Bill Text: CA AB112 | 2015-2016 | Regular Session | Amended
Bill Title: Public safety.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB112 Detail]
Download: California-2015-AB112-Amended.html
BILL NUMBER: AB 112 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2015
INTRODUCED BY Committee on Budget (Weber (Chair), Bloom, Bonta,
Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin,
Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)
JANUARY 9, 2015
An act relating to the Budget Act of 2015.
An act to amend Section 135 of the Code of Civil Procedure, to amend
Sections 30029.05, 30061, 70602.6, 70616, 70617, 70657, and 70677 of
the Government Code, to amend Sections 1230, 1231, 1232, 1233.1,
1233.3, 1233.5, 1233.6, 1233.61, 1233.9, 1233.10, 1369.1, 1370, 6402,
and 13602.1 of, to amend and repeal Section 13602 of, to amend,
repeal, and add Sections 13600, 13601, and 13603 of, to add 1370.6
to, to repeal Sections 1233, 1233.15, and 1233.2 of, and to repeal
and add Section 1233.4 of, the Penal Code, to add Section 42008.8 to
the Vehicle Code, to amend Sections 4117 and 4143 of, and to add
Sections 3313, 4023.6, 4023.7, and 4023.8 to, the Welfare and
Institutions Code, to amend the Budget Act of 2014 (Chapter 25 of the
Statutes of 2014) by amending Item 0250-101-3259 of, and
to add Item 5227-491 to, Section 2.00 of that act, relating to public
safety, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 112, as amended, Committee on Budget. Budget Act of
2015. Public safety.
(1) Existing law establishes the Department of the California
Highway Patrol, which is under the control of a civil executive
officer, known as the Commissioner of the California Highway Patrol.
Under existing law, the commissioner is required to, among other
things, enforce all laws regulating the operation of vehicles and the
use of the highways, except as provided.
This bill would require, on or before January 1, 2016, the
department to develop a plan for implementing a body-worn camera
pilot program. The bill would require that plan to examine, among
other things, the minimum specifications for body-worn cameras to be
utilized in a body-worn camera program, best practices for officer
review of recorded body-worn camera data, and best practices for
sharing recorded body-worn camera data internally and externally.
(2) Existing law designates official state holidays, including
Native American Day. Existing law makes those state holidays, with
certain exceptions, judicial holidays.
This bill would additionally exclude Native American Day from the
list of judicial holidays.
(3) Existing law establishes in the State Treasury the Local
Revenue Fund 2011, a continuously appropriated fund, and requires
that its funds be allocated exclusively for public safety services,
as defined. Existing law creates the Enhancing Law Enforcement
Activities Subaccount in that fund and further creates the Enhancing
Law Enforcement Activities Growth Special Account in that subaccount.
Existing law requires each county to establish in the county
treasury various corresponding subaccounts and special accounts for
the receipt of funds allocated to a county for specified local law
enforcement purposes.
Existing law allocates specified funds on August 25 of each year
from the Enhancing Law Enforcement Activities Growth Special Account
to the corresponding subaccount at the county level, including the
following: 27.08% for purposes that include jail construction and
operation and criminal prosecution; 27.08% to implement multiagency
juvenile justice plans; and 7.44% to counties that operate juvenile
camps and ranches, based on the number of beds in each camp. Existing
law allocates these funds to counties pursuant to a schedule
provided by the Department of Finance for these purposes.
This bill would delete the requirement that the funds be allocated
on August 25 of each year and would make other technical changes.
(4) Existing law establishes in each county treasury a
Supplemental Law Enforcement Services Account (SLESA) and requires
the county auditor to allocate moneys in the SLESA in a prescribed
manner to counties and cities located within the county for the
purpose of funding specified public safety programs. Existing law
requires a local agency that receives SLESA moneys to expend or
encumber those moneys no later than June 30 of the fiscal year
following receipt. Existing law requires a local agency that does not
meet that requirement to remit unspent SLESA moneys for deposit in
the County Enhancing Law Enforcement Activities Subaccount.
This bill would, beginning July 1, 2015, eliminate the deadline
for a local agency to expend or encumber SLESA moneys. This bill
would require the county auditor to redirect unspent SLESA moneys
that were remitted after July 1, 2012, to the County Enhancing Law
Enforcement Activities Subaccount to the agency that remitted the
moneys, as specified.
(5) Existing law, until July 1, 2015, imposes a supplemental fee
of $40 for filing first papers in certain civil proceedings, subject
to reduction if the amount of the General Fund appropriation to the
Trial Court Trust Fund is decreased from the amount appropriated in
the 2013-14 fiscal year.
This bill would extend the operation of the supplemental fee until
July 1, 2018.
(6) Existing law, until July 1, 2015, requires a $1,000 fee to be
paid on behalf of all plaintiffs, and by each defendant, intervenor,
respondent, or adverse party to a civil action that is designated or
determined to be a complex case. On and after July 1, 2015, existing
law requires a fee of $550 to be paid under those circumstances.
Existing law, until July 1, 2015, imposes a limitation of $18,000 on
the total amount of complex fees collected from all defendants,
intervenors, respondents, or other adverse parties appearing in a
complex case. On and after July 1, 2015, existing law imposes a
limitation of $10,000 on the amount of the fee required to be paid in
those circumstances.
This bill would extend the operation of the $1,000 complex case
fee and the $18,000 total fee limitation to July 1, 2018, thereby
extending that higher fee rate and limitation by 3 years.
(7) Under existing law, the uniform fee for filing any specified
motion, application, order to show cause, or any other paper
requiring a hearing subsequent to the first paper is $60 until July
1, 2015, at which time that fee is reduced to $40.
This bill would extend the operation of the $60 filing fee to July
1, 2018, thereby extending that higher fee by 3 years.
(8) Existing law, the California Community Corrections Performance
Incentives Act of 2009, authorizes each county to establish a
Community Corrections Performance Incentives Fund, and authorizes the
state to annually allocate moneys into a State Community Corrections
Performance Incentives Fund to be used for specified purposes
relating to improving local probation supervision practices and
capacities. Existing law requires the Director of Finance, in
consultation with specified other entities, to calculate a baseline
probation failure rate, which is the average number of adult felony
probationers sent to state prison during the 2006 to 2008 calendar
years, as a percentage of the weighted average of the population of
adult felony probationers during the same period. Existing law
requires the Director of Finance, in consultation with those
entities, to calculate, on a yearly basis, a statewide probation
failure rate, and a probation rate for each county, based on the
percentage of adult felony probationers sent to state prison or to a
county jail as a percentage of the average statewide or county adult
felony probation population, respectively, as specified. Existing law
requires the Director of Finance, in consultation with those
entities, to estimate the number of adult felony probationers each
county successfully prevented from being incarcerated, based on each
county's probation failure rate and the county's baseline probation
failure rate, taking into account specified changes in each county's
adult felony probation caseload, as specified.
This bill would recast those requirements to eliminate the
requirement that the director calculate a baseline probation failure
rate. The bill would require the director to calculate the statewide
probation failure rate and the probation failure rate for a county
based only on the total number of adult felony probationers sent to
state prison. The bill would require the director to estimate the
number of adult felony probationers, felons on mandatory supervision,
and felons on postrelease community supervision successfully
prevented from being incarcerated in state prison, based only on a
county's probation failure rate, mandatory supervision failure rate,
and postrelease community supervision failure rate. The bill would
also require the director to calculate a combined statewide return to
prison rate and a combined individual county return to prison rate,
as specified.
(9) Existing law requires the Director of Finance, in consultation
with specified other entities, to develop a revised formula for
performance incentive funding related to the act that takes into
account changes to the eligibility of some felony probationers for
revocation to the state prison that results from implementation of
the 2011 Public Safety Realignment, for the purpose of providing
incentive funding for a county probation department that is
successful in reducing postrelease community supervision and
mandatory supervision failure rates. Existing law requires the
director and those entities to calculate a probation failure
reduction incentive payment under a tier-based system based on a
county's probation failure rate, as specified.
This bill would eliminate the tier-based system described above
and would recast the calculation of the probation failure reduction
incentive payment as a statewide performance payment that is
calculated as a specified percentage of the highest year of funding
that a county received from the California Community Corrections
Performance Incentives Grant Program from the 2011-12 fiscal year to
the 2014-15 fiscal year, inclusive. The bill would provide that the
percentage used to calculate the statewide performance incentive
payment for a county shall be based on that county's return to prison
rate, as specified.
(10) Existing law requires the Director of Finance, in
consultation with specified other entities, to calculate a high
performance grant payment, as specified, for the purpose of providing
performance-based funding for a county that demonstrates a high
success rate with reducing recidivism among adult felony
probationers.
This bill would eliminate the high performance grant payment
described above, and would instead require the director to calculate
a yearly county performance incentive payment that is based on the
estimated number of felons on probation, subject to mandatory
supervision, and subject to postrelease community supervision that
were successfully prevented from being incarcerated in state prison,
multiplied by 35% of the cost to incarcerate a felony prison offender
in a contract prison facility.
(11) Existing law requires the Department of Finance to distribute
the moneys remaining in the State Community Corrections Performance
Incentives Fund after the calculation and award of the probation
failure reduction incentive payments and high performance grant
payments described above to qualifying counties.
