Bill Text: CA SB210 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Criminal procedure: pretrial release.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-29 - Ordered to inactive file on request of Assembly Member V. Manuel Pérez. [SB210 Detail]

Download: California-2013-SB210-Amended.html

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BILL NUMBER: SB 210	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 11, 2014
	AMENDED IN SENATE  JANUARY 27, 2014

INTRODUCED BY   Senator Hancock

                        FEBRUARY 11, 2013

   An act to amend Sections 1275 and 1318.1 of the Penal Code,
relating to criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 210, as amended, Hancock. Criminal procedure: pretrial release.

   (1) Existing law requires a judge or magistrate, in setting,
reducing, or denying bail, to take into consideration the protection
of the public, the seriousness of the offense, the defendant's
previous criminal record, and the probability of the defendant
appearing at trial or a hearing.
   This bill would revise the factors that the judge or magistrate
would be required to consider to, among other things, require the
judge or magistrate to consider the history and characteristics of
the defendant, and to consider the nature and circumstances of the
offense. The bill would require a judge or magistrate to also
consider those factors when determining conditions for pretrial
release.
   (2) Existing law authorizes a court, with the concurrence of the
county board of supervisors, to employ an investigative staff for the
purpose of recommending whether a defendant should be released on
his or her own recognizance. In cases involving certain crimes,
including violent felonies, an investigative report is required to be
prepared that includes specified information, including outstanding
warrants against the defendant and prior incidents where the
defendant has failed to make a court appearance.
   This bill would also authorize a sheriff, county probation
department, or other local governmental agency, with the concurrence
of the board of supervisors, to employ an investigative staff for
those purposes, and would require a pretrial investigative report to
be prepared before a court may order a defendant released on his or
her own recognizance in any case involving specified crimes,
including a violent felony. The bill would authorize the preparation
of a pretrial investigation report in all other cases in which a
court, sheriff, county probation department, or other local
governmental agency has employed an investigative staff to recommend
whether the defendant should be released on his or her own
recognizance. The bill would require any pretrial investigative
report to include the results of an evidence-based pretrial risk
assessment, as defined, evaluating the defendant's probability of
appearing at trial and potential risk to public safety. The bill
would prohibit, for purposes of preparing the report, a defendant
from being interviewed about the facts and circumstances of the
defendant's current offense. The bill would authorize a court,
sheriff, county probation department, or other local governmental
agency, with the concurrence of the board of supervisors, to employ
supervision staff to monitor a defendant's compliance with release
conditions ordered by the court, as specified.
   (3) Existing constitutional provisions require that a statute that
limits the right of access to meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by that limitation and the need
for protecting that interest.
   This bill would make legislative findings and declarations
relating to, among other things, the necessity of treating pretrial
investigation reports as confidential in order for pretrial programs
to function properly.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Pretrial custody reform is urgently needed in California,
where the pretrial population far exceeds the national average of 61
percent. More than 71 percent of the 71,000 Californians held in
county jails statewide on any given day are awaiting trial.
   (b) Pretrial custody reform will support the implementation of
public safety realignment by providing counties greater flexibility
in managing their pretrial populations using best practices developed
over many years across many jurisdictions.
   (c) Pretrial services programs have been successfully implemented
in many jurisdictions, and have helped to reduce the pretrial jail
populations, save money, reduce recidivism, and protect the public.
   (d) Increasing the use of evidence-based practices in pretrial
population management programs will allow better empirical analysis
in pretrial decisions, and will help to ensure that the court's
decision to order release, conditions of release, and bail is based
on a credible assessment of the defendant's risk to public safety and
the likelihood of appearance as required.
   (e) In order for pretrial programs to function properly and to
protect the rights of persons submitting sensitive information, it is
essential to treat pretrial investigation reports as confidential so
the reports are used only for release, bail, and monitoring
considerations.
  SEC. 2.  Section 1275 of the Penal Code is amended to read:
   1275.  (a) (1) In determining conditions for pretrial release, and
in setting, reducing, or denying bail, a judge or magistrate shall,
on the available information, take into consideration the protection
of the public, the nature and circumstances of the offense charged,
the history and characteristics of the defendant, the previous
criminal record of the defendant, including whether the defendant
was, at the time of arrest for the charged offense, on probation,
parole, or other form of release pending trial, sentencing, or
appeal, and the probability of his or her appearing at trial or
hearing of the case, including the defendant's record of appearance
at past court hearings or of flight to avoid arrest or prosecution.
Public safety and the safety of the victim shall be the primary
consideration. In setting bail, a judge or magistrate may consider
factors such as the information included in a report prepared in
accordance with Section 1318.1.
   (2) In considering the nature and circumstances of the offense
charged, a judge or magistrate shall include consideration of the
alleged injury to the victim, and alleged threats to the victim or a
witness to the crime charged, the alleged use of a firearm or other
deadly weapon in the commission of the crime charged, and the alleged
use or possession of controlled substances by the defendant.

