probation departments, school
districts, county offices of education, or any consortium thereof,
and community-based organizations to receive gang violence
suppression funding shall be developed in consultation with the Gang
Violence Suppression Advisory Committee whose members shall be
appointed by the secretary, unless otherwise designated.
(g) The Gang Violence Suppression Advisory Committee shall be
composed of five district attorneys; two chief probation officers;
two representatives of community-based organizations; three attorneys
primarily engaged in the practice of juvenile criminal defense;
three law enforcement officials with expertise in gang-related
investigations; one member from the California Youth Authority Gang
Task Force nominated by the Director of the California Youth
Authority; one member of the Department of Corrections Law
Enforcement Liaison Unit nominated by the Director of the Department
of Corrections and Rehabilitation; one member from the Department of
Justice nominated by the Attorney General; the Superintendent of
Public Instruction, or his or her designee; one member of the
California School Boards Association; and one representative of a
school program specializing in the education of the target population
identified in this chapter.
Five members of the Gang Violence Suppression Advisory Committee
appointed by the secretary shall be from rural or predominately
suburban counties and shall be designated by the secretary as
comprising the Rural Gang Task Force Subcommittee.
The Rural Gang Task Force Subcommittee, in coordination with the
Gang Violence Suppression Advisory Committee and the agency, shall
review the Gang Violence Suppression Program participation
requirements and recommend changes in the requirements which
recognize the unique conditions and constraints that exist in small
rural jurisdictions and enhance the ability of small rural
jurisdictions to participate in the Gang Violence Suppression
Program.
(h) The secretary shall designate a staff member in the Gang
Violence Suppression Program to act as the Rural Gang Prevention
Coordinator and to provide technical assistance and outreach to rural
jurisdictions with emerging gang activities. It is the intent of the
Legislature that compliance with this subdivision not necessitate an
additional staff person.
(i) This section shall be operative January 1, 1994.
SEC. 66. Section 13826.1 of the Penal
Code , as amended by Section 62 of Chapter 36 of the
Statutes of 2011, 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. All
funds appropriated to the board for the purposes of this chapter
shall be administered and disbursed by the board consistent with the
purposes and mission of the board, and shall to the greatest extent
feasible be coordinated or consolidated with federal funds that may
be made available for these purposes.
(b) The board is authorized to allocate and award funds to cities,
counties, school districts, county offices of education, or any
consortium thereof, and community-based organizations in which gang
violence suppression programs are established in substantial
compliance with the policies and criteria set forth in this chapter.
(c) The allocation and award of funds shall be
(b) Funds made on the
application of the district attorney, chief law enforcement officer,
or chief probation officer of the applicant unit of government and
approved by the legislative body, on the application of school
districts, county offices of education, or any consortium thereof, or
on the application of the chief executive of a community-based
organization. All programs funded available
pursuant to this chapter shall work cooperatively
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. 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.
(d) The board shall prepare and issue written program and
administrative guidelines and procedures for the Gang Violence
Suppression Program, consistent with this chapter. These guidelines
shall set forth the terms and conditions upon which the board is
prepared to offer grants of funds pursuant to statutory authority.
The guidelines do not constitute rules, regulations, orders, or
standards of general application.
(e) Annually, commencing November 1, 1984, the board shall prepare
a report to the Legislature describing in detail the operation of
the statewide program and the results obtained by district attorneys'
offices, local law enforcement agencies, county probation
departments, school districts, county offices of education, or any
consortium thereof, and community-based organizations receiving funds
under this chapter and under comparable federally financed awards.
(f) Criteria for selection of district attorneys' offices, local
law enforcement agencies, county probation departments, school
districts, county offices of education, or any consortium thereof,
and community-based organizations to receive gang violence
suppression funding shall be developed in consultation with the Gang
Violence Suppression Advisory Committee whose members shall be
appointed by the executive director of the board, unless otherwise
designated.
(g) (1) The Gang Violence Suppression Advisory Committee shall be
composed of five district attorneys; two chief probation officers;
two representatives of community-based organizations; three attorneys
primarily engaged in the practice of juvenile criminal defense;
three law enforcement officials with expertise in gang-related
investigations; one member from the California Youth Authority Gang
Task Force nominated by the Director of the California Youth
Authority; one member of the Department of Corrections Law
Enforcement Liaison Unit nominated by the Director of the Department
of Corrections and Rehabilitation; one member from the Department of
Justice nominated by the Attorney General; the Superintendent of
Public Instruction, or his or her designee; one member of the
California School Boards Association; and one representative of a
school program specializing in the education of the target population
identified in this chapter.
(2) Five members of the Gang Violence Suppression Advisory
Committee appointed by the executive director shall be from rural or
predominately suburban counties and shall be designated by the
secretary as comprising the Rural Gang Task Force Subcommittee.
(3) The Rural Gang Task Force Subcommittee, in coordination with
the Gang Violence Suppression Advisory Committee and the board, shall
review the Gang Violence Suppression Program participation
requirements and recommend changes in the requirements which
recognize the unique conditions and constraints that exist in small
rural jurisdictions and enhance the ability of small rural
jurisdictions to participate in the Gang Violence Suppression
Program.
(h) The executive director shall designate a staff member in the
Gang Violence Suppression Program to act as the Rural Gang Prevention
Coordinator and to provide technical assistance and outreach to
rural jurisdictions with emerging gang activities. It is the intent
of the Legislature that compliance with this subdivision not
necessitate an additional staff person.
SEC. 67. Section 13826.15 of the Penal
Code , as amended by Section 230 of Chapter 36
of the Statutes of 2010, is amended to read:
13826.15. (a) The Legislature hereby finds and declares that the
implementation of the Gang Violence Suppression Program, as provided
in this chapter, has made a positive impact in the battle against
crimes committed by gang members in California.
The
(b) The Legislature further finds
and declares that the program, when it was originally created in
1981, provided financial and technical assistance only for district
attorneys' offices. Since that time, however, the provisions of the
program have been amended by the Legislature to enable additional
public entities and community-based organizations to participate in
the program. In this respect, the agency, pursuant to
Section 13826.1, administers funding for the program by awarding
grants to worthy applicants. Therefore, it is the intent of the
Legislature in enacting this measure to assist the agency in setting
forth guidelines for this funding.
(b) The agency may give priority to applicants for new grant
awards, as follows:
(1) First priority may be given to applicants representing
unfunded single components, as specified in Sections 13826.2,
13826.4, 13826.5, 13826.6, and 13826.65, in those counties that
receive Gang Violence Suppression Program funding for some, but not
all, of the program's components. The purpose of establishing this
priority is to provide funding for a full complement of the five Gang
Violence Suppression Program components in those counties that have
less than all five
components established.
