Bill Text: CA SB163 | 2015-2016 | Regular Session | Amended
Bill Title: Bail: pretrial release.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB163 Detail]
Download: California-2015-SB163-Amended.html
BILL NUMBER: SB 163 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 8, 2016
AMENDED IN ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE JUNE 2, 2015
INTRODUCED BY Senator Hertzberg
FEBRUARY 4, 2015
An act to add Section 13557.5 to the Water Code, relating
to water. 1271.5 to the Penal Code, relating to bail.
LEGISLATIVE COUNSEL'S DIGEST
SB 163, as amended, Hertzberg. Wastewater treatment:
recycled water. Bail: pretrial release.
Existing law provides for the procedure of approving and accepting
bail, and issuing an order for the appearance and release of an
arrested person. Existing law requires that bail be set in a fixed
amount, as specified, and requires, in setting, reducing, or denying
bail, a judge or magistrate to take into consideration the protection
of the public, the seriousness of the offense charged, the previous
criminal record of the defendant, and the probability of his or her
appearing at trial or at a hearing of the case. Under existing law,
the magistrate or commissioner to whom the application is made is
authorized to set bail in an amount that he or she deems sufficient
to ensure the defendant's appearance or to ensure the protection of a
victim, or family member of a victim, of domestic violence, and to
set bail on the terms and conditions that he or she, in his or her
discretion, deems appropriate, or he or she may authorize the
defendant's release on his or her own recognizance.
This bill would require, notwithstanding any other law, and upon
the appearance before a competent court or magistrate of a person
charged with a criminal offense, the court or magistrate to hold a
specified hearing and take one of several actions, including, among
others, releasing the person on his or her own recognizance or upon
execution of an unsecured appearance bond, unless the court or
magistrate determines that release pursuant to that provision will
not reasonably assure the appearance of the person as required or
will endanger the safety of any other person or the community. The
bill would also require the court or magistrate, if the court
determines that releasing the person on his or her own recognizance
or upon execution of an unsecured appearance bond will not reasonably
assure his or her appearance as required or will endanger the safety
of any other person or the community, to order the pretrial release
of the person subject to specified conditions. If the court or
magistrate finds that no condition or combination of conditions will
reasonably assure the appearance of the person as required and the
safety of any other person and the community, the court or magistrate
shall order the detention of the person before trial, except as
otherwise specified. The bill would require the court or magistrate
to order the detention of the person for a period of not more than 10
days, and direct the district attorney to notify the appropriate
court, probation or parole officer, or federal, state or local law
enforcement official, if the court or magistrate determines the
person may flee or pose a danger to any other person or the community
and the person is, and was at the time the offense was committed,
released pending trial, released pending imposition or execution of
sentence, appeal of sentence or conviction, or completion of
sentence, or on conditional release, probation, postrelease community
supervision, or parole.
The California Constitution requires that the water resources of
the state be put to beneficial use to the fullest extent of which
they are capable and that the waste or unreasonable use or
unreasonable method of use of water be prevented. Existing law
declares that the use of potable domestic water for certain
nonpotable uses is a waste or an unreasonable use of water if
recycled water is available, as determined by the State Water
Resources Control Board, and other requirements are met.
Under existing law, the state board and the 9 California regional
water quality control boards prescribe waste discharge requirements
in accordance with the federal national pollutant discharge
elimination system (NPDES) permit program established by the federal
Clean Water Act and the Porter-Cologne Water Quality Control Act.
This bill would declare that, except in compliance with the bill's
provisions, it is a waste and unreasonable use of water to discharge
treated wastewater from an ocean or bay outfall, or for a water
supplier or water replenishment district to not take treated
wastewater made available for certain purposes. The bill would
require the state board to promulgate regulations, on or before
January 1, 2020, that would require each NPDES permitholder, on or
before January 1, 2023, to submit to the state board the permitholder'
s plans to achieve beneficial reuse, to the maximum extent possible,
of treated wastewater that would otherwise be discharged through
ocean or bay outfalls. The bill would require these regulations to
require, on or before January 1, 2033, the beneficial reuse of at
least 50% of treated wastewater that the NPDES permitholder would
otherwise discharge though ocean or bay outfalls relative to the
inflow to the treatment plant. The bill would require the regulations
to provide operational and compliance flexibility, as specified. The
bill would authorize the state board to convene an advisory group
and to consider any other recommendations or testimony provided
during the regulation adoption process. The bill would authorize the
state board to adopt reasonable fees payable by a holder of an NPDES
permit to recover costs incurred in administering these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1271.5 is added to the
Penal Code , to read:
1271.5. (a) Notwithstanding any other law, upon the appearance
before a competent court or magistrate of a person charged with a
criminal offense, the court or magistrate shall hold the hearing
described in subdivision (f) and order that, pending trial, the
person be one of the following:
(1) Released on his or her own recognizance or upon execution of
an unsecured appearance bond, pursuant to subdivision (b).
(2) Released on a condition or combination of conditions, pursuant
to subdivision (c).
