Bill Text: CA AB2418 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Crimes: Justice Data Accountability and Transparency Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 787, Statutes of 2022. [AB2418 Detail]

Download: California-2021-AB2418-Amended.html

---

Amended  IN  Assembly  April 21, 2022

Amended  IN  Assembly  March 31, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2418

---

Introduced by Assembly Member Kalra

February 17, 2022

---

An act to add Article 9 (commencing with Section 13370) to Chapter 2 of Title 3 of Part 4 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2418, as amended, Kalra. Crimes: Justice Data Accountability and Transparency Act.

Existing law requires the Department of Justice to compile criminal offender record information, defined as the records and data compiled by criminal justice agencies, for purposes of identifying criminal offenders and of maintaining as to each offender a summary of certain information, including arrests, pretrial proceedings, sentencing, and release. Existing law requires a reporting agency to report specified information to the department concerning each arrest, including applicable identification and arrest data, as specified. Existing law requires the superior court that disposes of a case for which an arrest was made to report specified data to the department, including the disposition of the case and specified data elements.

This bill would establish the Data Aggregator and Repository Agency (DARA) in the Department of Justice, and would require state and local prosecution offices to collect and transmit data elements, as defined, for each criminal case to DARA, the Criminal Justice Statistics Center (CJSC), including, but not limited to, data about basic case information of each case, including the case number and the date of the crime and arrest, data about the charges, including each charge, enhancement, and special circumstance filed, data about the initial appearance, custody, and bail, including the date of the initial appearance and bail set, whether defendant paid bail and what portion was paid, and the date of release from custody, data about plea bargains, including the date and the terms, data about diversion and collaborative court programs, including whether the defendant was offered a diversion program, whether the defendant was eligible for a collaborative court program, and whether there was opposition by the prosecuting agency for either program, data about the case disposition and postconviction proceedings, and data about the victim and the defendant charged. The bill would also require the department to report specified data to DARA, CJSC, including the number of prior felony arrests and convictions of a defendant.

The bill would require DARA CJSC to be responsible for collecting data elements from agencies, as specified, and aggregating and verifying, as specified, these data elements by, including, but not limited to, developing consistent definitions and formats for data elements, providing consistent and clear guidelines to agencies transmitting data elements to DARA, CJSC, and using industry-appropriate methods, technology, and cooperation with the participating agencies to ensure data elements are accurate and capable of being used to develop metrics, as defined, and allow for comparisons between jurisdictions.

The bill would require DARA CJSC to assess and evaluate the technological readiness of each agency for compliance with these provisions and place each agency into One of 3 “Tiers,” with Tier one having the greatest technological readiness, Tier 3 with the least, and Tier 2 with the middle readiness of the 3. The bill would authorize DARA CJSC and Tier One agencies to comply fully with these provisions by ____, with Tier 2 agencies one year thereafter, and Tier 3 agencies one year after Tier 2. The bill would, beginning ____, require every Tier One agency to begin transmitting data elements to DARA CJSC with this transmission occurring on a quarterly basis until ____, after which data elements are transmitted monthly. The bill would, beginning ____, require Tier 2 agencies to begin transmitting data elements, with Tier 3 agencies transmitting beginning ____. The bill would require Tier 2 and 3 agencies to transmit on a quarterly basis for 6 months and then monthly thereafter. The bill would authorize DARA CJSC to require any agency to transmit data before any deadline for specified reasons, including quality control purposes and compliance with standardized formats.

The bill would require DARA, CJSC, by March 1, 2023, to establish the Prosecutorial Transparency Advisory Board for the purpose of ensuring transparency, accountability, and equitable access to prosecutorial data. The bill would require specified individuals and representatives of specified organizations, or their designees, including the Attorney General, the president of the California Public Defenders Association, a university professor who specializes in criminal justice data, and 2 individuals who have direct experience being prosecuted in the criminal legal system, to serve on the board. The bill would require the board to provide guidance to DARA CJSC on draft rules, regulations, policies, plans, reports, and other decisions made by DARA. CJSC.