This bill would eliminate the requirement of distribution of those
moneys, and instead require the Department of Finance to increase to
a total of no more than $200,000 the award of a county's statewide
performance incentive payment and county performance incentive
payment if that county's payment totals less than $200,000. The bill
would further require the Department of Finance to adjust the award
amount, up to $200,000 per county, to counties that did not receive a
statewide performance incentive payment and county performance
incentive payment. By increasing the amount of funds that a county
may receive from the continuously appropriated State Community
Corrections Performance Incentives Fund, the bill would make an
appropriation. The bill would require counties to provide specified
information to the Judicial Council in order to receive these
increases in award amounts.
(12) Existing law requires the Administrative Office of the
Courts, in consultation with specified other entities, to provide a
quarterly statistical report to the Department of Finance that
includes specified information, including the number of felons who
had their postrelease community supervision revoked and were sent to
a county jail for that revocation.
This bill would instead require the Judicial Council to provide
the quarterly statistical information. The bill would provide that
the information related to felons on postrelease community
supervision who had their postrelease community supervision revoked
and were sent to a county jail shall not include felons who are
subject to flash incarceration, as specified.
(13) Existing law authorizes each county to establish a Community
Corrections Performance Incentives Fund, and authorizes the state to
annually allocate moneys into a State Community Corrections
Performance Incentives Fund to be used for specified purposes
relating to improving local probation supervision practices and
capacities. Existing law creates the Recidivism Reduction Fund in the
State Treasury to be available upon appropriation by the Legislature
for activities designed to reduce the state's prison population, and
authorizes funds available in the Recidivism Reduction Fund to be
transferred to the State Community Corrections Performance Incentives
Fund.
Existing law, upon agreement to accept funding from the Recidivism
Reduction Fund, requires a county board of supervisors, in
collaboration with the county's Community Corrections Partnership, to
develop, administer, and collect and submit data to the Board of
State and Community Corrections regarding a competitive grant program
intended to fund community recidivism and crime reduction services,
including, but not limited to, delinquency prevention, homelessness
prevention, and reentry services. Existing law requires the funding
to be allocated to counties from the Budget Act of 2014 by the State
Controller's Office according to a specified allocation schedule.
Existing law requires that any funds not encumbered with a community
recidivism and crime reduction service provider one year after
allocation of grant funds to counties immediately revert to the state
General Fund.
This bill would enact a revised schedule allocating funds to
counties from the Budget Act of 2015 that would reduce each
allocation by 50%. The bill would also delete the requirement that
any funds not encumbered with a community recidivism and crime
reduction service provider one year after allocation of grant funds
to counties immediately revert to the state General Fund. The bill
would require any funds in the Recidivism Reduction Fund that are not
encumbered by June 30, 2016, to revert to the General Fund upon
order of the Department of Justice. The bill would also abolish the
Recidivism Reduction Fund once all funds encumbered in the fund are
liquidated.
(14) Existing law prohibits a person from being tried or adjudged
to punishment while that person is mentally incompetent. Existing law
establishes a process by which a defendant's mental competency is
evaluated and by which the defendant receives treatment, including,
if applicable, antipsychotic medication, with the goal of returning
the defendant to competency. Existing law requires that the court
order the defendant to be delivered to a treatment facility, and,
until January 1, 2016, defines "treatment facility" to include a
county jail for these purposes. Existing law, until January 1, 2016,
authorizes certain medications to be provided to a defendant in a
county jail if he or she is mentally incompetent and unable to
provide informed consent due to a mental disorder. Existing law,
until January 1, 2016, limits to 6 months the maximum period of time
a defendant may be treated in a treatment facility.
This bill would delete that January 1, 2016, repeal date, thereby
extending the operation of these provisions indefinitely.
(15) If a mentally incompetent defendant is sent to a county jail
for treatment, existing law requires the State Department of State
Hospitals to provide treatment at the county jail treatment facility
and to reimburse the county jail treatment facility for the
reasonable cost of the bed during treatment.
This bill would, upon approval by the State Department of State
Hospitals and an appropriation in the Budget Act, authorize the
county jail treatment facility to provide restoration of competency
services and would allow the department to reimburse the county for
these services and the reasonable costs of any necessary medical
treatment not provided within the county jail treatment facility.
This bill would, if the county jail is used as a treatment facility,
require the county to provide for transportation of the defendant to
the county jail treatment facility unless otherwise agreed to by the
State Department of State Hospitals and the facility. This bill would
require the State Department of State Hospitals and a county jail
treatment facility, if found to be comparatively at fault for any
claim, action, loss, or damage which results from their obligations,
to indemnify the other to the extent of their comparative fault.
(16) Existing law establishes the Department of Corrections and
Rehabilitation to oversee the state prison system. Existing law
requires the department to develop policies related to contraband
interdiction efforts for individuals entering department facilities.
This bill would require those policies to ensure visitors are
informed further potential search or visitation options and to
consider the use of full-body scanners. The bill would further
require that the department, after 2 years of implementation of the
policies it creates pursuant to this bill, conduct an evaluation of
the policy.
(17) Existing law establishes the Commission on Correction Peace
Officer Standards and Training (the CPOST) within the Department of
Corrections and Rehabilitation. Existing law requires the executive
board of the CPOST to be comprised of 6 voting members, 3 appointed
by the department and 3 appointed by the Governor. Existing law
requires that one of the department's appointees represent the
Division of Juvenile Facilities. Existing law requires each
appointing authority to appoint an alternate for each regular member
it appoints, and requires the alternate to possess the same
qualifications as the regular member and to substitute for, and vote
in place of, the regular member whenever he or she is absent.
Existing law requires the CPOST to appoint an executive director.
This bill would instead, commencing July 1, 2015, require that one
of the department's appointees represent the Division of Juvenile
Justice or the Division of Rehabilitative Programs within the
department. The bill would instead require alternate members to
possess the same qualifications as a regular member and to substitute
for, and vote in place of, a regular member who was appointed by the
same appointing authority whenever that regular member is absent.
The bill would delete the requirement that the CPOST appoint an
executive director. The bill would require the CPOST executive board
to seek advice from national experts, including university and
college institutions and correctional associations, on issues
pertaining to adult corrections, juvenile justice, and the training
of the Department of Corrections and Rehabilitation staff that are
relevant to its mission.
(18) Existing law, until January 1, 2017, allows the Department of
Corrections and Rehabilitation to use a training academy established
for the California City Correctional Center.
This bill would extend that provision indefinitely.
(19) Existing law requires the Department of Corrections and
Rehabilitation to provide 16 weeks of training to each correctional
peace officer cadet prior to his or her assignment to a post or
position as a correctional peace officer. If an agreement is reached
between the department and the bargaining unit for the correction
peace officers, existing law allows the department, with the approval
of the CPOST, to have cadets sworn in as correctional peace officers
upon completion of 12 weeks of training and complete the final 4
weeks of training at the institution where the cadet is assigned to a
post or position.
This bill would, commencing July 1, 2015, require the department
to instead provide 480 hours of training to each correctional peace
officer cadet. The bill would require the CPOST to determine the
on-the-job training requirements for correctional peace officers.
(20) Existing law requires a county to establish a one-time
amnesty program for fines and bail due on or before January 1, 2009,
for certain infraction or misdemeanor violations of the Vehicle Code
and the Penal Code. Existing law allows a person owing a fine or bail
that was eligible for amnesty under this program to pay to the
superior or juvenile court 50% of the total fine or bail, as defined,
which is required to be accepted by the court in full satisfaction
of the delinquent fine or bail. Under existing law, the amnesty
program was required to accept these payments from January 1, 2012,
until June 30, 2012.
This bill would require a county to establish a similar amnesty
program for fines and bail initially due on or before January 1,
2013, to be conducted in accordance with guidelines adopted by the
Judicial Council. The bill would require the program to accept
payments between October 1, 2015, to March 31, 2017, inclusive, and
would authorize a participant to receive an additional reduction in
his or her repayment amount if the participant certifies, under
penalty of perjury, that he or she receives specified public
assistance programs or that his or her monthly income is 125% or less
of the current poverty guidelines. By requiring each county to
establish and operate an amnesty program, and by expanding the scope
of the crime of perjury, this bill would impose a state-mandated
local program. The bill would, following the transfer to the Judicial
Council of the first $250,000 received, increase the percentage of
specified penalties to be deposited in the Peace Officers' Training
Fund and the Corrections Training Fund, which are continuously
appropriated funds. By increasing the amount of money deposited into
continuously appropriated funds, this bill would make an
appropriation.
(21) Existing law requires the Department of Corrections and
Rehabilitation to close the California Rehabilitation Center located
in Norco, California, no later than December 31, 2016, or 6 months
after the construction of 3 Level II dorm facilities, whichever is
earlier. Existing law suspends this requirement pending a review by
the Department of Finance and the Department of Corrections and
Rehabilitation that determines the facility can be closed.
This bill would require the Department of Finance and the
Department of Corrections and Rehabilitation to release a report that
provides an updated comprehensive plan for the state prison system,
including a permanent solution to the decaying infrastructure of the
California Rehabilitation Center. The bill would require the report
to be submitted with the Governor's 2016-17 Budget to the Assembly
Committee on Appropriations, the Assembly Committee on Budget, the
Senate Committee on Appropriations, the Senate Committee on Budget
and Fiscal Review, and the Joint Legislative Budget Committee.