(2) Second priority may be given to those applicants that propose
a multiagency, or multijurisdictional single component project,
whereby more than one agency would be funded as a joint project under
the single components specified in Sections 13826.2, 13826.4,
13826.5, 13826.6, and 13826.65, and the funding would be provided
through a single grant award.
(3) Third priority may be given to applicants that propose
multijurisdictional multicomponent projects, whereby all five Gang
Violence Suppression Program components, as specified in Sections
13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, would be funded in
a county that does not currently receive Gang Violence Suppression
Program funds.
(4) Fourth priority may be given to those single agency single
component applicants, in counties wherein the program component is
not currently funded.
(c) The agency shall consider the unique needs of, and
circumstances of jurisdiction in, rural and suburban counties when
awarding new grant funds.
SEC. 68. Section 13826.15 of the Penal
Code , as amended by Section 63 of Chapter 36 of the
Statutes of 2011, is amended to read:
13826.15. (a) (1) The
Legislature hereby finds and declares that the implementation of the
Gang Violence Suppression Program, as provided in this chapter, has
made a positive impact in the battle against crimes committed by gang
members in California.
(2)
(b) The Legislature further finds and declares that the
program, when it was originally created in 1981, provided financial
and technical assistance only for district attorneys' offices. Since
that time, however, the provisions of the program have been amended
by the Legislature to enable additional public entities and
community-based organizations to participate in the program.
In this respect, the agency, pursuant to Section 13826.1,
administers funding for the program by awarding grants to worthy
applicants. Therefore, it is the intent of the Legislature in
enacting this measure to assist the Board of State and Community
Corrections in setting forth guidelines for this funding.
(b) The board may give priority to applicants for new grant
awards, as follows:
(1) First priority may be given to applicants representing
unfunded single components, as specified in Sections 13826.2,
13826.4, 13826.5, 13826.6, and 13826.65, in those counties that
receive Gang Violence Suppression Program funding for some, but not
all, of the program's components. The purpose of establishing this
priority is to provide funding for a full complement of the five Gang
Violence Suppression Program components in those counties that have
less than all five components established.
(2) Second priority may be given to those applicants that propose
a multiagency, or multijurisdictional single component project,
whereby more than one agency would be funded as a joint project under
the single components specified in Sections 13826.2, 13826.4,
13826.5, 13826.6, and 13826.65, and the funding would be provided
through a single grant award.
(3) Third priority may be given to applicants that propose
multijurisdictional multicomponent projects, whereby all five Gang
Violence Suppression Program components, as specified in Sections
13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, would be funded in
a county that does not currently receive Gang Violence Suppression
Program funds.
(4) Fourth priority may be given to those single agency single
component applicants, in counties wherein the program component is
not currently funded.
(c) The board shall consider the unique needs of, and
circumstances of jurisdiction in, rural and suburban counties when
awarding new grant funds.
SEC. 69. Section 13826.2 of the Penal
Code is amended to read:
13826.2. Gang violence prosecution units receiving funds under
this chapter shall are encouraged to
concentrate enhanced prosecution efforts and resources upon cases
identified under the suggested criteria set forth in
Section 13826.3. Enhanced prosecution efforts shall
may include, but not be limited to:
(a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a
gang-related case will perform all subsequent court appearances on
that particular case through its conclusion, including the sentencing
phase.
(b) Assignment of highly qualified investigators and prosecutors
to gang-related cases.
(c) Significant reduction of caseloads for investigators and
prosecutors assigned to gang-related cases.
(d) Measures taken in coordination with law enforcement agencies
to protect cooperating witnesses from intimidation or retribution at
the hands of gang members or associates.
SEC. 70. Section 13826.3 of the Penal
Code is amended to read:
13826.3. (a) An individual shall be is
subject to gang violence prosecution efforts who
if he or she is under arrest for the commission
or the attempted commission of any gang-related violent crime where
the individual is (1) a known member of a gang, and (2) has exhibited
a prior criminal background.
(b) For purposes of this chapter, gang-related
"gang-related" means that the suspect or victim of the
crime is a known member of a gang.
(c) For purposes of this chapter, gang violence prosecution
includes both criminal prosecutions and proceedings in Juvenile Court
in which a petition is filed pursuant to Section 602 of the Welfare
and Institutions Code.
SEC. 71. Section 13826.4 of the Penal
Code is amended to read:
13826.4. Law enforcement agencies receiving funds under this
chapter shall are encouraged to
concentrate enhanced law enforcement efforts and resources upon cases
identified under criteria set forth in Section 13826.3. Enhanced law
enforcement criteria efforts shall may
include, but not be limited to:
(a) The formation of a specialized gang violence unit whose staff
shall be composed of the most highly qualified and trained personnel.
(b) The efforts of the gang violence unit shall
may include, but not be limited to:
(1) Increased efforts to apprehend, prosecute, and convict violent
"hard core" target gang members.
(2) Increasing the clearance rate of reported crimes which are
targeted as gang related.
(3) Establishing more positive relations with, and encouraging the
support of local citizens, community-based organizations, business
representatives, and other criminal agencies.
(4) Aiding and assisting other criminal justice and governmental
agencies in protecting cooperating witnesses from intimidation or
retribution at the hands of gang members and their associates.
(c) Law enforcement agencies receiving funds under this program
shall maintain a crime analysis capability which provides the
following type of information:
(1) Identification of active gang members who have exhibited a
prior criminal background.
(2) Identification of evolving or existing crime patterns that are
gang related.
(3) Providing investigative leads.
(4) Maintaining statistical information pertaining to gang related
criminal activity.
SEC. 72. Section 13826.5 of the Penal
Code is amended to read:
13826.5. County probation departments receiving funding under
this chapter shall strictly enforce court-ordered conditions of
probation for gang members.
(a) County probation departments supported under the Gang Violence
Suppression Program shall may
implement the following activities:
(1) A Gang Violence Intensive Supervision Unit dealing with gang
members shall may be established.
(2) Criteria used to determine which probationer shall
may be assigned to the Gang Violence Intensive
Supervision Unit shall may be approved
by the district attorney having a Gang Violence Prosecution Unit
described in Section 13826.2.
(3) Probationers County probation
departments are encouraged to inform probationers whose cases
are assigned to the intensive supervision unit shall be
informed of what types of behavior are prescribed or
forbidden. The notice shall be provided
counties are encouraged to provide notice in both oral and
written form.
(4) Probationers County probation
departments are encouraged to inform probationers whose cases
are assigned to the intensive supervision unit shall be
informed, unit, in writing, that all
court-ordered conditions of probation will be strictly enforced.
(5) Deputy County probation
departments are encouraged to ensure that deputy probation
officers in the intensive supervision unit shall
have reduced probationer caseloads and shall
coordinate their supervision efforts with law enforcement and
prosecution personnel. The coordination shall
is encouraged to include informing law enforcement and
prosecution personnel of the conditions set for probationers and of
the strict enforcement procedures to be implemented.