The bill would require DARA, CJSC, beginning ____, to begin collecting data elements from all agencies statewide and to aggregate and verify data from Tier One agencies and publish this data by ____, with this publication continuing on a quarterly basis for one year and then on a monthly basis thereafter. The bill would require DARA CJSC to publish all data from Tier 2 and 3 agencies beginning ____, with publication continuing on a quarterly basis for one year and then on a monthly basis thereafter.

The bill would create an exception for the data provided by the agencies to DARA CJSC to any sealing or expungement of a case, as specified, or any rule of confidentiality or otherwise prohibiting disclosure provided by law.

The bill would make the operation of its provisions contingent upon appropriation by the Legislature, as specified.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

By imposing additional duties on local agencies, this bill would impose a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

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

---

Bill Text

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

SECTION 1.

 Article 9 (commencing with Section 13370) is added to Chapter 2 of Title 3 of Part 4 of the Penal Code, to read:

Article  9. Justice Data Accountability and Transparency Act

13370.

 (a) (1) It is the intent of the Legislature to create a workable system of criminal justice data transparency whereby law enforcement prosecution agencies will gather complete, accurate, and timely data in a uniform format, and make that data available to the public in a modern, open, electronic format that is machine-readable and readily accessible through an application program interface. In order that meaningful discussions can occur regarding criminal justice and its most challenging issues, including those regarding criminal caseloads, plea bargaining, race, mass incarceration, equity, and homelessness, the Legislature finds that it is an important state interest to implement a data collection, aggregation, and publishing process for criminal prosecutions to promote criminal justice data transparency. This data would be comprised of publishable statistics and other data from statewide prosecution offices. This section shall be referred to as the Justice Data Accountability and Transparency Act, “the Act,” or “JDATA.”

(2) It is the intent of the Legislature to create a reliable and robust methodology that is consistent county-to-county so that statewide data and trends may be accurately tracked. Further, the legislation shall set low technological and resource barriers so that every affected office may meaningfully participate to the fullest intent of this article.

(3) The expediency and accuracy of the data is best served by the Criminal Justice Statistics Center, hereinafter CJSC, as a single Data Aggregator and Repository Agency, hereinafter DARA. data aggregator and repository unit. The participation of DARA CJSC as the final point of collection, aggregation, verification, and publishing of this data is more efficient, will ensure the uniformity and accuracy of the data, and, by providing the technological resources and aggregation, verification, and publication of all data, will allow offices that lack adequate technology or resources to comply with the mandate. As used in this paragraph, technological resources means providing the basic systems and support necessary to receive the case data described in this article in standard formats from prosecution agencies statewide, aggregate that data, verify that data using appropriate means developed by DARA, CJSC, and then publish the data in a searchable format as described in this article, for example, on an internet website.

(4) Due to the large scope of this effort, the resources required of both DARA CJSC and participating offices, and the potential for errors to be identified in the processes and improved upon as the process proceeds, the collection, aggregation, and publication of the data by DARA CJSC will apply on a staggered timeline for tiers of prosecutor offices based on technological readiness. Although tiers with less readiness will not be transmitting data to DARA CJSC for publication as soon as other tiers with greater readiness, all agencies at the outset will be required to take steps to collect data listed in this section under the guidance of DARA CJSC so as to not delay the ultimate publication of all data. DARA CJSC may also require transmission of data relevant to this section from Tier 2 and Tier 3 as necessary to ready Tier 2 and Tier 3 agencies for the ultimate publication of that data on the Tier 2 and Tier 3 timetable as described in this article.

(b) (1) There is hereby created in the Department of Justice the Data Aggregator and Repository Agency. DARA The Criminal Justice Statistics Center shall have the following objectives and mandate:

(A) Collection of the data described in subdivision (e), hereinafter referred to as data elements, within the timeframes described in this section from all state and local prosecutor offices that prosecute misdemeanors or felonies or both, including county district attorney offices, city attorney offices, and the Attorney General, hereinafter referred to as agencies. Collection of data elements includes providing cooperation and assistance to participating agencies and developing consistent and clear guidelines for how agencies are to define data elements transmitted to DARA. DARA CJSC. CJSC shall develop consistent definitions and formats for data elements to ensure success of comparing metrics created using said data elements between jurisdictions.