(22) Existing law establishes the State Department of
Developmental Services and sets forth its powers and duties relating
to the administration of state developmental centers. Existing law
establishes the State Department of State Hospitals and sets forth
its powers and duties relating to the administration of state
hospitals. Existing law establishes the Office of Law Enforcement
Support within the California Health and Human Services Agency for
the purpose of improving and providing oversight of various law
enforcement activities within the State Department of Developmental
Services and the State Department of State Hospitals.
This bill would
require the Office of Law Enforcement Support to investigate
specified incidents at a developmental center or state hospital,
including any incident that involves developmental center or state
hospital law enforcement personnel and that meets certain criteria.
The bill would also provide that the Office of Law Enforcement
Support be responsible for contemporaneous oversight of specified
investigations by the State Department of State Hospitals and the
State Department of Developmental Service. The bill would require
reports written upon completion of that review to be confidential.
The bill would require the Office of Law Enforcement Support to
issue regular reports, no less than semiannually, summarizing the
investigations it conducted and its oversight of investigations, 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.
(23) Existing law generally requires the nontreatment costs of
trials and hearings related to persons confined in a state hospital
to be paid by the state to the county where the trial or hearing was
had, except that existing law requires the county of commitment to
pay these costs if the hearing is for an order seeking the
involuntary treatment with psychotropic medication of a person
confined in a state hospital as a condition of parole who is subject
to an order for continued treatment beyond his or her period of
parole.
This bill would additionally require the county of commitment to
pay the county where the proceeding is held for the nontreatment
costs associated with any hearing for an order seeking involuntary
treatment with psychotropic medication of a person confined in a
state hospital after being found not guilty by reason of insanity.
(24) Existing law establishes state hospitals for the care,
treatment, and education of mentally disordered persons, which are
under the jurisdiction of the State Department of State Hospitals.
Commencing July 1, 2015, and subject to available funding, existing
law authorizes the department to establish and maintain pilot
enhanced treatment programs (ETPs), for the treatment of patients who
are at high risk of most dangerous behavior, and when safe treatment
is not possible in a standard treatment environment.
This bill would require the department, at least 60 days prior to
implementing an ETP, to submit written draft policies and procedures
that will guide the operation of the ETP, including, but not limited
to, admittance criteria, staffing levels, services to be provided to
patients, a transition planning process, and training requirements to
the appropriate policy committees of the Legislature and to the
Joint Legislative Budget Committee.
(25) Existing law, in the Budget Act of 2014, appropriates
$15,000,000 for the establishment or ongoing operation and staffing
of programs known to reduce recidivism and enhance public safety by
means of a competitive grant program developed and administered by
the Judicial Council. Existing law, the Budget Act of 2014,
authorizes these funds to be expended until June 30, 2017, after
which any unexpended funds revert to the General Fund.
This bill would allow these funds to be encumbered, in addition to
being expended, until June 30, 2017, thereby making an
appropriation.
(26) Existing law, in the Budget Act of 2014, appropriates
$28,000,000 for local assistance to the Board of State and Community
Corrections.
This bill would reappropriate these funds for the purposes
specified in the above appropriation and make the funds available for
encumbrance or expenditure until June 30, 2016, except that the bill
would make the balance of a $900,000 appropriation to administer the
mentally ill offender crime reduction grant available for
encumbrance or expenditure until June 30, 2017, thereby making an
appropriation.
(27) 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.
(28) 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.
(29) 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 2015.
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. (a) It is the intent of the Legislature
to provide the Department of the California Highway Patrol with the
latitude to conduct a body-worn camera program that informs future
decisions regarding a department-wide body-worn camera program.
(b) On or before January 1, 2016, the California Highway Patrol
shall develop a plan for implementing a body-worn camera pilot
program. The pilot program shall explore, but not be limited to, all
of the following:
(1) The types of officers that should be assigned or permitted to
wear a body-worn camera and the circumstances under which the
body-worn camera should be worn.
(2) The minimum specifications for body-worn cameras to be
utilized in the body-worn camera program.
(3) The practicality of an officer using a privately owned
body-worn camera while on duty.
(4) The best locations on the officer's body where a body-worn
camera should be worn.
(5) Best practices for officers notifying members of the public
that the officer's body-worn camera is recording.
(6) The identity of the individual responsible for uploading
recorded body-worn camera data and images.
(7) The circumstances during which recorded body-worn camera data
should be uploaded.
(8) Best practices for recorded body-worn camera data storage.
(9) Random reviews of recorded body-worn camera data for
compliance with the pilot program and overall officer performance.
(10) Best practices on accessing recorded body-worn camera data
for an officer's personal use.
(11) Best practices for officer review of recorded body-worn
camera data.
(12) Best practices for sharing recorded body-worn camera data
internally.
(13) Best practices for sharing recorded body-worn camera data
externally with the public and the news media.
(14) Body-worn camera usage training.
(15) A schedule for reviewing body-worn camera policies and
protocols.
SEC. 2. Section 135 of the Code of
Civil Procedure is amended to read:
135. Every full day designated as a holiday by Section 6700 of
the Government Code, including that Thursday of November declared by
the President to be Thanksgiving Day, is a judicial holiday, except
September 9, known as "Admission Day," the fourth Friday in
September, known as "Native American Day," and any other day
appointed by the President, but not by the Governor, for a public
fast, thanksgiving, or holiday. If a judicial holiday falls on a
Saturday or a Sunday, the Judicial Council may designate an
alternative day for observance of the holiday. Every Saturday and the
day after Thanksgiving Day is a judicial holiday. Officers and
employees of the courts shall observe only the judicial holidays
established pursuant to this section.
SEC. 3. Section 30029.05 of the
Government Code is amended to read:
30029.05. For purposes of this section, each fiscal year shall
include cash received on August 16 to August 15, inclusive, of the
following year. For the 2012-13 fiscal year, and for each fiscal year
thereafter, the Controller shall allocate funds from the accounts in
the Local Revenue Fund 2011 as follows:
(a) All of the funds allocated to the Mental Health Account from
the Local Revenue Fund 2011 shall be allocated by the Controller on
the 20th of each month to the Mental Health Subaccount of the Sales
Tax Account in the Local Revenue Fund described in Section 17600 of
the Welfare and Institutions Code.
(b) Funds allocated to the Trial Court Security Subaccount from
the Local Revenue Fund 2011 shall be allocated by the Controller on
the 27th of each month to the Trial Court Security Subaccount within
each county's or city and county's County Local Revenue Fund 2011.