   (3) In considering the history and characteristics of the
defendant, the judge or magistrate may consider any of the following:
 
   (A) The ties of the defendant to the community, including his or
her employment, the duration of his or her residence, and the
defendant's family attachments.  
   (B) The defendant's current educational or vocational program
enrollment and participation.  
   (C) The physical and mental condition of the defendant and the
defendant's history related to dependence on alcohol or controlled
substances, including past and current participation in substance
abuse programs and counseling.  
   (3) In considering the history, characteristics, and previous
criminal record of the defendant, the judge or magistrate may
consider the results of an evidence-based pretrial risk assessment
instrument that is predictive of the defendant's risk to public
safety and the probability of him or her failing to appear at court
hearings. 
   (b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, a judge or magistrate shall consider the
following: (1) the alleged amounts of controlled substances involved
in the commission of the offense, and (2) whether the defendant is
currently released on bail for an alleged violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code.
   (c) Before a court reduces bail to below the amount established by
the bail schedule approved for the county, in accordance with
subdivisions (b) and (c) of Section 1269b, for a person charged with
a serious felony, as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5,
the court shall make a finding of unusual circumstances and shall set
forth those facts on the record. For purposes of this subdivision,
"unusual circumstances" does not include the fact that the defendant
has made all prior court appearances or has not committed any new
offenses.
  SEC. 3.  Section 1318.1 of the Penal Code is amended to read:
   1318.1.  (a) A court, sheriff, county probation department, or
other local governmental agency, with the concurrence of the board of
supervisors, may employ an investigative staff for the purpose of
recommending whether a defendant should be released on his or her own
recognizance.
   (b)  (1)    Whenever a court, sheriff, county
probation department, or other local governmental agency has employed
an investigative staff pursuant to subdivision (a), before a court
may order a defendant released on his or her own recognizance in any
case involving a violent felony, as described in subdivision (c) of
Section 667.5, or a felony in violation of subdivision (a) of Section
23153 of the Vehicle Code, a pretrial investigative report shall be
prepared recommending whether the defendant should be released on his
or her own recognizance. The report shall include all of the
following: 
   (1) 
    (A)  Written verification of any outstanding warrants
against the defendant. 
   (2) 
    (B)  Written verification of any prior incidents where
the defendant has failed to make a court appearance. 
   (3) 
    (C)  Written verification of the criminal record of the
defendant. 
   (4) 
    (D)  Written verification of the residence of the
defendant during the past year. 
    After 
    (   2)     After  the report
is certified pursuant to this subdivision, it shall be submitted to
the court for review, prior to a hearing held pursuant to Section
1319.
   (c) Whenever a court, sheriff, county probation department, or
other local governmental agency has employed an investigative staff
pursuant to subdivision (a), a pretrial investigation report may be
prepared in any case not involving a violent felony, as described in
subdivision (c) of Section 667.5, or a felony in violation of
subdivision (a) of Section 23153 of the Vehicle Code, recommending
whether the defendant should be released on his or her own
recognizance. Only one agency authorized pursuant to subdivision (a)
shall issue a pretrial investigation report.
   (d)  Any report prepared pursuant to subdivision (b) or (c) shall
include all of the results of an evidence-based pretrial risk
assessment evaluating the defendant's probability of appearing at
trial and potential risk to public safety. "Evidence-based pretrial
risk assessment" is the objective, standardized analysis of
information about a pretrial defendant in a way that is consistent
with and guided by the best available scientific evidence and
professional knowledge that measures the defendant's probability of
appearing at trial and the potential risk to public safety while
pending case disposition.
   (e) In preparing the report pursuant to subdivision (b) or (c),
the defendant shall not be interviewed about the facts and
circumstances of the current offense, and any information that a
defendant may provide shall not be included in the report. Any
information provided by the defendant shall be used solely for the
purposes of determining whether the defendant should be released on
his or her own recognizance or in setting the conditions of the
defendant's release or modifying a prior release order. The reports
may be filed as part of the case record.
   (f) A court, sheriff, county probation department, or other local
governmental agency may, with the concurrence of the board of
supervisors, employ supervision staff to monitor the defendant's
compliance with the release conditions ordered by the court.
Supervision staff may do any of the following:
   (1)  Notify the defendant of court appearance obligations.
   (2)  Require the defendant to report periodically by mail,
telephone, or personal appearance to verify compliance with release
conditions.
   (3)  Monitor and assist the defendant with complying with release
conditions.
   (4)  Supervise a defendant placed on home detention, with or
without electronic monitoring, as a condition of release.
   (5) Promptly report violations of release conditions to the court.

   (6) Provide information to assist any law enforcement officer with
detaining a defendant supervised pursuant to this section and for
whom a bench warrant has been issued.
   (g) The salaries of the staff are a proper charge against the
county.