(B) Transmission of data elements, defined as the method designated by DARA CJSC for the participating agency to provide collected data elements to DARA. CJSC.

(C) Aggregation of data elements, defined as collecting data elements gathered from multiple agencies in such a way that they can support metrics, defined as the combination of data elements used to track outcomes on any given process or decision point, developed by DARA, CJSC, that may be compared between jurisdictions.

(D) Verification of data elements, defined as using industry-appropriate methods and technology and cooperation with participating agencies to ensure that data elements transmitted to DARA CJSC are accurate and capable of being used to develop metrics that will allow for comparisons between jurisdictions statewide.

(E) Development of metrics, defined as using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using data elements submitted by the agencies. The methods implemented must ensure that the metrics developed can be compared between jurisdictions.

(F) Publication of metrics, defined as using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors, including other metrics and filters including, but not limited to, defendant, victim, and case characteristics. This publication shall be made using a modern, open, and electronic format that is machine-readable and readily accessible through an application program interface. The public interface for metrics shall also make raw, case-level data available for download so that independent analyses can be conducted using the data. DARA CJSC shall also ensure that personal identifying information is not published except as allowed by law, and the use of anonymized data may be employed for this purpose.

(G) The assessment of the technological readiness as well as agency attitudes or technological culture of each agency for compliance with this section. This evaluation and assessment, to be carried out in a manner determined by DARA, CJSC, shall ultimately designate each agency to be in one of three tiers of sizes to be determined by DARA, CJSC, where Tier One shall have the greatest technological readiness, Tier Three shall have the least readiness, and Tier Two shall have the middle readiness of the three. This assessment and grouping within the tiers shall be carried out so that DARA CJSC and Tier One agencies may fully comply with this section by ____, Tier Two by one year thereafter, and Tier Three one year after Tier Two.

(H) By March 1, 2023, DARA CJSC shall establish the Prosecutorial Transparency Advisory Board for the purpose of ensuring transparency, accountability, and equitable access to prosecutorial data. The primary responsibilities of the board shall be providing guidance to DARA CJSC on any and all draft rules, regulations, policies, plans, reports, or other decisions made by DARA CJSC in regard to this Act. The board shall include the following members:

(i) The Attorney General, or their designee.

(ii) The president of the California Public Defenders Association, or their designee, who shall consult with other members of the California Public Defenders Association to represent the geographic, population, and county size diversity of the state.

(iii) The president of the California District Attorneys Association, or their designee, who shall consult with other members of the California District Attorneys Association to represent the geographic, population, and county size diversity of the state.

(iv) An advisory committee member of the Prosecutors Alliance of California, or their designee, who shall consult with other advisory committee members and members of the Prosecutors Alliance of California to represent the geographic, population, and county size diversity of the state.

(v) The chairperson of the Committee on Revision of the Penal Code, or their designee.

(vi) A university professor who specializes in criminal justice data.

(vii) A data scientist who specializes in criminal justice data.

(viii) Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.

(ix) Two representatives of community organizations who specialize in civil or human rights and criminal justice.

(x) Two representatives of tax-exempt organizations who specialize in criminal justice data.

(xi) Two individuals who have direct experience being prosecuted in the state’s criminal legal system.

(xii) Two individuals who have direct experience being a victim of a crime or the spouse, parents, children, siblings, or guardian of a crime victim, if the victim is deceased, a minor, or physically or psychologically incapacitated.

(xiii) Two representatives of organizations that provide services to crime victims.

(2) DARA CJSC shall assess and develop its capabilities in carrying out its functions using the following guidelines. DARA CJSC shall do all of the following in carrying out its objectives and mandate:

(A) Use standardized practices in developing web pages, using what is commonly referred to as open web standards or standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).

(B) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.

(C) Use technology that is scalable so as to accommodate large increases in volume of data.

(D) Staff personnel familiar with web user-interface coding and web service coding.