The moneys allocated pursuant to this subdivision shall be used
solely to provide security to the trial courts and shall not be used
to pay for general county administrative expenses, including, but not
limited to, the costs of administering the account. These funds
shall be allocated as follows:
+--------------------+------------------+
|Alameda County |4.4128% |
+--------------------+------------------+
|Alpine County |0.0025% |
+--------------------+------------------+
|Amador County |0.1141% |
+--------------------+------------------+
|Butte County |0.3818% |
+--------------------+------------------+
|Calaveras County |0.0711% |
+--------------------+------------------+
|Colusa County |0.0296% |
+--------------------+------------------+
|Contra Costa County |2.7405% |
+--------------------+------------------+
|Del Norte County |0.0662% |
+--------------------+------------------+
|El Dorado County |0.4896% |
+--------------------+------------------+
|Fresno County |2.9892% |
+--------------------+------------------+
|Glenn County |0.0950% |
+--------------------+------------------+
|Humboldt County |0.2275% |
+--------------------+------------------+
|Imperial County |0.2454% |
+--------------------+------------------+
|Inyo County |0.0736% |
+--------------------+------------------+
|Kern County |1.9901% |
+--------------------+------------------+
|Kings County |0.1907% |
+--------------------+------------------+
|Lake County |0.1012% |
+--------------------+------------------+
|Lassen County |0.0326% |
+--------------------+------------------+
|Los Angeles County |29.8019% |
+--------------------+------------------+
|Madera County |0.2624% |
+--------------------+------------------+
|Marin County |0.6103% |
+--------------------+------------------+
|Mariposa County |0.0402% |
+--------------------+------------------+
|Mendocino County |0.2709% |
+--------------------+------------------+
|Merced County |0.5739% |
+--------------------+------------------+
|Modoc County |0.0212% |
+--------------------+------------------+
|Mono County |0.0957% |
+--------------------+------------------+
|Monterey County |0.7669% |
+--------------------+------------------+
|Napa County |0.3259% |
+--------------------+------------------+
|Nevada County |0.1684% |
+--------------------+------------------+
|Orange County |8.6268% |
+--------------------+------------------+
|Placer County |0.7694% |
+--------------------+------------------+
|Plumas County |0.0772% |
+--------------------+------------------+
|Riverside County |3.2023% |
+--------------------+------------------+
|Sacramento County |5.1290% |
+--------------------+------------------+
|San Benito County |0.0777% |
+--------------------+------------------+
|San Bernardino |5.2226% |
|County | |
+--------------------+------------------+
|San Diego County |6.7499% |
+--------------------+------------------+
|San Francisco County|2.2669% |
+--------------------+------------------+
|San Joaquin County |1.7058% |
+--------------------+------------------+
|San Luis Obispo |0.8299% |
|County | |
+--------------------+------------------+
|San Mateo County |2.0628% |
+--------------------+------------------+
|Santa Barbara County|1.3638% |
+--------------------+------------------+
|Santa Clara County |6.0031% |
+--------------------+------------------+
|Santa Cruz County |0.6038% |
+--------------------+------------------+
|Sierra County |0.0055% |
+--------------------+------------------+
|Siskiyou County |0.1274% |
+--------------------+------------------+
|Solano County |1.1398% |
+--------------------+------------------+
|Sonoma County |1.4353% |
+--------------------+------------------+
|Stanislaus County |0.9300% |
+--------------------+------------------+
|Sutter County |0.1111% |
+--------------------+------------------+
|Tehama County |0.1139% |
+--------------------+------------------+
|Tulare County |1.1402% |
+--------------------+------------------+
|Tuolumne County |0.2059% |
+--------------------+------------------+
|Ventura County |2.2509% |
+--------------------+------------------+
|Yolo County |0.5491% |
+--------------------+------------------+
|Yuba County |0.1087% |
+--------------------+------------------+
(c) (1) Funds allocated to the Local Community Corrections Account
and to its successor, the Community Corrections Subaccount, from the
Local Revenue Fund 2011 shall constitute the creation of the grant
program in accordance with Section 30026 and the appropriation to
fund the Community Corrections Grant Program consistent with the
provisions of Chapter 15 of the Statutes of 2011, and as identified
in Section 636 of Chapter 15 of the Statutes of 2011. The funds from
the Community Corrections Subaccount shall be allocated in the
2012-13 and 2013-14 fiscal years as follows:
+--------------------+------------------+
|Alameda County |3.4667% |
+--------------------+------------------+
|Alpine County |0.0182% |
+--------------------+------------------+
|Amador County |0.1341% |
+--------------------+------------------+
|Butte County |0.6646% |
+--------------------+------------------+
|Calaveras County |0.0943% |
+--------------------+------------------+
|Colusa County |0.0513% |
+--------------------+------------------+
|Contra Costa County |2.2880% |
+--------------------+------------------+
|Del Norte County |0.0647% |
+--------------------+------------------+
|El Dorado County |0.3950% |
+--------------------+------------------+
|Fresno County |2.4658% |
+--------------------+------------------+
|Glenn County |0.0786% |
+--------------------+------------------+
|Humboldt County |0.3964% |
+--------------------+------------------+
|Imperial County |0.3709% |
+--------------------+------------------+
|Inyo County |0.0469% |
+--------------------+------------------+
|Kern County |2.7823% |
+--------------------+------------------+
|Kings County |0.7167% |
+--------------------+------------------+
|Lake County |0.2054% |
+--------------------+------------------+
|Lassen County |0.0923% |
+--------------------+------------------+
|Los Angeles County |31.7692% |
+--------------------+------------------+
|Madera County |0.4083% |
+--------------------+------------------+
|Marin County |0.5414% |
+--------------------+------------------+
|Mariposa County |0.0402% |
+--------------------+------------------+
|Mendocino County |0.2448% |
+--------------------+------------------+
|Merced County |0.6179% |
+--------------------+------------------+
|Modoc County |0.0198% |
+--------------------+------------------+
|Mono County |0.0343% |
+--------------------+------------------+
|Monterey County |0.9410% |
+--------------------+------------------+
|Napa County |0.2927% |
+--------------------+------------------+
|Nevada County |0.2100% |
+--------------------+------------------+
|Orange County |6.6797% |
+--------------------+------------------+
|Placer County |0.7340% |
+--------------------+------------------+
|Plumas County |0.0422% |
+--------------------+------------------+
|Riverside County |5.1232% |
+--------------------+------------------+
|Sacramento County |3.3308% |
+--------------------+------------------+
|San Benito County |0.1300% |
+--------------------+------------------+
|San Bernardino |6.6254% |
|County | |
+--------------------+------------------+
|San Diego County |7.0156% |
+--------------------+------------------+
|San Francisco County|2.0262% |
+--------------------+------------------+
|San Joaquin County |1.7534% |
+--------------------+------------------+
|San Luis Obispo |0.6145% |
|County | |
+--------------------+------------------+
|San Mateo County |1.5961% |
+--------------------+------------------+
|Santa Barbara County|0.9457% |
+--------------------+------------------+
|Santa Clara County |4.0037% |
+--------------------+------------------+
|Santa Cruz County |0.6139% |
+--------------------+------------------+
|Shasta County |0.7419% |
+--------------------+------------------+
|Sierra County |0.0182% |
+--------------------+------------------+
|Siskiyou County |0.1065% |
+--------------------+------------------+
|Solano County |1.0024% |
+--------------------+------------------+
|Sonoma County |1.0710% |
+--------------------+------------------+
|Stanislaus County |1.4525% |
+--------------------+------------------+
|Sutter County |0.2978% |
+--------------------+------------------+
|Tehama County |0.3032% |
+--------------------+------------------+
|Trinity County |0.0353% |
+--------------------+------------------+
|Tulare County |1.3899% |
+--------------------+------------------+
|Tuolumne County |0.1422% |
+--------------------+------------------+
|Ventura County |1.7880% |
+--------------------+------------------+
|Yolo County |0.7162% |
+--------------------+------------------+
|Yuba County |0.2487% |
+--------------------+------------------+
(2) Commencing with the 2014-15 fiscal year, funds allocated to
the Community Corrections Subaccount from the Local Revenue Fund 2011
shall be allocated in monthly installments to the Community
Corrections Subaccount held in each county's or city and county's
County Local Revenue Fund 2011 pursuant to schedules developed by the
Department of Finance in consultation with the California State
Association of Counties.
(d) (1) For the 2012-13 and 2013-14 fiscal years, funds allocated
by the Controller to the District Attorney and Public Defender
Subaccount from the Local Revenue Fund 2011 shall be allocated in
monthly installments to the District Attorney and Public Defender
Subaccount held in each county's or city and county's County Local
Revenue Fund 2011 as follows:
+--------------------+------------------+
|Alameda County |2.7104% |
+--------------------+------------------+
|Alpine County |0.0180% |
+--------------------+------------------+
|Amador County |0.1476% |
+--------------------+------------------+
|Butte County |0.7549% |
+--------------------+------------------+
|Calaveras County |0.0951% |
+--------------------+------------------+
|Colusa County |0.0560% |
+--------------------+------------------+
|Contra Costa County |1.4172% |
+--------------------+------------------+
|Del Norte County |0.0595% |
+--------------------+------------------+
|El Dorado County |0.3453% |
+--------------------+------------------+
|Fresno County |2.4875% |
+--------------------+------------------+
|Glenn County |0.0883% |
+--------------------+------------------+
|Humboldt County |0.4231% |
+--------------------+------------------+
|Imperial County |0.3633% |
+--------------------+------------------+
|Inyo County |0.0497% |
+--------------------+------------------+
|Kern County |3.0187% |
+--------------------+------------------+
|Kings County |0.7926% |
+--------------------+------------------+
|Lake County |0.2247% |
+--------------------+------------------+
|Lassen County |0.1032% |
+--------------------+------------------+
|Los Angeles County |31.7692% |
+--------------------+------------------+
|Madera County |0.4643% |
+--------------------+------------------+
|Marin County |0.3873% |
+--------------------+------------------+
|Mariposa County |0.0425% |
+--------------------+------------------+
|Mendocino County |0.2726% |
+--------------------+------------------+
|Merced County |0.6905% |
+--------------------+------------------+
|Modoc County |0.0182% |
+--------------------+------------------+
|Mono County |0.0258% |
+--------------------+------------------+
|Monterey County |1.0637% |
+--------------------+------------------+
|Napa County |0.2931% |
+--------------------+------------------+
|Nevada County |0.1505% |
+--------------------+------------------+
|Orange County |6.5321% |
+--------------------+------------------+
|Placer County |0.8254% |
+--------------------+------------------+
|Plumas County |0.0399% |
+--------------------+------------------+
|Riverside County |5.8375% |
+--------------------+------------------+
|Sacramento County |3.6563% |
+--------------------+------------------+
|San Benito County |0.1481% |
+--------------------+------------------+
|San Bernardino |7.1875% |
|County | |
+--------------------+------------------+
|San Diego County |7.0735% |
+--------------------+------------------+
|San Francisco County|1.5002% |
+--------------------+------------------+
|San Joaquin County |1.8909% |
+--------------------+------------------+
|San Luis Obispo |0.6169% |
|County | |
+--------------------+------------------+
|San Mateo County |1.2412% |
+--------------------+------------------+
|Santa Barbara County|1.0721% |
+--------------------+------------------+
|Santa Clara County |3.6030% |
+--------------------+------------------+
|Santa Cruz County |0.4848% |
+--------------------+------------------+
|Shasta County |0.8271% |
+--------------------+------------------+
|Sierra County |0.2097% |
+--------------------+------------------+
|Siskiyou County |0.1198% |
+--------------------+------------------+
|Solano County |1.0620% |
+--------------------+------------------+
|Sonoma County |0.9317% |
+--------------------+------------------+
|Stanislaus County |1.6617% |
+--------------------+------------------+
|Sutter County |0.3221% |
+--------------------+------------------+
|Tehama County |0.3338% |
+--------------------+------------------+
|Trinity County |0.0368% |
+--------------------+------------------+
|Tulare County |1.5667% |
+--------------------+------------------+
|Tuolumne County |0.1622% |
+--------------------+------------------+
|Ventura County |1.6280% |
+--------------------+------------------+
|Yolo County |0.8202% |
+--------------------+------------------+
|Yuba County |0.2760% |
+--------------------+------------------+
(2) Commencing with the 2014-15 fiscal year, funds allocated to
the District Attorney and Public Defender Subaccount from the Local
Revenue Fund 2011 shall be allocated in monthly installments to the
District Attorney and Public Defender Subaccount held in each county'
s or city and county's County Local Revenue Fund 2011 pursuant to
schedules developed by the Department of Finance in consultation with
the California State Association of Counties.