(6) Deputy probation officers in the intensive supervision unit
shall are encouraged to coordinate with
the district attorney in ensuring that court-ordered conditions of
probation are consistently enforced.
(7) Intensive supervision unit deputy probation officers
shall are encouraged to coordinate, whenever
feasible, with community-based organizations in seeking to ensure
that probationers adhere to their court-ordered conditions.
(b) County probation departments may implement the California TEAM
(Together Each Achieves More) Sports Camp Program, as described in
Article 23.5 (commencing with Section 875) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code.
SEC. 73. Section 13826.6 of the Penal
Code is amended to read:
13826.6. For purposes of this chapter, a "community-based"
organization is defined as a nonprofit operation established to serve
gang members, their families, schools, and the community with
programs of community supervision and service that maintain community
participation in the planning, operation, and evaluation of their
programs.
"Community-based" organization also includes public park and
recreation agencies, public libraries, and public community services
departments that provide gang suppression activities, either alone or
in cooperation with other public agencies or other community-based
organizations.
(a) Unless funded pursuant to subdivision (c), community-based
organizations supported under the Gang Violence Suppression Program
shall may implement the following
activities:
(1) Providing information to law enforcement agencies concerning
gang related activities in the community.
(2) Providing information to school administrators and staff
concerning gang related activities in the community.
(3) Providing conflict resolution by means of intervention or
mediation to prevent and limit gang crisis situations.
(4) Increasing witness cooperation through coordination with local
law enforcement and prosecutors and by education of the community
about the roles of these government agencies and the availability of
witness protection services.
(b) Community-based organizations funded pursuant to subdivision
(a) shall may also implement
at least one of the following activities:
(1) Maintaining a 24-hour public telephone message center for the
receipt of information and to assist individuals seeking services
from the organization.
(2) Maintaining a "rumor control" public telephone service to
provide accurate and reliable information to concerned citizens.
(3) Providing technical assistance and training concerning gang
related activities to school staff members, law enforcement
personnel, and community members , including parental
groups. This training and assistance shall
may include coverage of how to prevent and minimize intergang
confrontations.
(4) Providing recreational activities for gang members or
potential gang members.
(5) Providing job training and placement services for youth.
(6) Referring gang members, as needed, to appropriate agencies for
the treatment of health, psychological, and drug-related problems.
(7) Administration of the Urban Corps Program pursuant to Section
13826.62.
(8) Mobilizing the community to share joint responsibility with
local criminal justice personnel to prevent and suppress gang
violence.
(c) Community-based organizations funded under the Gang Violence
Suppression Program for specialized school prevention and
intervention activities shall only be required to implement
activities in the schools which are designed to discourage students
from joining gangs and which offer or encourage students to
participate in alternative programs.
(d) Community-based organizations funded pursuant to the Gang
Violence Suppression Program as of January 1, 1997, shall receive
preference over public agencies in any future funding awards.
SEC. 74. Section 13826.62 of the Penal
Code is amended to read:
13826.62. (a) There is hereby established in the agency the Urban
Corps Program. The Urban Corps Program is established as an optional
activity under Section 13826.6. Community-based organizations
receiving grants to participate in the Urban Corps Program
shall may implement the following activities:
(1) Identification of publicly and privately administered programs
in the county dealing with the suppression or prevention of criminal
gang activities, or both.
(2) Maintenance of a listing of programs within the county
identified as dealing with the suppression or prevention of criminal
gang activities, or both.
(3) Surveying gang suppression and prevention organizations for
the types of services and activities each is engaged in, and
identifying needs among these organizations for resources to provide
services and fulfill their activities.
(4) Recruitment of volunteers, identification of their skills,
abilities, and interests, and matching volunteers with the resource
needs of gang prevention and suppression organizations.
(5) Establishment of an urban respite program for the purpose of
preventing self-destructive activities and diverting (A) identified
youth gang members, and (B) youths who are at risk of becoming gang
members, for the purposes of reducing or eliminating incentives for
those youths to participate in gang-related crime activities.
(b) The Urban Corps Program shall operate within the agency for
two years following the establishment of a contract with a
community-based organization to administer the program.
(c) This section shall be implemented to the extent that funds are
available to the agency for this purpose.
SEC. 75. Section 13848.2 of the Penal
Code is amended to read:
13848.2. (a) There is
hereby established in the California Emergency Management
Agency a program of financial and technical assistance for
law enforcement and district attorneys' offices, designated the High
Technology Theft Apprehension and Prosecution Program. All
funds allocated to the California Emergency Management Agency for the
purposes of this chapter shall be administered and disbursed by the
Secretary of Emergency Management in consultation with the High
Technology Crime Advisory Committee as established in Section 13848.6
and shall to the extent feasible be coordinated with federal funds
and private grants or private donations that are made available for
these purposes.
(b) The Secretary of California Emergency Management is authorized
to allocate and award funds to regional high technology crime
programs which are established in compliance with Section 13848.4.
(c) The allocation and award of funds under this chapter shall be
made on application executed by the district attorney, county
sheriff, or chief of police and approved by the board of supervisors
for each county that is a participant of a high technology theft
apprehension and prosecution unit.
SEC. 76. Section 13848.4 of the Penal
Code is amended to read:
13848.4. (a) Moneys allocated for the High Technology Theft
Apprehension and Prosecution Program pursuant to subdivision
(b) of Section 13821 shall be expended to fund programs to
enhance the capacity of local law enforcement and prosecutors to
deter, investigate, and prosecute high technology related crimes.
After deduction of the actual and necessary administrative
costs referred to in subdivision (f), the funds Funds
shall be expended to fund programs to enhance the capacity of
local law enforcement, state police, and local prosecutors to deter,
investigate, and prosecute high technology related crimes. Any funds
distributed under this chapter shall be expended for the exclusive
purpose of deterring, investigating, and prosecuting high technology
related crimes.
(b) Up The funds allocated to
10 percent the Department of
the funds Justice pursuant to paragraph (4) of
subdivision (c) of Section 13821 shall be used for developing
and maintaining a statewide database on high technology crime for use
in developing and distributing intelligence information to
participating law enforcement agencies. In addition, the
Secretary of The funds allocated to the
California Emergency Management may allocate and award up
District Attorneys Association pursuant to
5 percent paragraph (4) of the
funds available to public agencies or private nonprofit
organizations subdivision (c) of Section 13821, shall
be used for the purposes of establishing statewide programs of
education, training, and research for public prosecutors,
investigators, and law enforcement officers relating to deterring,
investigating, and prosecuting high technology related crimes.
Any funds not expended in a fiscal year for these purposes
shall be distributed to regional high technology theft task forces
pursuant to subdivision (b).