(E) Make all data available, including raw data elements and metrics, in a machine readable format with open format, nonproprietary file formats that will allow for download of complete data sets.

(F) Make all data, including data elements and metrics, available in a searchable format using modern web Application Programming Interfaces that allow access to data directly through programs in addition to internet website publishing.

(G) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.

(H) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.

(I) Develop methods for archiving data, retrieving archived data, and data editing and verification.

(J) Develop standardized definitions for data elements in subdivision (e) so that data elements transmitted to DARA CJSC are uniform across all jurisdictions, taking into account any technical and practical limitations on the collection of that data element.

(c) (1) The operation of this article is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for purposes of this article.

(2) Any funds disbursed to effectuate this article shall be used only for the purpose of administering this article.

(3) The recipient of any funds disbursed to effectuate this article shall provide a full public accounting of all of those funds.

(d) (1) Beginning ____, every agency statewide shall begin the collection of data elements in subdivision (e). Each data element shall be collected according to the definitions provided in this section with any ambiguities to be resolved by DARA CJSC in a data dictionary for uniform application statewide. Each data element shall be submitted in a format designated by DARA CJSC to be the most appropriate and cost effective to carry out the objectives of this article.

(2) Beginning ____, every Tier One agency statewide, at the direction of DARA, CJSC, shall begin transmitting its required data elements to DARA. CJSC. The transmission shall occur on a quarterly basis until ____, after which data elements shall be transmitted on a monthly basis. Tier Two agencies shall, beginning ____, transmit data elements to DARA. CJSC. Tier Three agencies, beginning ____, shall transmit to DARA CJSC the same data required of Tiers One and Two. Tier Two and Tier Three agencies shall transmit data on a quarterly basis for six months and then shall transmit monthly thereafter. DARA CJSC may require any agency to transmit data to DARA CJSC before the deadlines stated in this paragraph for quality control purposes, including to ensure data consistency, compliance with standardized formats as determined by DARA, CJSC, and to ensure the agencies are ready to fully comply with this section as required for their respective deadlines.

(3) Beginning ____, DARA CJSC shall begin collecting data elements from all agencies statewide according to the timetable in paragraph (2). DARA CJSC shall aggregate and verify data elements for Tier One agencies in order to publish this data from those agencies by ____. This publication shall continue on a quarterly basis for one year, and then the publication shall occur on a monthly basis thereafter. On ____, DARA CJSC shall begin publication of all data elements from all Tier Two agencies and, on ____, DARA CJSC shall begin publication of all data elements from all Tier Three agencies. Publication of Tier Two and Three agency data shall also occur on a quarterly basis for one year and then shall be on a monthly basis thereafter.

(4) DARA CJSC shall not publish data elements from Tier Two and Tier Three agencies until the date specified in paragraph (3). However, DARA CJSC shall receive transmitted data elements from all agencies beginning on the date specified in paragraph (2) so that DARA CJSC can timely identify data collection errors and develop and implement uniform data collection standards across all agencies statewide.

(5) It shall be an express exception to any sealing of a case or expungement of a case, whether by court order or by operation of law, or any rule of confidentiality or rule otherwise prohibiting disclosure provided by law, including that described in Sections 827, 827.12, and 827.95 of the Welfare and Institutions Code, that all data, pursuant to this section, shall be provided by the agencies to DARA CJSC and published by DARA CJSC as described in this section. DARA CJSC shall not publish the name, birthdate, or the Criminal Identification and Information/State Identification number assigned by the department of any defendant or victim.

(e) Agencies shall collect and transmit to DARA CJSC the following data elements in accordance with this section and under direction from DARA. DARA CJSC. CJSC shall have discretion to resolve ambiguities in this subdivision consistent with the purposes of this section, including the development of uniform definitions for the required data elements. DARA CJSC shall also have discretion to determine the form and format in which data elements shall be captured and transmitted.

For each case, the following data elements shall be gathered and published as described in this section. For purposes of this article, a case is defined as a collection of charges filed by an agency on a particular date to initiate a criminal prosecution for a felony or a misdemeanor. A case dismissed and later refiled shall only be counted as one case. The collection of charges filed by an agency against multiple defendants in a single charging document shall each be an individual case for each such defendant.