(e) Funds allocated to the Enhancing Law Enforcement Activities
Subaccount in the Local Revenue Fund 2011 shall be allocated in
accordance with the following:
(1) Subdivision (c) (d) of Section
29552.
(2) Subdivision (f) (g) of Section
30061.
(3) Subdivision (b) (a) of Section
30070.
(4) Subdivision (c) of Section 13821 of the Penal Code.
(5) Subdivision (b) of Section 18220 of the Welfare and
Institutions Code.
(6) Subdivision (b) (c) of Section
18220.1 of the Welfare and Institutions Code.
(f) On August 25 of each year, funds Funds
allocated to the Enhancing Law Enforcement Activities Growth
Special Account in the Enhancing Law Enforcement Activities
Subaccount in the Local Revenue Fund 2011 shall be allocated to the
corresponding subaccount at the county level as follows:
(1) An amount equaling 38.40 percent shall be allocated to
counties for the purposes of Section 18221 of the Welfare and
Institutions Code. The Controller shall allocate these funds pursuant
to the percentages provided in subdivision (c) of Section 18220 of
the Welfare and Institutions Code.
(2) An amount equaling 27.08 percent shall be allocated to
counties pursuant to a schedule provided by the Department
of Finance for the purposes specified in paragraphs (1) to
(3), inclusive, of subdivision (b) of Section 30061. The
Controller shall allocate these funds pursuant to the base allocation
schedule provided by the Department of Finance for that fiscal year
pursuant to subdivision (g) of Section 30061.
(3) An amount equaling 27.08 percent shall be allocated to
counties pursuant to a schedule to be provided by the
Department of Finance for the purposes specified in
paragraph (4) of subdivision (b) of Section 30061. The
Controller shall allocate these funds pursuant to the base allocation
schedule provided by the Department of Finance for that fiscal year
pursuant to subdivision (g) of Section 30061.
(4) An amount equaling 7.44 percent shall be allocated to counties
for the purposes of Section 18220.1 of the Welfare and Institutions
Code, based on a schedule provided by the Department of
Finance. Code. The Controller shall allocate these
funds pursuant to the base allocation schedule provided by the
Department of Finance for that fiscal year pursuant to subdivision
(c) of Section 18220.1 of the Welfare and Institutions
Code.
SEC. 4. 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. 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),
(i), 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),
(i), 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 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 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 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 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 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 Board of State and Community
Corrections, in a format specified by the board, on the programs
funded pursuant to this chapter and program outcomes as specified in
subparagraph (C).
(ii) The 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.
(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.
(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.
(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) 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, subsequent to the
allocation described in subdivision (c) of Section 29552, the
Controller shall allocate 23.54363596 percent of the remaining 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, subsequent to the allocation
described in subdivision (c) of Section 29552, shall allocate
23.54363596 percent of the remaining amount for purposes of paragraph
(4) of subdivision (b).
(g) Commencing with the 2013-14 fiscal year, subsequent to the
allocation described in subdivision (d) of Section 29552, the
Controller shall allocate 23.54363596 percent of the remaining 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, subsequent to the allocation
described in subdivision (d) of Section 29552, shall allocate
23.54363596 percent of the remaining amount for purposes of paragraph
(4) of subdivision (b). The Controller shall allocate funds in
monthly installments to local jurisdictions for public safety in
accordance with this section as annually calculated by the Director
of Finance.
(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 the
requirement of this subdivision shall remit unspent SLESA moneys
received after April 1, 2009, to the Controller for deposit in the
Local Safety and Protection Account, after April 1, 2012, to the
Local Law Enforcement Services Account, and after July 1, 2012, to
the County Enhancing Law Enforcement Activities Subaccount. This
subdivision shall become inoperative on July 1, 2015.
(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.
(j) The county auditor shall redirect unspent funds that were
remitted after July 1, 2012, by a local agency to the County
Enhancing Law Enforcement Activities Subaccount pursuant to
subdivision (h), to the local agency that remitted the unspent funds
in an amount equal to the amount remitted.
SEC. 5. Section 70602.6 of the
Government Code is amended to read:
70602.6. (a) Notwithstanding any other law, a supplemental fee of
forty dollars ($40) shall be collected for filing any first paper
subject to the uniform fee that is set at three hundred fifty-five
dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652,
70653, 70655, 70658, and 70670. The total fee collected under these
sections, which includes the supplemental fee, shall be deposited and
distributed as provided in Sections 68085.3 and 68086.1, as
applicable.
(b) The fee imposed under this section is in addition to any other
fees authorized by law, including, but not limited to, the fees
authorized in Section 70602.5.
(c) After the 2013-14 fiscal year, if the amount of the General
Fund transfer to the Trial Court Trust Fund is decreased more than 10
percent from the amount appropriated in the 2013-14 fiscal year and
is not offset by another source of revenue other than court fees so
as to result in a net reduction in funding greater than 10 percent,
then the amount of the supplemental fees provided in subdivision (a)
shall be decreased proportionally. The Judicial Council shall adopt
and publish a schedule setting the fees resulting from the decrease.
(d) This section shall become inoperative on July 1,
2015, July 1, 2018, and, as of January
1, 2016, January 1, 2019, is repealed, unless a
later enacted statute, that becomes operative on or before
January 1, 2016, January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 6. Section 70616 of the Government
Code , as amended by Section 41 of Chapter 41 of the
Statutes of 2012, is amended to read:
70616. (a) In addition to the first paper filing fee required by
Section 70611 or 70613, a single complex case fee shall be paid to
the clerk on behalf of all plaintiffs, whether filing separately or
jointly, either at the time of the filing of the first paper if the
case is designated as complex pursuant to the California Rules of
Court, or, if no such designation was made, in each case in which a
court determines that the case is a complex case pursuant to the
California Rules of Court, within 10 calendar days of the filing of
the court's order.
(b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, either at the time that party files its first
paper in a case if the case is designated or counterdesignated as
complex pursuant to the California Rules of Court, or, if no such
designation was made, in each case in which a court determines that
the case is a complex case pursuant to the California Rules of Court,
within 10 calendar days of the filing of the court's order. This
additional complex fee shall be charged to each defendant,
intervenor, respondent, or adverse party appearing in the case, but
the total complex fees collected from all the defendants,
intervenors, respondents, or other adverse parties appearing in a
complex case shall not exceed eighteen thousand dollars ($18,000).
(c) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees
actually collected exceed, or if collected would exceed, the limit in
subdivision (b), the court shall make any order as is necessary to
ensure that the total complex fees paid by the defendants,
intervenors, respondents, or other adverse parties appearing in the
case do not exceed the limit and that the complex fees paid by those
parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be one
thousand dollars ($1,000), unless the fee is reduced pursuant to this
section. The fee shall be transmitted to the Trial Court Trust Fund
as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the
filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
(h) The amendments made to this section during the 2011-12 Regular
Session of the Legislature do not constitute a change in, but are
declaratory of, existing law.
(i) This section shall become inoperative on July 1,
2015, July 1, 2018, and, as of January
1, 2016, January 1, 2019, is repealed, unless a
later enacted statute, that becomes operative on or before
January 1, 2016, January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Section 70616 of the Government
Code , as added by Section 42 of Chapter 41 of the
Statutes of 2012, is amended to read:
70616. (a) In addition to the first paper filing fee required by
Section 70611 or 70613, a single complex case fee shall be paid to
the clerk on behalf of all plaintiffs, whether filing separately or
jointly, either at the time of the filing of the first paper if the
case is designated as complex pursuant to the California Rules of
Court, or, if no such designation was made, in each case in which a
court determines that the case is a complex case pursuant to the
California Rules of Court, within 10 calendar days of the filing of
the court's order.
(b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, either at the time that party files its first
paper in a case if the case is designated or counterdesignated as
complex pursuant to the California Rules of Court, or, if no such
designation was made, in each case in which a court determines that
the case is a complex case pursuant to the California Rules of Court,
within 10 calendar days of the filing of the court's order. This
additional complex fee shall be charged to each defendant,
intervenor, respondent, or adverse party appearing in the case, but
the total complex fees collected from all the defendants,
intervenors, respondents, or other adverse parties appearing in a
complex case shall not exceed ten thousand dollars ($10,000).