(c) Any regional task force receiving funds under this section may
elect to have the Department of Justice administer the regional task
force program. The department may be reimbursed for any expenditures
incurred for administering a regional task force from funds given to
local law enforcement pursuant to subdivision (b).
(d) The California Emergency Management Agency shall distribute
funds to eligible agencies pursuant to subdivision (b) in
consultation with the High Technology Crime Advisory Committee
established pursuant to Section 13848.6.
(e) Administration of the overall program and the evaluation and
monitoring of all grants made pursuant to this chapter shall be
performed by the California Emergency Management Agency.
SEC. 77. Section 13848.6 of the Penal
Code is repealed.
13848.6. (a) The High Technology Crime Advisory Committee is
hereby established for the purpose of formulating a comprehensive
written strategy for addressing high technology crime throughout the
state, with the exception of crimes that occur on state property or
are committed against state employees, and to advise the California
Emergency Management Agency on the appropriate disbursement of funds
to regional task forces.
(b) This strategy shall be designed to be implemented through
regional task forces. In formulating that strategy, the committee
shall identify various priorities for law enforcement attention,
including the following goals:
(1) To apprehend and prosecute criminal organizations, networks,
and groups of individuals engaged in the following activities:
(A) Theft of computer components and other high technology
products.
(B) Violations of Sections 211, 350, 351a, 459, 496, 537e, 593d,
593e, 653h, 653s, and 653w.
(C) Theft of telecommunications services and other violations of
Sections 502.7 and 502.8.
(D) Counterfeiting of negotiable instruments and other valuable
items through the use of computer technology.
(E) Creation and distribution of counterfeit software and other
digital information, including the use of counterfeit trademarks to
misrepresent the origin of that software or digital information.
(F) Creation and distribution of pirated sound recordings or
audiovisual works or the failure to disclose the origin of a
recording or audiovisual work.
(2) To apprehend and prosecute individuals and groups engaged in
the unlawful access, destruction, or unauthorized entry into and use
of private, corporate, or government computers and networks,
including wireless and wire line communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, and unauthorized disclosure of data stored
within those computers.
(3) To apprehend and prosecute individuals and groups engaged in
the theft of trade secrets.
(4) To investigate and prosecute high technology crime cases
requiring coordination and cooperation between regional task forces
and local, state, federal, and international law enforcement
agencies.
(c) The Secretary of California Emergency Management shall appoint
the following members to the committee:
(1) A designee of the California District Attorneys Association.
(2) A designee of the California State Sheriffs Association.
(3) A designee of the California Police Chiefs Association.
(4) A designee of the Attorney General.
(5) A designee of the Department of the California Highway Patrol.
(6) A designee of the High Technology Crime Investigation
Association.
(7) A designee of the California Emergency Management Agency.
(8) A designee of the American Electronic Association to represent
California computer system manufacturers.
(9) A designee of the American Electronic Association to represent
California computer software producers.
(10) A designee of CTIA - The Wireless Association.
(11) A representative of the California Internet industry.
(12) A designee of the Semiconductor Equipment and Materials
International.
(13) A designee of the California Cable & Telecommunications
Association.
(14) A designee of the Motion Picture Association of America.
(15) A designee of the California Communications Associations
(CalCom).
(16) A representative of the California banking industry.
(17) A representative of the Office of Information Security and
Privacy Protection.
(18) A representative of the Department of Finance.
(19) A representative of the State Chief Information Officer.
(20) A representative of the Recording Industry of America.
(21) A representative of the Consumers Union.
(d) The Secretary of California Emergency Management shall
designate the Chairperson of the High Technology Crime Advisory
Committee from the appointed members.
(e) The advisory committee shall not be required to meet more than
12 times per year. The advisory committee may create subcommittees
of its own membership, and each subcommittee shall meet as often as
the subcommittee members find necessary. It is the intent of the
Legislature that all advisory committee members shall actively
participate in all advisory committee deliberations required by this
chapter.
Any member who, without advance notice to the Secretary of
California Emergency Management and without designating an
alternative representative, misses three scheduled meetings in any
calendar year for any reason other than severe temporary illness or
injury (as determined by the secretary) shall automatically be
removed from the advisory committee. If a member wishes to send an
alternative representative in his or her place, advance written
notification of this substitution shall be presented to the executive
director. This notification shall be required for each meeting the
appointed member elects not to attend.
Members of the advisory committee shall receive no compensation
for their services, but shall be reimbursed for travel and per diem
expenses incurred as a result of attending meetings sponsored by the
California Emergency Management Agency.
(f) The Secretary of California Emergency Management, in
consultation with the High Technology Crime Advisory Committee, shall
develop specific guidelines and administrative procedures for the
selection of projects to be funded by the High Technology Theft
Apprehension and Prosecution Program, which guidelines shall include
the following selection criteria:
(1) Each regional task force that seeks funds shall submit a
written application to the committee setting forth in detail the
proposed use of the funds.
(2) In order to qualify for the receipt of funds, each proposed
regional task force submitting an application shall provide written
evidence that the agency meets either of the following conditions:
(A) The regional task force devoted to the investigation and
prosecution of high technology related crimes is comprised of local
law enforcement and prosecutors, and has been in existence for at
least one year prior to the application date.
(B) At least one member of the task force has at least three
years of experience in investigating or prosecuting cases of
suspected high technology crime.
(3) Each regional task force shall be identified by a name that is
appropriate to the area that it serves. In order to qualify for
funds, a regional task force shall be comprised of local law
enforcement and prosecutors from at least two counties. At the time
of funding, the proposed task force shall also have at least one
investigator assigned to it from a state law enforcement agency. Each
task force shall be directed by a local steering committee composed
of representatives of participating agencies and members of the local
high technology industry.
(4) The California High Technology Crimes Task Force shall be
comprised of each regional task force developed pursuant to this
subdivision.
(5) Additional criteria that shall be considered by the advisory
committee in awarding grant funds shall include, but not be limited
to, the following:
(A) The number of high technology crime cases filed in the prior
year.
(B) The number of high technology crime cases investigated in the
prior year.
(C) The number of victims involved in the cases filed.
(D) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, or corporations,
as a result of the high technology crime cases filed, and those under
active investigation by that task force.
(6) Each regional task force that has been awarded funds
authorized under the High Technology Theft Apprehension and
Prosecution Program during the previous grant-funding cycle, upon
reapplication for funds to the committee in each successive year,
shall be required to submit a detailed accounting of funds received
and expended in the prior year in addition to any information
required by this section. The accounting shall include all of the
following information:
(A) The amount of funds received and expended.
(B) The use to which those funds were put, including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures by type.
(C) The number of filed complaints, investigations, arrests, and
convictions that resulted from the expenditure of the funds.