(1) The court case number used by the court to identify a case. This unique and public identifier shall be transmitted to DARA CJSC by the agency, but, to protect the privacy of the defendants, this number shall not be included in the published data. The court case number shall be assigned to each case and charge within a case prosecuted by the agency.

(2) The Internal Case Number (ICN) assigned to each case by the Case Management System (CMS). This number shall be assigned to each case and charge within a case prosecuted by the agency. If the agency does not currently use an ICN, the agency shall create and apply an ICN as directed by DARA. CJSC.

(3) Whether the case is pending, has concluded, is on appeal, or is inactive, such as when a defendant is in warrant status.

(4) The ZIP Code where most of the acts comprising the crimes charged occurred.

(5) The date of the crime.

(6) The name and Originating Agency Identifier (ORI), as designated by the National Law Enforcement Telecommunications System, of the law enforcement agency that investigated the case for submission to the prosecutor.

(7) The ZIP Code of the arrest.

(8) The date of the arrest.

(9) Each charge and enhancement, including any special circumstance or special allegation, referred by law enforcement, including a uniform description, statute number, and level, either felony or misdemeanor.

(10) The date on which charges were filed, the case was discharged, or the case was returned for further investigation.

(11) Each charge, enhancement, and special circumstance or special allegation filed by the agency in the initial charging document.

(12) For each case declined to prosecute, all of the following:

(A) Each charge declined to prosecute.

(B) The reason for declination to prosecute according to uniform explanations to be determined by DARA. CJSC.

(13) The county in which the case was filed.

(14) The date on which the defendant initially entered a plea to the charges.

(15) The date on which the defendant first appeared in a case, whether or not an arraignment took place.

(16) The date on which bail or bond was set by the court in open court and the amount of bail set.

(17) The agency pretrial release recommendation for each case and brief rationale as described in standardized terms developed by DARA. CJSC.

(18) The prosecution bail recommendation for each case and brief rationale according to standardized terms developed by DARA. CJSC.

(19) The court pretrial detention determination at arraignment as described in standardized terms developed by DARA. CJSC.

(20) Whether the defendant paid bail and what portion of the bail was paid.

(21) The date of any release from custody, the reason for release, and the terms of that release. DARA CJSC shall develop standardized terms for this data element.

(22) The start and end date for every period of detention, including pretrial detention, for a defendant in a case and the reason for that detention as described in standardized terms provided by DARA. CJSC.

(23) The date of any amendments adding charges or enhancements to a charging document, including a complaint, indictment, or information.

(24) The charges, enhancements, special circumstances, or special allegations added to a charging document by amendment.

(25) The date on which the first plea bargain offer was made by the agency to each defendant. For purposes of this section, plea bargain offer is defined as the terms of resolution of a case made by the agency that are ultimately transmitted to the defendant by their counsel for consideration, which is commonly called a “bona fide offer” or, if the defendant is in propria persona, the first offer to resolve a case transmitted to the defendant on any given date.

(26) DARA CJSC shall develop a standardized method to capture the terms of the initial plea bargain offer according to uniform definitions.

(27) Whether the prosecutor determined that the defendant was eligible for diversion. For purposes of this section, diversion is defined as a program, either as created and defined by state law or an agency, by which charges are reduced or dismissed as part of participation in alternatives to prosecution such as counseling, therapy, restorative justice principles, or periods of noncriminality.

(28) Whether the defendant was offered a diversion program by the agency.

(29) Whether the court granted or denied a motion for diversion as allowed by law, if such a motion was made.

(30) Whether the defendant agreed to participate in a diversion program.

(31) The date on which a diversion program concluded, and whether or not the program was completed successfully.

(32) Whether the agency opposed the defendant’s request for diversion and the reason for the opposition using standardized terms to be developed by DARA, CJSC, including terms to describe all of the following:

(A) Public safety.

(B) Criminal history.

(C) Failure of the defendant to consent.

(D) Failure of the defendant to comply with current or prior diversion program terms.