(c) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees
actually collected exceed, or if collected would exceed, the limit in
subdivision (b), the court shall make any order as is necessary to
ensure that the total complex fees paid by the defendants,
intervenors, respondents, or other adverse parties appearing in the
case do not exceed the limit and that the complex fees paid by those
parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be five
hundred fifty dollars ($550), unless the fee is reduced pursuant to
this section. The fee shall be transmitted to the Trial Court Trust
Fund as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the
filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
(h) The amendments made to the predecessor to this section during
the 2011-12 Regular Session of the Legislature do not constitute a
change in, but are declaratory of, existing law.
(i) This section shall become operative on July 1, 2015.
July 1, 2018.
SEC. 8. Section 70617 of the Government
Code , as amended by Section 43 of Chapter 41 of the
Statutes of 2012, is amended to read:
70617. (a) Except as provided in subdivisions (d) and (e), the
uniform fee for filing a motion, application, or any other paper
requiring a hearing subsequent to the first paper, is sixty dollars
($60). Papers for which this fee shall be charged include the
following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special
proceeding.
(6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing
any of the following:
(1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of
a minor.
(10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
(13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary
adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to
appear as counsel pro hac vice is five hundred dollars ($500). This
fee is in addition to any other fee required of the applicant. Two
hundred fifty dollars ($250) of the fee collected under this
paragraph shall be transmitted to the state for deposit into the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5. The remaining two
hundred fifty dollars ($250) of the fee shall be transmitted to the
state for deposit into the Trial Court Trust Fund, established in
Section 68085.
(2) An attorney whose application to appear as counsel pro hac
vice has been granted shall pay to the superior court, on or before
the anniversary of the date the application was granted, an annual
renewal fee of five hundred dollars ($500) for each year that the
attorney maintains pro hac vice status in the case in which the
application was granted. The entire fee collected under this
paragraph shall be transmitted to the state for deposit into the
Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), (d), and (e) apply separately to each motion
or other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
(g) This section shall become inoperative on July 1,
2015, July 1, 2018, and, as of January
1, 2016, January 1, 2019, is repealed, unless a
later enacted statute, that becomes operative on or before
January 1, 2016, January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 9. Section 70617 of the Government
Code , as amended by Section 44 of Chapter 41 of the
Statutes of 2012, is amended to read:
70617. (a) Except as provided in subdivisions (d) and (e), the
uniform fee for filing a motion, application, or any other paper
requiring a hearing subsequent to the first paper, is forty dollars
($40). Papers for which this fee shall be charged include the
following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special
proceeding.
(6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
(b) There
shall be no fee under subdivision (a) or (c) for filing any of the
following:
(1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of
a minor.
(10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
(13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary
adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to
appear as counsel pro hac vice is five hundred dollars ($500). This
fee is in addition to any other fee required of the applicant. Two
hundred fifty dollars ($250) of the fee collected under this
paragraph shall be transmitted to the state for deposit into the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5. The remaining two
hundred fifty dollars ($250) of the fee shall be transmitted to the
state for deposit into the Trial Court Trust Fund, established in
Section 68085.
(2) An attorney whose application to appear as counsel pro hac
vice has been granted shall pay to the superior court, on or before
the anniversary of the date the application was granted, an annual
renewal fee of five hundred dollars ($500) for each year that the
attorney maintains pro hac vice status in the case in which the
application was granted. The entire fee collected under this
paragraph shall be transmitted to the state for deposit into the
Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), (d), and (e) apply separately to each motion
or other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
(g) This section shall become operative on July 1, 2015.
July 1, 2018.
SEC. 10. Section 70657 of the
Government Code , as amended by Section 47 of Chapter 41
of the Statutes of 2012, is amended to read:
70657. (a) Except as provided in subdivision (c), the uniform fee
for filing a motion or other paper requiring a hearing subsequent to
the first paper in a proceeding under the Probate Code, other than a
petition or application or opposition described in Sections 70657.5
and 70658, is sixty dollars ($60). This fee shall be charged for the
following papers:
(1) Papers listed in subdivision (a) of Section 70617.
(2) Applications for ex parte relief, whether or not notice of the
application to any person is required, except an ex parte petition
for discharge of a personal representative, conservator, or guardian
upon completion of a court-ordered distribution or transfer, for
which no fee shall be charged.
(3) Petitions or applications, or objections, filed subsequent to
issuance of temporary letters of conservatorship or guardianship or
letters of conservatorship or guardianship that are not subject to
the filing fee provided in subdivision (a) of Section 70658.
(4) The first or subsequent petition for temporary letters of
conservatorship or guardianship.
(b) There shall be no fee under subdivision (a) for filing any of
the papers listed under subdivision (b) of Section 70617.
(c) The summary judgment fee provided in subdivision (d) of
Section 70617 shall apply to summary judgment motions in proceedings
under the Probate Code.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a) and (c) apply separately to each motion or other
paper filed. The Judicial Council may publish rules to give uniform
guidance to courts in applying fees under this section.
(e) No fee is payable under this section for a petition or
opposition filed subsequent to issuance of letters of temporary
guardianship or letters of guardianship in a guardianship described
in Section 70654.
(f) This section shall become inoperative on July 1,
2015, July 1, 2018, and, as of January
1, 2016, January 1, 2019, is repealed, unless a
later enacted statute, that becomes operative on or before
January 1, 2016, January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 11. Section 70657 of the
Government Code , as added by Section 48 of Chapter 41 of
the Statutes of 2012, is amended to read:
70657. (a) Except as provided in subdivision (c), the uniform fee
for filing a motion or other paper requiring a hearing subsequent to
the first paper in a proceeding under the Probate Code, other than a
petition or application or opposition described in Sections 70657.5
and 70658, is forty dollars ($40). This fee shall be charged for the
following papers:
(1) Papers listed in subdivision (a) of Section 70617.
(2) Applications for ex parte relief, whether or not notice of the
application to any person is required, except an ex parte petition
for discharge of a personal representative, conservator, or guardian
upon completion of a court-ordered distribution or transfer, for
which no fee shall be charged.
(3) Petitions or applications, or objections, filed subsequent to
issuance of temporary letters of conservatorship or guardianship or
letters of conservatorship or guardianship that are not subject to
the filing fee provided in subdivision (a) of Section 70658.
(4) The first or subsequent petition for temporary letters of
conservatorship or guardianship.
(b) There shall be no fee under subdivision (a) for filing any of
the papers listed under subdivision (b) of Section 70617.
(c) The summary judgment fee provided in subdivision (d) of
Section 70617 shall apply to summary judgment motions in proceedings
under the Probate Code.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a) and (c) apply separately to each motion or other
paper filed. The Judicial Council may publish rules to give uniform
guidance to courts in applying fees under this section.
(e) No fee is payable under this section for a petition or
opposition filed subsequent to issuance of letters of temporary
guardianship or letters of guardianship in a guardianship described
in Section 70654.
(f) This section shall become operative on July 1, 2015.
July 1, 2018.
SEC. 12. Section 70677 of the
Government Code , as amended by Section 49 of Chapter 41
of the Statutes of 2012, is amended to read:
70677. (a) The uniform fee for filing any motion, application,
order to show cause, or any other paper requiring a hearing
subsequent to the first paper is sixty dollars ($60). Papers for
which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary
prejudgment or postjudgment orders, including, but not limited to,
orders to establish, modify, or enforce child, spousal, or partner
support, custody and visitation of children, division and control of
property, attorney's fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section
for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer
that is the first paper filed in an action and on which a first
paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 4951 of
the Family Code.
(4) An application to determine the judgment after entry of
default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review,
mandate, or prohibition that is the first paper filed in an action
and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring
a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a
hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required
under paragraph (1) of subdivision (a) and under subdivision (c)
apply separately to each motion or other paper filed. If an order to
show cause or notice of motion is filed as specified in paragraph (2)
of subdivision (a) combining requests for relief or opposition to
relief on more than one issue, only one filing fee shall be charged
under this section. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
(e) This section shall become inoperative on July 1,
2015, July 1, 2018, and, as of January
1, 2016, January 1, 2019, is repealed, unless a
later enacted statute, that becomes operative on or before
January 1, 2016, January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 13. Section 70677 of the
Government Code , as added by Section 50 of Chapter 41 of
the Statutes of 2012, is amended to read:
70677. (a) The uniform fee for filing any motion, application,
order to show cause, or any other paper requiring a hearing
subsequent to the first paper is forty dollars ($40). Papers for
which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary
prejudgment or postjudgment orders, including, but not limited to,
orders to establish, modify, or enforce child, spousal, or partner
support, custody and visitation of children, division and control of
property, attorney's fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section
for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer
that is the first paper filed in an action and on which a first
paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 4951 of
the Family Code.
(4) An application to determine the judgment after entry of
default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review,
mandate, or prohibition that is the first paper filed in an action
and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring
a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a
hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required
under paragraph (1) of subdivision (a) and under subdivision (c)
apply separately to each motion or other paper filed. If an order to
show cause or notice of motion is filed as specified in paragraph (2)
of subdivision (a) combining requests for relief or opposition to
relief on more than one issue, only one filing fee shall be charged
under this section. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
(e) This section shall become operative on July 1, 2015.
July 1, 2018.
SEC. 14. Section 1230 of the Penal Code
is amended to read:
1230. (a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentives Fund
(CCPIF), to receive all amounts allocated to that county for purposes
of implementing this chapter.