(g) The committee shall annually review the effectiveness of the
California High Technology Crimes Task Force in deterring,
investigating, and prosecuting high technology crimes and provide its
findings in a report to the Legislature and the Governor. This
report shall be based on information provided by the regional task
forces in an annual report to the committee which shall detail the
following:
(1) Facts based upon, but not limited to, the following:
(A) The number of high technology crime cases filed in the prior
year.
(B) The number of high technology crime cases investigated in the
prior year.
(C) The number of victims involved in the cases filed.
(D) The number of convictions obtained in the prior year.
(E) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, corporations, and
other relevant public entities, according to the number of cases
filed, investigations, prosecutions, and convictions obtained.
(2) An accounting of funds received and expended in the prior
year, which shall include all of the following:
(A) The amount of funds received and expended.
(B) The uses to which those funds were put, including payment of
salaries and expenses, purchase of supplies, and other expenditures
of funds.
(C) Any other relevant information requested.
SEC. 78. Section 13887.5 of the Penal
Code is repealed.
13887.5. The agency shall establish standards by which grants are
awarded on a competitive basis to counties for SAFE teams. The
grants shall be awarded to innovative teams designed to promote the
purposes of this chapter.
SEC. 79. Section 14171 of the Penal
Code is amended to read:
14171. (a) Each of the Counties of Fresno, Kern, Kings, Madera,
Merced, San Joaquin, Stanislaus, and Tulare may develop within its
respective jurisdiction a Central Valley Rural Crime Prevention
Program, which shall be administered by the county district attorney'
s office or the county sheriff's department of each
respective county under a joint powers agreement with the
corresponding county sheriff's office entered into pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1
of the Government Code.
(b) The parties to each agreement shall form a regional task force
that shall be known as the Central Valley Rural Crime Task Force,
that includes may include the
respective county office of the county agricultural commissioner, the
county district attorney, the county sheriff, and interested
property owner groups or associations. The task force shall be an
interactive team working together to develop crime prevention,
problem solving, and crime control techniques, to encourage timely
reporting of crimes, and to evaluate the results of these activities.
The task force shall may operate from
a joint facility in order to facilitate investigative coordination.
The task force shall may also consult
with experts from the United States military, the California Military
Department, the Department of Justice, other law enforcement
entities, and various other state and private organizations as deemed
necessary to maximize the effectiveness of this program. Media and
community support shall may be
solicited to promote this program. Each of the participating
designated counties shall adopt rules and regulations for the
implementation and administration of this program.
(1) In order to receive funds for this program, each designated
county shall agree to participate in a regional task force, to be
known as the Central Valley Rural Crime Task Force, and shall appoint
a representative to that task force.
(2) The Central Valley Rural Crime Task Force shall
may develop rural crime prevention programs
containing a system for reporting rural crimes that enables the swift
recovery of stolen goods and the apprehension of criminal suspects
for prosecution. The task force shall may
develop computer software and use communication technology to
implement the reporting system, although the task force is not
limited to the use of these means to achieve the stated goals.
(3) The Central Valley Rural Crime Task Force shall
may develop a uniform procedure for all
participating counties to collect, and each participating county
shall may collect, data on agricultural
crimes. The task force shall may also
establish a central database for the collection and maintenance of
data on agricultural crimes and designate one participating county to
maintain the database. State funds the counties receive to operate
their rural crime prevention programs may be used to implement the
requirements of this paragraph. This paragraph does not prohibit
counties from using their own funds to implement the paragraph's
provisions, however, it is the Legislature's intent that this
paragraph shall not be construed as creating a state-mandated local
program.
(c) The staff for each program shall may
consist of the personnel designated by the district attorney
and sheriff for each county in accordance with the joint powers
agreement.
SEC. 80. Section 14173 of the Penal Code
is amended to read:
14173. It is the intent of the Legislature that any
funds Funds appropriated to the Central Valley
Rural Crime Prevention Program shall be allocated by
the Controller and distributed according to the following
schedule:
Fresno ....... County
................. 23%
Kern ....... County
................... 17%
Kings ....... County
.................. 8.5%
Madera ....... County
................. 5.5%
Merced ....... County .................
8.5%
San Joaquin ....... County
............ 8.5%
Stanislaus ....... County
............. 8.5%
Tulare ....... County
................. 20.5%
SEC. 81. Section 14175 of the Penal
Code is repealed.
14175. This title shall become inoperative on July 1, 2012, and
is repealed as of January 1, 2013, unless a later enacted statute,
which is enacted before January 1, 2013, deletes or extends that
date.
SEC. 82. Section 14181 of the Penal
Code is amended to read:
14181. (a) The Counties of Monterey, San Luis Obispo, Santa
Barbara, Santa Cruz, and San Benito may each develop within its
respective jurisdiction a Central Coast Rural Crime Prevention
Program, which shall be administered in San Benito County, Santa
Barbara County, Santa Cruz County, and San Luis Obispo County by the
county district attorney's office under a joint powers
agreement with or the county sheriff's
office, and in Monterey County by the county sheriff's
office under a joint powers agreement with the county
district attorney's office. Each joint powers agreement shall be
entered into pursuant to Chapter 5 (commencing with Section
6500) of Division 7 of Title 1 of the Government Code.
(b) The parties to each agreement shall form a regional task force
that shall be known as the Central Coast Rural Crime Task Force,
that includes the respective county office of the county agricultural
commissioner, the county district attorney, the county sheriff, and
interested property owner groups or associations. The task force
shall be an interactive team working together to develop crime
prevention, problem solving, and crime control techniques, to
encourage timely reporting of crimes, and to evaluate the results of
these activities. The task force shall may
operate from a joint facility in order to facilitate
investigative coordination. The task force shall
may also consult with experts from the United States
military, other law enforcement entities, and various private
organizations as deemed necessary to maximize the effectiveness of
this program. Media and community support shall
may be solicited to promote this program. Each of the
participating designated counties shall adopt rules and
regulations for the implementation and administration of this
program.
(1) The Central Coast Rural Crime Task Force shall
may develop rural crime prevention programs
containing a system for reporting rural crimes that enables the swift
recovery of stolen goods and the apprehension of criminal suspects
for prosecution. The task force shall may
develop computer software and use communication technology to
implement the reporting system, although the task force is not
limited to the use of these means to achieve the stated goals.
(2) The Central Coast Rural Crime Task Force shall
may develop a uniform procedure for all
participating counties to collect, and each participating county
shall may collect, data on agricultural
crimes. The task force shall may also
establish a central database for the collection and maintenance of
data on agricultural crimes and designate one participating county to
maintain the database.
(c) The staff for each program shall consist of the personnel
designated by the district attorney and sheriff for each county in
accordance with the joint powers agreement.
SEC. 83. Section 14183 of the Penal
Code is repealed.
14183. This title shall become inoperative on July 1, 2013, and
is repealed as of January 1, 2014, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends those
dates.