(E) Statutory ineligibility.

(F) Discretion.

(G) Other.

(33) The type of diversion according to standardized terms to be developed by DARA, CJSC, including terms to describe each of the following:

(A) Mental health diversion pursuant to Section 1001.36.

(B) Veteran diversion pursuant to Section 1001.80.

(C) Misdemeanor diversion pursuant to Section 1001.95.

(D) Drug diversion pursuant to Section 1000.

(E) Other diversion.

(34) Whether the prosecutor determined that the defendant was eligible for collaborative court. For purposes of this section, collaborative court is a program wherein the prosecution of the case is stayed in order to engage in any collaborative process, such as by the agency, the public defender, and the court, to address underlying issues such as chemical dependency or mental health issues.

(35) Whether the court granted or denied a motion for collaborative court, if such a motion was made.

(36) Whether the defendant agreed to participate in a collaborative court program.

(37) The date on which a collaborative court program concluded, and whether or not the program was completed successfully.

(38) Whether the agency opposed the defendant’s request for collaborative court and the reason for the opposition, using standardized terms to be developed by the DARA, CJSC, including terms to describe each of the following:

(A) Public safety.

(B) Criminal history.

(C) Failure of the defendant to consent.

(D) Failure of the defendant to comply with current or prior collaborative court program terms.

(E) Statutory ineligibility.

(F) Discretion.

(G) Other.

(39) The type of collaborative court according to standardized terms to be developed by DARA, CJSC, including terms to describe the each of the following:

(A) Mental health collaborative court.

(B) Veteran collaborative court.

(C) Drug or DUI collaborative court.

(D) Community or homeless collaborative court.

(E) Other collaborative court.

(40) The date on which a charge was resolved, whether by dismissal, acquittal, conviction, or other grounds.

(41) The disposition of each charge and enhancement, including any special circumstance or special allegation. Specifically, whether the charge or enhancement was resolved by dismissal, acquittal or not true finding, or conviction. If conviction, whether the conviction was by plea or by trial.

(42) For any special circumstance alleged in the charging document, whether the defendant was alleged to be the actual killer as defined by paragraph (1) of subdivision (e) of Section 189.

(43) The date a sentence was imposed by the court.

(44) The sentence imposed by the court, including any restitution, fines, and period of incarceration imposed.

(45) Whether or not the agency engaged in any postconviction resentencing, defined for purposes of this section as any resentencing where, after judgment and sentencing on a case, the agency revisited the sentence, including, but not limited to, proceedings under Section 1170.03, and the outcome of that resentencing.

(46) Whether or not the agency engaged in any parole proceedings, the formal recommendation of the agency during that proceeding, the outcome of that proceeding, and the race of the incarcerated person who was the subject of that proceeding.

(47) Whether or not the agency engaged in any commutation or pardon proceedings, the official recommendation of the agency for those proceedings, and the outcome of those proceedings.

(48) Whether a motion was made by a party under Section 231.7 of the Code of Civil Procedure, the party making the motion, and the result of that motion.

(49) Whether a criminal informant was used and whether that informant was used in a custodial or noncustodial setting. This paragraph shall apply only if the existence and nature of the informant was disclosed as part of the public proceedings of the case.

(50) Whether competency proceedings were initiated under Section 1368, 1368.1, or 1369 and the result of those proceedings.

(51) Whether the last attorney of record at the conclusion of the case was private, publicly retained, or whether the defendant was in propria persona.

(52) Whether the defendant pled not guilty by reason of insanity.

(53) Whether conservatorship proceedings were instituted.

(54) (A) For each defendant charged in a case, all of the following:

(i) Their name.

(ii) The Criminal Identification and Information/State Identification number assigned by the department.

(iii) The date of birth.

(iv) The defendant’s anonymized identifier created by CMS within the agency.

(v) The defendant’s age.

(vi) The defendant’s race as determined according to standardized definitions developed by DARA. CJSC.

(vii) The source of defendant’s race. DARA CJSC shall develop standardized points of origin for information regarding a defendant’s race, including, but not limited to, defendant’s advocate or record of arrests and prosecution.