(b) Notwithstanding any other law, in any fiscal year for which a
county receives moneys to be expended for the implementation of this
chapter, the moneys, including any interest, shall be made available
to the CPO of that county, within 30 days of the deposit of those
moneys into the fund, for the implementation of the community
corrections program authorized by this chapter.
(1) The community corrections program shall be developed and
implemented by probation and advised by a local Community Corrections
Partnership.
(2) The local Community Corrections Partnership shall be chaired
by the CPO and comprised of the following membership:
(A) The presiding judge of the superior court, or his or her
designee.
(B) A county supervisor or the chief administrative officer for
the county or a designee of the board of supervisors.
(C) The district attorney.
(D) The public defender.
(E) The sheriff.
(F) A chief of police.
(G) The head of the county department of social services.
(H) The head of the county department of mental health.
(I) The head of the county department of employment.
(J) The head of the county alcohol and substance abuse programs.
(K) The head of the county office of education.
(L) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.
(M) An individual who represents the interests of victims.
(3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to local supervision, and shall be spent on
evidence-based community corrections practices and programs, as
defined in subdivision (d) of Section 1229, which may include, but
are not limited to, the following:
(A) Implementing and expanding evidence-based risk and needs
assessments.
(B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative justice
programs, work furlough programs, and incarceration in county jail
for up to 90 days.
(C) Providing more intensive local supervision.
(D) Expanding the availability of evidence-based rehabilitation
programs including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
(4) Notwithstanding any other law, the CPO shall have discretion
to spend funds on any of the above practices and programs consistent
with this act but, at a minimum, shall devote at least 5 percent of
all funding received to evaluate the effectiveness of those programs
and practices implemented with the funds provided pursuant to this
chapter. A CPO may petition the Administrative Office of the
Courts Judicial Council to have this
restriction waived, and the Administrative Office of the
Courts Judicial Council shall have the authority
to grant such a petition, if the CPO can demonstrate that the
department is already devoting sufficient funds to the evaluation of
these programs and practices.
(5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
SEC. 15. Section 1231 of the Penal Code
is amended to read:
1231. (a) Community corrections programs funded pursuant to this
act chapter shall identify and track
specific outcome-based measures consistent with the goals of this
act.
(b) The Administrative Office of the Courts,
Judicial Council, in consultation with the Chief Probation
Officers of California, shall specify and define minimum required
outcome-based measures, which shall include, but not be limited to,
all of the following:
(1) The percentage of persons subject to local supervision who are
being supervised in accordance with evidence-based practices.
(2) The percentage of state moneys expended for programs that are
evidence based, and a descriptive list of all programs that are
evidence based.
(3) Specification of supervision policies, procedures, programs,
and practices that were eliminated.
(4) The percentage of persons subject to local supervision who
successfully complete the period of supervision.
(c) Each CPO receiving funding pursuant to Sections 1233 to
1233.6, inclusive, shall provide an annual written report to the
Administrative Office of the Courts Judicial
Council, evaluating the effectiveness of the community
corrections program, including, but not limited to, the data
described in subdivision (b).
(d) The Administrative Office of the Courts
Judicial Council, shall, in consultation with the CPO of
each county and the Department of Corrections and Rehabilitation,
provide a quarterly statistical report to the Department of Finance
including, but not limited to, the following statistical information
for each county:
(1) The number of felony filings.
(2) The number of felony convictions.
(3) The number of felony convictions in which the defendant was
sentenced to the state prison.
(4) The number of felony convictions in which the defendant was
granted probation.
(5) The adult felon probation population.
(6) The number of felons adult felony
probationers who had their probation terminated and
revoked and were sent to state prison for that revocation.
(7) The number of adult felony probationers sent to state prison
for a conviction of a new felony offense, including when probation
was revoked or terminated.
(8) The number of felons adult felony
probationers who had their probation revoked and were sent to
county jail for that revocation.
(9) The number of adult felony probationers sent to county jail
for a conviction of a new felony offense, including when probation
was revoked or terminated.
(10) The number of felons placed on postrelease community
supervision, commencing January 1, 2012.
(11) The number of felons placed on mandatory supervision,
commencing January 1, 2012.
(12) The mandatory supervision population, commencing January 1,
2012.
(13) The postrelease community supervision population, commencing
January 1, 2012.
(14) The number of felons on postrelease community supervision
sentenced to state prison for a conviction of a new felony offense,
commencing January 1, 2012.
(15) The number of felons on mandatory supervision sentenced to
state prison for a conviction of a new felony offense, commencing
January 1, 2012.
(16) The number of felons who had their postrelease community
supervision revoked and were sent to county jail for that revocation,
commencing January 1, 2012. This number shall not include
felons on postrelease community supervision who are subject to flash
incarceration pursuant to Section 3453.
(17) The number of felons on postrelease community supervision
sentenced to county jail for a conviction of a new felony offense,
including when postrelease community supervision was revoked or
terminated, commencing January 1, 2012.
(18) The number of felons who had their mandatory supervision
revoked and were sentenced to county jail for that revocation,
commencing January 1, 2012.
(19) The number of felons on mandatory supervision sentenced to
county jail for a conviction of a new felony offense, including when
mandatory supervision was revoked or terminated, commencing January
1, 2012.
SEC. 16. Section 1232 of the Penal Code
is amended to read:
1232. Commencing no later than 18 months following the initial
receipt of funding pursuant to this act
chapter and annually thereafter, the Administrative
Office of the Courts, Judicial Council, in
consultation with the Department of Corrections and Rehabilitation,
the Department of Finance, and the Chief Probation Officers of
California, shall submit to the Governor and the Legislature a
comprehensive report on the implementation of this act.
chapter. The report shall include, but not be
limited to, all of the following information:
(a) The effectiveness of the community corrections program based
on the reports of performance-based outcome measures required in
Section 1231.
(b) The percentage of offenders subject to local supervision whose
supervision was revoked and who were sent to prison or jail
for the year on which the report is being made.
(c) The percentage of offenders subject to local supervision who
were convicted of crimes during their term of supervision for the
year on which the report is being made.
(d) The impact of the moneys appropriated pursuant to this
act chapter to enhance public safety by
reducing the percentage and number of offenders subject to local
supervision whose supervision was revoked for the year being reported
on for violations or new convictions, and to reduce the number of
offenders subject to local supervision who are sentenced to prison
or jail for a new conviction for the year on which
the report is being made.
(e) Any recommendations regarding resource allocations or
additional collaboration with other state, regional, federal, or
local entities for improvements to this act.
chapter.
SEC. 17. Section 1233 of the Penal Code
is repealed.
1233. (a) The Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall, for each county,
calculate a baseline probation failure rate that equals the weighted
average number of adult felony probationers sent to state prison
during calendar years 2006 to 2008, inclusive, as a percentage of the
weighted average adult felony probation population during the same
period.
(b) For purposes of calculating the baseline probation failure
rate, the number of adult felony probationers sent to prison shall
include those adult felony probationers sent to state prison for a
revocation of probation, as well as adult felony probationers sent to
state prison for a conviction of a new felony offense. The
calculation shall also include adult felony probationers sent to
prison for conviction of a new crime who simultaneously have their
probation term terminated.
SEC. 18. Section 1233.1 of the Penal
Code is amended to read:
1233.1. After the conclusion of each calendar year, the Director
of Finance, in consultation with the Department of Corrections and
Rehabilitation, the Joint Legislative Budget Committee, the Chief
Probation Officers of California, and the Administrative
Office of the Courts, Judicial Council, shall
calculate the following for that calendar year:
(a) The cost to the state to incarcerate in a contract facility
and supervise on parole an offender who fails local supervision and
is sent to prison. This calculation shall take into
consideration factors, including, but not limited to, the average
length of stay in prison for offenders subject to local supervision
and the average length of parole for offenders who failed local
supervision and were sent to prison.
(b) Beginning with the 2013 calendar year, the
The statewide probation failure rate shall be calculated
as the total number of adult felony probationers statewide sent to
prison, or to jail pursuant to paragraph (5) of subdivision
(h) of Section 1170, state prison as a
percentage of the average statewide adult felony probation population
for that year.
(c) Beginning with the 2013 calendar year, the
The probation failure rate for each county shall be
calculated as the total number of adult felony probationers sent to
prison, or to jail pursuant to paragraph (5) of subdivision
(h) of Section 1170, state prison from that
county, as a percentage of the county's average adult felony
probation population for that year.
(d) An estimate of the number of adult felony probationers each
county successfully prevented from being incarcerated.
incarcerated in state prison. For each county,
this estimate shall be calculated based on the reduction in the
county's probation failure rate as calculated annually pursuant to
subdivision (c) and the county's baseline probation failure
rate as calculated pursuant to Section 1233. In making this estimate,
the Director of Finance, in consultation with the Department of
Corrections and Rehabilitation, the Joint Legislative Budget
Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall adjust the calculations to
account for changes in each county's adult felony probation caseload
in the most recent
completed calendar year as compared to the county's adult felony
probation population during the 2006 to 2008, inclusive, calendar
period. (c) for that year and the county's probation
failure rate from the previous year.