SEC. 84. Section 19100 of the Penal
Code is amended to read:
19100. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2, any person in this state who carries concealed
upon the person any explosive substance, other than fixed ammunition,
is punishable by imprisonment in a county jail not exceeding one
year or in the state prison. imprisonment
pursuant to subdivision (h) of Section 1170.
SEC. 85. Section 19200 of the Penal
Code is amended to read:
19200. (a) Except as provided in Section 19205 and Chapter 1
(commencing with Section 17700) of Division 2, any person in this
state who manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any metal military practice handgrenade or metal
replica handgrenade is punishable by imprisonment in a county jail
not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding subdivision (a), a first offense involving any
metal military practice handgrenade or metal replica handgrenade
shall be punishable only as an infraction unless the offender is an
active participant in a criminal street gang as defined in the Street
Terrorism and Enforcement and Prevention Act (Chapter 11 (commencing
with Section 186.20) of Title 7 of Part 1).
SEC. 86. Section 20110 of the Penal
Code is amended to read:
20110. (a) Except as provided in Chapter 1 (commencing with
Section 18710) of Division 5 of Title 2, any person who assembles,
maintains, places, or causes to be placed a boobytrap device is
guilty of a felony punishable by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170
for two, three, or five years.
(b) Possession of any device with the intent to use the device as
a boobytrap is punishable by imprisonment pursuant to subdivision (h)
of Section 1170, or in a county jail not exceeding one year, or by a
fine not exceeding five thousand dollars ($5,000), or by both that
fine and imprisonment.
SEC. 87. Section 20310 of the
Penal Code is amended to read:
20310. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any air gauge knife is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 88. Section 20410 of the
Penal Code is amended to read:
20410. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any belt buckle knife is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 89. Section 20510 of
the Penal Code is amended to read:
20510. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any cane sword is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 90. Section 20610 of the
Penal Code is amended to read:
20610. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any lipstick case knife is punishable by imprisonment in
a county jail not exceeding one year or in the state
prison. imprisonment pursuant to subdivision (h) of
Section 1170.
SEC. 91. Section 20710 of the
Penal Code is amended to read:
20710. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any shobi-zue is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 92. Section 20910 of the
Penal Code is amended to read:
20910. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any writing pen knife is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 93. Section 21110 of the Penal
Code is amended to read:
21110. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any ballistic knife is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 94. Section 21310 of the Penal
Code is amended to read:
21310. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who carries
concealed upon the person any dirk or dagger is punishable by
imprisonment in a county jail not exceeding one year or in
the state prison. imprisonment pursuant to subdivision
(h) of Section 1170.
SEC. 95. Section 21810 of the Penal
Code is amended to read:
21810. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any metal knuckles is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 96. Section 22010 of the Penal
Code is amended to read:
22010. Except as provided in Section 22015 and Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any person
in this state who manufactures or causes to be manufactured, imports
into the state, keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses any nunchaku is punishable by
imprisonment in a county jail not exceeding one year or in
the state prison. imprisonment pursuant to subdivision
(h) of Section 1170.
SEC. 97. Section 22210 of the Penal
Code is amended to read:
22210. Except as provided in Section 22215 and Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any person
in this state who manufactures or causes to be manufactured, imports
into the state, keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses any leaded cane, or any instrument or
weapon of the kind commonly known as a billy, blackjack, sandbag,
sandclub, sap, or slungshot, is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 98. Section 22410 of the Penal
Code is amended to read:
22410. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any shuriken is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 99. Section 24310 of the Penal
Code is amended to read:
24310. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any camouflaging firearm container is punishable by
imprisonment in a county jail not exceeding one year or in
the state prison. imprisonment pursuant to subdivision
(h) of Section 1170.
SEC. 100. Section 24410 of the Penal
Code is amended to read:
24410. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any cane gun is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
imprisonment pursuant t o subdivision (h)
of Section 1170.
SEC. 101. Section 24510 of the Penal
Code is amended to read:
24510. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any firearm not immediately recognizable as a firearm is
punishable by imprisonment in a county jail not exceeding one year
or in the state prison. imprisonment pursuant
to subdivision (h) of Section 1170.
SEC. 102. Section 24610 of the Penal
Code is amended to read:
24610. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any undetectable firearm is punishable by imprisonment
in a county jail not exceeding one year or in the state
prison. imprisonment pursuant to subdivision (h) of
Section 1170.
SEC. 103. Section 24710 of the Penal
Code is amended to read:
24710. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any wallet gun is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 104. Section 30210 of the
Penal Code is amended to read:
30210. Except as provided in Section 30215 and Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any person
in this state who manufactures or causes to be manufactured, imports
into the state, keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses either of the following is punishable by
imprisonment in a county jail not exceeding one year or in
the state prison: imprisonment pursuant to subdivision
(h) of Section 11 70:
(a) Any ammunition that contains or consists of any flechette
dart.
(b) Any bullet containing or carrying an explosive agent.
SEC. 105. Section 31360 of the Penal
Code is amended to read:
31360. (a) A person who has been convicted of a violent felony
under the laws of the United States, the State of California, or any
other state, government, or country, who purchases, owns, or
possesses body armor, as defined in Section 16288, except as
authorized under subdivision (b), is guilty of a felony, punishable
by imprisonment pursuant to subdivision (h) of Section 1170
in state prison for 16 months, or two or three
years.
(b) A person whose employment, livelihood, or safety is dependent
on the ability to legally possess and use body armor, who is subject
to the prohibition imposed by subdivision (a) due to a prior violent
felony conviction, may file a petition for an exception to this
prohibition with the chief of police or county sheriff of the
jurisdiction in which that person seeks to possess and use the body
armor. The chief of police or sheriff may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
chief of police or sheriff deems appropriate, based on the following:
(1) A finding that the petitioner is likely to use body armor in a
safe and lawful manner.
(2) A finding that the petitioner has a reasonable need for this
type of protection under the circumstances.
In making its decision, the chief of police or sheriff shall
consider the petitioner's continued employment, the interests of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that law
enforcement officials exercise broad discretion in fashioning
appropriate relief under this paragraph in cases in which relief is
warranted. However, this paragraph may not be construed to require
law enforcement officials to grant relief to any particular
petitioner. Relief from this prohibition does not relieve any other
person or entity from any liability that might otherwise be imposed.
(c) The chief of police or sheriff shall require, as a
condition of granting an exception under subdivision (b), that the
petitioner agree to maintain on the petitioner's person a certified
copy of the law enforcement official's permission to possess and use
body armor, including any conditions or limitations.
(d) Law enforcement officials who enforce the prohibition
specified in subdivision (a) against a person who has been granted
relief pursuant to subdivision (b), shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in possession a certified copy of
the permission granting the person relief from the prohibition, as
required by subdivision (c). This immunity from liability does not
relieve any person or entity from any other liability that might
otherwise be imposed.