(3) Temporarily detained to permit revocation of conditional
release, probation, parole, or postrelease community supervision
pursuant to subdivision (d).
(4) Detained pursuant to subdivision (e).
(b) The court or magistrate shall order the pretrial release of
the person on his or her own recognizance, or upon execution of an
unsecured appearance bond in an amount specified by the court,
subject to the condition that the person not commit a federal, state,
or local crime during the period of release unless, after a hearing
held pursuant to subdivision (f), the court or magistrate determines
that release pursuant to this subdivision will not reasonably assure
the appearance of the person as required or will endanger the safety
of any other person or the community.
(c) (1) If, after a hearing held pursuant to subdivision (f), the
court or magistrate determines that the release described in
subdivision (b) will not reasonably assure the appearance of the
person as required or will endanger the safety of any other person or
the community, the court or magistrate shall order the pretrial
release of the person subject to both of the following:
(A) The condition that the person not commit a federal, state, or
local crime during the period of release.
(B) The least restrictive and reasonable additional condition, or
combination of conditions, that the court or magistrate determines
will reasonably assure the appearance of the person as required and
the safety of any other person and the community, which may include
the condition that the person do any of the following:
(i) Remain in the custody of a designated person, who agrees to
assume supervision and to report any violation of a release condition
to the court or magistrate, if the designated person is able
reasonably to assure the court or magistrate that the person charged
with a criminal offense will appear as required and will not pose a
danger to the safety of any other person or the community.
(ii) If the court or magistrate specifically finds on the record
that it is necessary to protect public safety, maintain employment,
or, if unemployed, actively seek employment.
(iii) If the court or magistrate specifically finds on the record
that it is necessary to protect public safety, maintain or commence
an educational program.
(iv) Abide by specified restrictions on personal associations,
place of abode, or travel.
(v) Avoid all contact with an alleged victim of the crime and with
a potential witness who may testify concerning the offense.
(vi) Report on a regular basis to a designated law enforcement
agency, pretrial services agency, or other agency.
(vii) Comply with a specified curfew.
(viii) Refrain from possessing a firearm, destructive device, or
other dangerous weapon.
(ix) Refrain from excessive use of alcohol, or any use of a
narcotic drug or other controlled substance, as defined in Section
11007 of the Health and Safety Code, without a prescription by a
licensed medical practitioner.
(x) If the court or magistrate specifically finds on the record
that it is necessary to protect public safety, undergo available
medical, psychological, or psychiatric treatment, including treatment
for drug or alcohol dependency, and remain in a specified
institution if required for that purpose.
(xi) Execute an agreement to forfeit upon failing to appear as
required, property of a sufficient unencumbered value, including
money, as is reasonably necessary to assure the appearance of the
person as required.
(xii) Execute a bail bond with solvent sureties, who will execute
an agreement to forfeit in an amount reasonably necessary to assure
appearance of the person as required. In determining the amount
required, the court or magistrate shall consider the person's ability
to pay.
(xiii) Return to custody for specified hours following release for
employment, schooling, or other limited purposes.
(xiv) Satisfy any other condition that is reasonably necessary to
assure the appearance of the person as required and to assure the
safety of any other person and the community.
(2) In a case in which the defendant is charged with sexual
assault, as defined in paragraph (3) of subdivision (b) of Section
13750, of a minor or failure to register pursuant to Section 290,
release pursuant to this subdivision shall contain, at a minimum, a
condition of electronic monitoring and the conditions specified in
clauses (iv), (v), (vi), (vii), and (viii) of subparagraph (B) of
paragraph (1), if the imposition of those conditions is reasonable
and necessary to protect public safety in that case.
(3) The court or magistrate shall not impose a financial condition
to secure the pretrial detention of the person unless that condition
is required to assure the appearance of the person pursuant to
clause (xi) or (xii) of subparagraph (B) of paragraph (1).
(4) The court or magistrate may, at any time, amend the order to
release a person pursuant to this subdivision to impose additional or
different conditions.
(d) (1) The court or magistrate shall order the detention of the
person, for a period of not more than 10 days, and direct the
district attorney to notify the appropriate court, probation or
parole officer, or federal, state, or local law enforcement official,
if the court or magistrate determines both of the following:
(A) The person is, and was at the time the offense was committed,
on any of the following:
(i) Release pending trial for a felony under federal, state, or
local law.
(ii) Release pending imposition or execution of sentence, appeal
of sentence or conviction, or completion of sentence, for any offense
under federal, state, or local law.
(iii) Conditional release, probation, postrelease community
supervision, or parole for any offense under federal, state, or local
law.
(B) The person may flee or pose a danger to any other person or
the community.
(2) If the official fails or declines to take the person into
custody during that period, the person shall be treated in accordance
with the other provisions of this section.
(e) If, after a hearing pursuant to subdivision (f), the court or
magistrate finds that no condition or combination of conditions will
reasonably assure the appearance of the person as required and the
safety of any other person and the community, the court or magistrate
shall order the detention of the person before trial, except in
cases in which bail is required pursuant to Section 12 or paragraph
(3) of subdivision (f) of Section 28 of Article I of the California
Constitution, in which case the court or magistrate shall set bail in
accordance with other provisions of this chapter.