(viii) The defendant’s ethnicity as determined according to standardized definitions developed by DARA. CJSC.

(ix) The source of defendant’s ethnicity. DARA CJSC shall develop standardized points of origin for information regarding a defendant’s ethnicity.

(x) Whether the defendant or their counsel has identified that the defendant has a physical disability or a disability as described in the current edition of the Diagnostic and Statistical Manual of Mental Disorders.

(xi) The type of disability, if any.

(xii) The defendant’s gender.

(xiii) Whether the defendant has disclosed to the arresting agency or the jail administrator that they identify as transgender, nonbinary, or intersex.

(xiv) The defendant’s county of residence, if reflected in the court record, including, if the defendant is unhoused, an approximation of the county of residence as determined from direction by DARA. CJSC.

(xv) Whether the defendant was on probation at the time the acts comprising the crime charged occurred.

(xvi) Whether the defendant was on parole at the time the acts comprising the crime charged occurred.

(xvii) Whether or not the defendant was required to register as a sex offender under Sections 290 to 290.024, inclusive, at the time the acts comprising the crime charged occurred.

(B) Clauses (i) to (iv), inclusive, shall be transmitted from the agency to DARA CJSC but shall not be published by the agency or DARA CJSC except as otherwise allowed by law.

(55) For each victim, all of the following:

(A) Whether there was a victim identified.

(B) The race.

(C) The ethnicity.

(D) The age at the time of the crime.

(E) Gender identification.

(F) Whether the victim made a request to the court to drop the charges or indicated to the court that they would not be willing to testify or that they would be willing to testify.

(56) For each agency or division, if only select divisions perform criminal prosecution within an agency, all of the following data shall be reported by July 1 each year:

(A) The number of full-time or full-time equivalent attorneys who carry nonappellate adult criminal caseloads as of the reporting date.

(B) The number of part-time attorneys who carry nonappellate adult criminal caseloads as of the reporting date.

(C) The number of investigators employed by the office as of the reporting date.

(D) The number of personnel dedicated to providing victim services employed by the office as of the reporting date.

(E) The average annual felony caseload for attorneys who carry nonappellate adult criminal caseloads for the preceding calendar year.

(F) The average annual misdemeanor caseload for attorneys who carry nonappellate adult criminal caseloads for the preceding calendar year.

(G) The office limits regarding the number of felony cases a single attorney can carry over a one-year period.

(H) The office limits regarding the number of misdemeanor cases a single attorney can carry over a one-year period.

(I) The number of victims the prosecutor’s victim’s services unit contacted, and number of victims the prosecutor’s victim’s services unit provided services to. For purposes of this section, services are defined as tangible resources or assistance with recovering tangible resources including, but not limited to, seeking reimbursement from the California Victim Compensation Board, residence relocation, or application for a U visa. Services do not include informing victims of court dates and relaying case information or offers to plea a case.

(57) Any additional data element the participating agency chooses to designate after consultation with community representatives. DARA CJSC may publish metrics based on these data elements in a separate format. Because this data element will likely not be uniform between jurisdictions, DARA CJSC may publish metrics based on these data elements in a separate format.

(f) (1) All of the following data shall be transmitted to DARA CJSC by the department with respect to each defendant in the cases identified and reported by a prosecuting agency pursuant to subdivision (e):

(A) The number of prior felony convictions and statutory charges comprising prior felony convictions.

(B) The number of prior felony arrests.

(C) The number of misdemeanor arrests and convictions and statutory charges comprising prior misdemeanor convictions.

(D) Whether an appeal was filed following the disposition of the case, the basis for the appeal, whether the appeal was contested by the prosecuting agency, and the resolution of the appeal.

(2) The department shall include the Criminal Identification and Information/State Identification number assigned to each defendant with the data provided in paragraph (1).

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 13370 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

The provisions set forth in Section 1 further the need to protect the privacy of individuals arrested for and prosecuted for crimes while balancing the public’s right to access.

SEC. 3.

 If the Commission on State Mandates determines that this act contains 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.