SEC. 106. Section 31500 of the
Penal Code is amended to read:
31500. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any unconventional pistol is punishable by imprisonment
in a county jail not exceeding one year or in the state
prison. im prisonment pursuant to
subdivision (h) of Section 1170.
SEC. 107. Section 32310 of the
Penal Code is amended to read:
32310. Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, commencing January 1, 2000, any
person in this state who manufactures or causes to be manufactured,
imports into the state, keeps for sale, or offers or exposes for
sale, or who gives, or lends, any large-capacity magazine is
punishable by imprisonment in a county jail not exceeding one year or
in the state prison. imprisonment pursuant
to subdivision (h) of Section 1170.
SEC. 108. Section 32900 of the Penal
Code is amended to read:
32900. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any multiburst trigger activator is punishable by
imprisonment in a county jail not exceeding one year or in
the state prison. imprisonment pursuant to subdivision
(h) of Section 1170.
SEC. 109. Section 33215 of the
Penal Code is amended to read:
33215. Except as provided in Sections 33220 and 33225 and in
Chapter 1 (commencing with Section 17700) of Division 2 of Title 2,
any person in this state who manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, lends, or possesses any
short-barreled rifle or short-barreled shotgun is punishable by
imprisonment in a county jail not exceeding one year or in
the state prison. imprisonment pursuant to subdivision
(h) of Section 1170.
SEC. 110. Section 33600 of the Penal
Code is amended to read:
33600. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any zip gun is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
imprisonment pursuant to subdivision (h) of Section
1170.
SEC. 111. Section 2800.4 of the Vehicle
Code is amended to read:
2800.4. Whenever a person willfully flees or attempts to elude a
pursuing peace officer in violation of Section 2800.1, and the person
operating the pursued vehicle willfully drives that vehicle on a
highway in a direction opposite to that in which the traffic lawfully
moves upon that highway, the person upon conviction is punishable by
imprisonment for not less than six months nor more than one year in
a county jail or by imprisonment pursuant to subdivision (h)
of Section 1170 of in the Penal Code,
state prison, or by a fine of not less than one
thousand dollars ($1,000) nor more than ten thousand dollars
($10,000), or by both that fine and imprisonment.
SEC. 112. Section 10980 of the Welfare
and Institutions Code is amended to read:
10980. (a) Any person who, willfully and knowingly, with the
intent to deceive, makes a false statement or representation or
knowingly fails to disclose a material fact in order to obtain aid
under the provisions of this division or who, knowing he or she is
not entitled thereto, attempts to obtain aid or to continue to
receive aid to which he or she is not entitled, or to receive a
larger amount than that to which he or she is legally entitled, is
guilty of a misdemeanor, punishable by imprisonment in the county
jail for a period of not more than six months, by a fine of not more
than five hundred dollars ($500), or by both imprisonment and fine.
(b) Any person who knowingly makes more than one application for
aid under the provisions of this division with the intent of
establishing multiple entitlements for any person for the same period
or who makes an application for that aid for a fictitious or
nonexistent person or by claiming a false identity for any person is
guilty of a felony, punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, by a fine of not more than five
thousand dollars ($5,000), or by both that imprisonment and fine; or
by imprisonment in the county jail for a period of not more than one
year, or by a fine of not more than one thousand dollars ($1,000), or
by both imprisonment and fine.
(c) Whenever any person has, willfully and knowingly, with the
intent to deceive, by means of false statement or representation, or
by failing to disclose a material fact, or by impersonation or other
fraudulent device, obtained or retained aid under the provisions of
this division for himself or herself or for a child not in fact
entitled thereto, the person obtaining this aid shall be punished as
follows:
(1) If the total amount of the aid obtained or retained is nine
hundred fifty dollars ($950) or less, by imprisonment in the county
jail for a period of not more than six months, by a fine of not more
than five hundred dollars ($500), or by both imprisonment and fine.
(2) If the total amount of the aid obtained or retained is more
than nine hundred fifty dollars ($950), by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, by a fine of not more than five
thousand dollars ($5,000), or by both that imprisonment and fine; or
by imprisonment in the county jail for a period of not more than one
year, by a fine of not more than one thousand dollars ($1,000), or by
both imprisonment and fine.
(d) Any person who knowingly uses, transfers, acquires, or
possesses blank authorizations to participate in the federal
Supplemental Nutrition Assistance Program in any manner not
authorized by Chapter 10 (commencing with Section 18900) of Part 6
with the intent to defraud is guilty of a felony, punishable by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for a period of 16 months, two years, or three years, by a fine
of not more than five thousand dollars ($5,000), or by both that
imprisonment and fine.
(e) Any person who counterfeits or alters or knowingly uses,
transfers, acquires, or possesses counterfeited or altered
authorizations to participate in the federal Supplemental Nutrition
Assistance Program or to receive CalFresh benefits or electronically
transferred benefits in any manner not authorized by the federal Food
Stamp Act of 1964 (Public Law 88-525 and all amendments thereto) or
the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et
seq.) or the federal regulations pursuant to the act is guilty of
forgery.
(f) Any person who fraudulently appropriates CalFresh benefits,
electronically transferred benefits, or authorizations to participate
in the federal Supplemental Nutrition Assistance Program with which
he or she has been entrusted pursuant to his or her duties as a
public employee is guilty of embezzlement of public funds.
(g) Any person who knowingly uses, transfers, sells, purchases, or
possesses CalFresh benefits, electronically transferred benefits, or
authorizations to participate in the federal Supplemental Nutrition
Assistance Program in any manner not authorized by Chapter 10
(commencing with Section 18900), of Part 6, or by the federal Food
Stamp Act of 1977 (Public Law 95-113 and all amendments thereto) or
the Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.) (1)
is guilty of a misdemeanor if the face value of the food stamp
benefits or the authorizations to participate is nine hundred fifty
dollars ($950) or less, and shall be punished by imprisonment in the
county jail for a period of not more than six months, by a fine of
not more than five hundred dollars ($500), or by both imprisonment
and fine, or (2) is guilty of a felony if the face value of the
CalFresh benefits or the authorizations to participate exceeds nine
hundred fifty dollars ($950), and shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for a
period of 16 months, two years, or three years, by a fine of not more
than five thousand dollars ($5,000), or by both that imprisonment
and fine, or by imprisonment in the county jail for a period of not
more than one year, or by a fine of not more than one thousand
dollars ($1,000), or by both imprisonment and fine.
(h) (1) If the violation of subdivision (f) or (g) is committed by
means of an electronic transfer of benefits, in addition and
consecutive to the penalties for the violation, or attempted
violation, of those subdivisions, the court shall impose the
following punishment:
(A) If the electronic transfer of benefits exceeds fifty thousand
dollars ($50,000), an additional term pursuant to subdivision (h) of
Section 1170 of the Penal Code of one year.