(f) (1) The court or magistrate shall hold a hearing to determine
if release on his or her own recognizance, release upon execution of
an unsecured appearance bond, or release with any condition or
combination of conditions described in paragraph (1) of subdivision
(c) will reasonably assure the appearance of such person as required
and the safety of any other person and the community.
(2) (A) The hearing shall be held immediately upon the person's
first appearance before the court or magistrate unless the person, or
the district attorney, seeks a continuance.
(B) A continuance on motion of the district attorney shall not
exceed three court days.
(3) At the hearing, the person has the right to be represented by
counsel, and, if financially unable to obtain adequate
representation, to have counsel appointed.
(4) The facts the court or magistrate uses to support a finding
described in subdivision (e) shall be stated on the record.
(5) The hearing may be reopened, before or after a determination
by the court or magistrate, at any time before trial if the court or
magistrate finds that information exists that was not known to the
movant at the time of the hearing and that information has a material
bearing on the issue whether there is a condition or combination of
conditions that will reasonably assure the appearance of such person
as required and the safety of any other person and the community.
(g) Notwithstanding any other law, the court or magistrate shall,
in determining whether there is a condition or combination of
conditions that will reasonably assure the appearance of the person
as required and the safety of any other person and the community,
take into account the available information concerning all of the
following:
(1) The nature and circumstances of the offense charged,
including, but not limited to, whether the offense is a crime of
violence or involved a minor victim or a controlled substance,
firearm, explosive, or destructive device.
(2) The weight of the evidence against the person.
(3) The history and characteristics of the person, including both
the following:
(A) The person's character, physical and mental condition, family
ties, employment, financial resources, length of residence in the
community, community ties, past conduct, history relating to drug or
alcohol abuse, criminal history, and record concerning appearance at
court proceedings.
(B) Whether, at the time of the current offense or arrest, the
person was on probation, postrelease community supervision, parole,
or other release pending trial, sentencing, appeal, or completion of
sentence for an offense under federal, state, or local law.
(4) The nature and seriousness of the danger to any person or the
community that would be posed by the person's release.
(h) An order issued pursuant to subdivision (b) or (c) shall
include a written statement that sets forth all the conditions to
which the person is subject, in a manner sufficiently clear and
specific to serve as a guide for the person's conduct and all of the
following advisements:
(1) The penalties for violating a condition imposed in the order,
including the penalties for committing an offense while released
prior to trial.
(2) The consequences of violating a condition imposed in the
order, including the immediate issuance of a warrant for the person's
arrest.
(3) Applicable penalties relating to intimidation of witnesses,
jurors, and officers of the court, obstruction of criminal
investigations, tampering with a witness, victim, or an informant,
and retaliating against a witness, victim, or an informant.
(i) A detention order issued pursuant to subdivision (e) shall
include written findings of fact and a written statement of the
reasons for the detention, direct that the person be committed to a
county jail separate, to the extent practicable, from persons
awaiting or serving sentences or being held in custody pending
appeal, and direct that the person be afforded reasonable opportunity
for private consultation with counsel.
(j) For purposes of this section, "unsecured appearance bond"
means an order to release a person upon his or her promise to appear
in court and his or her unsecured promise to pay an amount of money,
specified by the court using its discretion, if he or she fails to
appear as promised.
SECTION 1. Section 13557.5 is added to the
Water Code, to read:
13557.5. (a) The Legislature hereby finds and declares that,
except in compliance with the provisions of this section, it is a
waste and unreasonable use of water within the meaning of Section 2
of Article X of the California Constitution to discharge treated
wastewater from an ocean or bay outfall, or for a water supplier or
water replenishment district to not take treated wastewater made
available to the supplier or district for groundwater recharge,
surface water augmentation, or landscape irrigation.
(b) On or before January 1, 2020, the state board shall promulgate
regulations to require both of the following:
(1) On or before January 1, 2023, each holder of an NPDES permit
to submit to the state board the permitholder's plans to achieve
beneficial reuse, to the maximum extent possible, of treated
wastewater that would otherwise be discharged through ocean or bay
outfalls.
(2) On or before January 1, 2033, the beneficial reuse of at least
50 percent of treated wastewater that the NPDES permitholder would
otherwise discharge through ocean or bay outfalls relative to the
inflow to the treatment plant.
(c) The regulations promulgated pursuant to subdivision (b) shall
provide operational and compliance flexibility in the event of an
emergency, scheduled maintenance or repairs, extreme weather events,
or any other factor that the board determines warrants consideration.
(d) In developing the regulations pursuant to subdivision (b), the
state board may convene an advisory group for the purpose of
preparing a report or recommendations to the state board about how to
implement this section and the state board may consider any other
recommendations or testimony provided during the regulation adoption
process.
(e) Consistent with Section 3 of Article XIII A of the California
Constitution, the state board may adopt reasonable fees payable by a
holder of an NPDES permit to recover costs incurred in administering
this section.