(B) If the electronic transfer of benefits exceeds one hundred
fifty thousand dollars ($150,000), an additional term pursuant to
subdivision (h) of Section 1170 of the Penal Code of two years.
(C) If the electronic transfer of benefits exceeds one million
dollars ($1,000,000), an additional term pursuant to subdivision (h)
of Section 1170 of the Penal Code of three years.
(D) If the electronic transfer of benefits exceeds two million
five hundred thousand dollars ($2,500,000), an additional term
pursuant to subdivision (h) of Section 1170 of the Penal
Code of four years.
(2) In any accusatory pleading involving multiple charges of
violations of subdivision (f) or (g), or both, committed by means of
an electronic transfer of benefits, the additional terms provided in
paragraph (1) may be imposed if the aggregate losses to the victims
from all violations exceed the amounts specified in this paragraph
and arise from a common scheme or plan.
(i) A person who is punished by an additional term of imprisonment
under another provision of law for a violation of subdivision (f) or
(g) shall not receive an additional term of imprisonment under
subdivision (h).
SEC. 113. Section 18220 of the Welfare
and Institutions Code is amended to read:
18220. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund, authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 33.52 percent in the 2008-09 fiscal year and 30.19 percent
in the 2009-10 fiscal year, and each fiscal year thereafter, for
purposes of Section 18221.
(b) Commencing with
18220. (a) For the
2011-12 fiscal year, the Controller shall allocate 33.38 percent of
the funds deposited in the Local Law Enforcement Services Account in
the Local Revenue Fund 2011 for purposes of Section 18221.
(b) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 30.99 percent of the funds deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 for
purposes of Section 18221.
(c) The Controller shall allocate funds in equal
quarterly installments, commencing April 1, 2009, for those amounts
described in subdivision (a) and commencing October 1, 2011, for
those amounts described in subdivision (b), to local
jurisdictions to support juvenile probation activities based
on according to the percentages as
follows: following schedule:
Alameda ....... County ....... 3.9522%
Alpine ....... County ........ 0.0004%
Amador ....... County ........ 0.0597%
Butte ....... County ......... 0.3193%
Calaveras ....... County ..... 0.0611%
Colusa ....... County ........ 0.0341%
Contra Costa ....... County .. 2.6634%
Del Norte ....... County ..... 0.1170%
El Dorado ....... County ..... 0.3016%
Fresno ....... County ........ 2.1547%
Glenn ....... County ......... 0.0536%
Humboldt ....... County ...... 0.1696%
Imperial ....... County ...... 0.3393%
Inyo ....... County .......... 0.1432%
Kern ....... County .......... 2.5687%
Kings ....... County ......... 0.3839%
Lake ....... County .......... 0.1866%
Lassen ....... County ........ 0.0543%
Los Angeles ....... County ...
40.1353%
Madera ....... County ........ 0.2399%
Marin ....... County ......... 0.3742%
Mariposa ....... County ...... 0.0133%
Mendocino ....... County ..... 0.1975%
Merced ....... County ........ 0.3464%
Modoc ....... County ......... 0.0213%
Mono ....... County .......... 0.0071%
Monterey ....... County ...... 0.6039%
Napa ....... County .......... 0.3520%
Nevada ....... County ........ 0.1244%
Orange ....... County ........ 8.4582%
Placer ....... County ........ 0.2667%
Plumas ....... County ........ 0.0273%
Riverside ....... County ..... 3.2234%
Sacramento ....... County .... 2.1350%
San Benito ....... County .... 0.2136%
San Bernardino ....... 3.4715%
County...............
San Diego ....... County ..... 5.6095%
San Francisco ....... County . 1.9161%
San Joaquin ....... County ... 0.8854%
San Luis Obispo ...... 0.6007%
County...............
San Mateo ....... County ..... 1.8974%
Santa Barbara ....... County . 1.6561%
Santa Clara ....... County ... 5.8082%
Santa Cruz ....... County .... 0.6128%
Shasta ....... County ........ 0.4116%
Sierra ....... County ........ 0.0037%
Siskiyou ....... County ...... 0.0750%
Solano ....... County ........ 1.0363%
Sonoma ....... County ........ 1.3043%
Stanislaus ....... County .... 0.5275%
Sutter ....... County ........ 0.1344%
Tehama ....... County ........ 0.1444%
Trinity ....... County ....... 0.0346%
Tulare ....... County ........ 1.4116%
Tuolumne ....... County ...... 0.0706%
Ventura ....... County ....... 1.7193%
Yolo ....... County .......... 0.2543%
Yuba ....... County .......... 0.1125%
Total................ 100%
SEC. 114. Section 18220.1 of the
Welfare and Institutions Code is amended to read:
18220.1. (a) Of For the
amount deposited in the Local Safety and Protection Account in the
Transportation Fund authorized by Section 10752.2 of the Revenue and
Taxation Code, the Controller shall allocate 5.85 percent in the
2009-10 2011-12 fiscal year and each
year thereafter. The year, the Controller
shall allocate these funds shall, on a
quarterly basis beginning April October
1, 2009, allocate 6.47 percent of the funds
deposited in the Local Law Enforcement Services Account in the Local
Revenue Fund 2011 pursuant to a schedule provided by
the Department of Corrections and Rehabilitation. The
department department's schedule shall
allocate provide for the allocation of
funds appropriated in the annual Budget Act
Act, and included in the Local Safety and
Protection Account Law Enforcement Services Account,
among counties that operate juvenile camps and ranches based on
the number of occupied beds in each camp as of 12:01 a.m. each day,
up to the Corrections Standards Authority rated maximum capacity, as
determined by the Corrections Standards Authority.
(b) Commencing with the 2011-12 2012-13
fiscal year, the Controller shall, on a quarterly
basis beginning October 1, shall allocate
6.47 6.01 percent of the funds
deposited in the Local Enhancing Law
Enforcement Services Account Activities
Subaccount in the Local Revenue Fund 2011 pursuant to
a the schedule provided by the Department of
Corrections Finance based on data reported to
the Board of State and Rehabilitation.
Community Corrections. The department's
schedule shall provide for the allocation of funds appropriated in
the annual Budget Act, and included in the Local
Enhancing Law Enforcement Services Account,
Activities Subaccount, among counties that
operate juvenile camps and ranches based on the number of occupied
beds in each camp as of 12:01 a.m. each day, up to the
Corrections Standards Authority rated maximum capacity, as
determined by the Corrections Standards Authority.
board. Allocations shall be made following the end of each
fiscal quarter, beginning July 1, 2012, to account for beds occupied
in that quarter.
SEC. 115. 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. 116. The sum of $1,000 is hereby appropriated
from the General Fund to the Department of Corrections and
Rehabilitation for the purpose of administration.
SEC. 117. 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 2012.