(e) Beginning with the 2013 calendar year, in
In calculating probation failure to prison
rates for the state and individual counties, the number of adult
felony probationers sent to prison, or to jail pursuant to
paragraph (5) of subdivision (h) of Section 1170,
state prison shall include those adult felony probationers sent
to prison, or to jail pursuant to paragraph (5) of
subdivision (h) of Section 1170, state prison
for a revocation of probation, as well as adult felony probationers
sent to prison, or to jail pursuant to paragraph (5) of
subdivision (h) of Section 1170, state prison
for a conviction of a new felony offense. The calculation shall also
include adult felony probationers who are sent to prison, or
to jail pursuant to paragraph (5) of subdivision (h) of Section
1170, state prison for a conviction of a new
crime and who simultaneously have their probation terms terminated.
(f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall be
calculated as the total number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170, statewide, sent to prison in the
previous calendar year as a percentage of the average statewide
mandatory supervision population for that year.
(g) A mandatory supervision failure to prison rate for each
county. Each county's mandatory supervision failure to prison rate
shall be calculated as the number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170 sent to prison from that county in
the previous calendar year as a percentage of the county's average
mandatory supervision population for that year.
(h) An estimate of the number of felons on mandatory supervision
each county successfully prevented from being incarcerated in state
prison. For each county, this estimate shall be calculated based on
the reduction in the county's mandatory supervision failure to prison
rate as calculated annually pursuant to subdivision (g) for that
year and the county's mandatory supervision failure to prison rate
from the previous year.
(h)
(i) The statewide postrelease community supervision
failure to prison rate. The statewide postrelease community
supervision failure to prison rate shall be calculated as the total
number of offenders supervised under postrelease community
supervision pursuant to Title 2.05 (commencing with Section 3450) of
Part 3, statewide, sent to prison in the previous calendar year as a
percentage of the average statewide postrelease community supervision
population for that year.
(i)
(j) A postrelease community supervision failure to
prison rate for each county. Each county's postrelease community
supervision failure to prison rate shall be calculated as the number
of offenders supervised under postrelease community supervision
pursuant to Title 2.05 (commencing with Section 3450) of Part 3 sent
to prison from that county in the previous calendar year as a
percentage of the county's average postrelease community supervision
population for that year.
(j) This section shall become operative on July 1, 2014.
(k) An estimate of the number of felons on postrelease community
supervision each county successfully prevented from being
incarcerated in state prison. For each county, this estimate shall be
calculated based on the reduction in the county's postrelease
community supervision failure to prison rate as calculated annually
pursuant to subdivision (i) for that year and the county's
postrelease community supervision failure to prison rate from the
previous year.
(l) The statewide return to prison rate. The statewide return to
prison rate shall be calculated as the total number of offenders
supervised by probation departments as felony probationers, or
subject to mandatory supervision pursuant to subdivision (h) of
Section 1170, or subject to postrelease community supervision, who
were sent to prison, as a percentage of the average statewide adult
felony probation, mandatory supervision, and postrelease community
supervision population.
(m) The county return to prison rate. The combined individual
county return to prison rate shall be calculated as the total number
of offenders supervised by a county probation department as felony
probationers, or subject to mandatory supervision pursuant to
subdivision (h) of Section 1170, or subject to postrelease community
supervision, who were sent to prison, as a percentage of the average
adult felony probation, mandatory supervision, and postrelease
community supervision population for that county.
SEC. 19. Section 1233.15 of the Penal
Code is repealed.
1233.15. The Director of Finance, in consultation with the
Administrative Office of the Courts, the Department of Corrections
and Rehabilitation, and the Chief Probation Officers of California,
shall develop a revised formula for the California Community
Corrections Performance Incentives Act of 2009 that takes into
consideration the significant changes to the eligibility of some
felony probationers for revocation to the state prison resulting from
the implementation of the 2011 Public Safety realignment, and may
also take into consideration the data calculated pursuant to
subdivisions (f) to (i), inclusive, of Section 1233.1. The revised
formula may include adjustments to the baseline failure rate for each
county. It is the intent of the Legislature that, commencing with
the 2015-16 fiscal year, probation departments receive performance
incentive funding pursuant to, and consistent with, this chapter for
their success at reducing postrelease community supervision failure
to prison rates and mandatory supervision failure to prison rates.
SEC. 20. Section 1233.2 of the Penal
Code is repealed.
1233.2. Annually, after the conclusion of each calendar year, the
Director of Finance, in consultation with the Department of
Corrections and Rehabilitation, the Joint Legislative Budget
Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall identify the appropriate
Probation Revocation Tier for each county for which it was estimated
that the county successfully prevented any number of adult felony
probationers from being incarcerated, as provided in subdivision (d)
of Section 1233.1. The tiers shall be defined as follows:
(a) Tier 1. A Tier 1 county is one that has a probation failure
rate, as defined in subdivision (c) of Section 1233.1, no more than
25 percent higher than the statewide probation failure rate, as
defined in subdivision (b) of Section 1233.1.
(b) Tier 2. A Tier 2 county is one that has a probation failure
rate, as defined in subdivision (c) of Section 1233.1, more than 25
percent above the statewide probation failure rate, as defined in
subdivision (b) of Section 1233.1, but less than or equal to the
2006-08 established baseline rate of 7.88 percent.
(c) Tier 3. A Tier 3 county is one that has a probation failure
rate higher than the 2006-08 established baseline rate of 7.88
percent.
SEC. 21. Section 1233.3 of the Penal
Code is amended to read:
1233.3. Annually, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts,
Judicial Council, shall calculate a
probation failure reduction statewide performance
incentive payment for each eligible county, pursuant
to Section 1233.2, county for the most recently
completed calendar year, as follows:
(a) For a county identified as being in Tier 1, as
defined in subdivision (a) of Section 1233.2, its probation failure
reduction incentive payment shall equal the estimated number of
probationers successfully prevented from being incarcerated, as
defined by subdivision (d) of Section 1233.1, multiplied by 45
percent of the state's cost of housing an inmate in a contract
facility, and to supervise on parole a probationer who was sent to
prison, as defined in subdivision (a) of Section 1233.1.
having a return to prison rate less than 1.5 percent, the
incentive payment shall be equal to 100 percent of the highest year
of funding that a county received for the California Community
Incentive Grant Program from the 2011 -12 fiscal year to the
2014-15 fiscal year, inclusive.
(b) For a county identified as being in Tier 2, as
defined in subdivision (b) of Section 1233.2, its probation failure
reduction incentive payment shall equal the estimated number of
probationers successfully prevented from being incarcerated, as
defined by subdivision (d) of Section 1233.1, multiplied by 40
percent of the state's cost of housing an inmate in a contract
facility, and to supervise on parole a probationer who was sent to
prison, as defined in subdivision (a) of Section 1233.1.
having a return to prison rate of 1.5 percent or greater, but
not exceeding 3.2 percent, the incentive payment shall be equal to 70
percent of the highest year of funding that a county received for
the California Community Incentive Grant Program from the 2011-12
fiscal year to the 2014-15 fiscal year, inclusive.
(c) For a county identified as being in Tier 3, as
defined in subdivision (c) of Section 1233.2, its probation failure
reduction incentive payment shall equal the estimated number of
probationers successfully prevented from being incarcerated, as
defined by subdivision (d) of Section 1233.1, multiplied by 30
percent of the state's cost of housing an inmate in a contract
facility, and to supervise on parole a probationer who was sent to
prison, as defined in subdivision (a) of Section 1233.1.
having a return to prison rate of more than 3.2 percent, not
exceeding 5.5 percent, the incentive payment shall be equal to 60
percent of the highest year of funding that a county received for the
California Community Incentive Grant Program from the 2011 -12
fiscal year to the 2014-15 fiscal year, inclusive.
(d) For a county identified as having a return to prison rate of
more than 5.5 percent, not exceeding 6.1 percent, the incentive
payment shall be equal to 50 percent of the highest year of funding
that a county received for the California Community Incentive Grant
Program from the 2011-12 fiscal year to the 2014-15 fiscal year,
inclusive.
(e) For a county identified as having a return to prison rate of
more than 6.1 percent, not exceeding 7.9 percent, the incentive
payment shall be equal to 40 percent of the highest year of funding
that a county received for the California Community Incentive Grant
Program from the 2011-12 fiscal year to the 2014-15 fiscal year,
inclusive.
(d)
(f) A county that fails to provide information
specified in Section 1231 to the Administrative Office of the Courts
is not eligible for a probation failure reduction incentive
payment. statewide performance incentive payment.
(e) This section shall become operative on July 1, 2014.
SEC. 22. Section 1233.4 of the Penal
Code is repealed.
1233.4. (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding as provided for in this
section.
(b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent of the total statewide estimated number of
probationers successfully prevented from being incarcerated for
counties that successfully reduce the number of adult felony
probationers incarcerated multiplied by the state's cost of housing
an inmate in a contract facility, and to supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
(c) The amount estimated pursuant to subdivision (b) shall be used
to provide high performance grants to county probation departments
for the purpose of bolstering evidence-based probation practices
designed to reduce recidivism among adult felony probationers.
(d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
(e) A county probation department that qualifies for a probation
failure reduction incentive payment, as provided in Section 1233.3,
and a high performance grant payment in the same year shall choose to
receive either the probation failure incentive payment or the high
performance grant payment. The Chief Probation Officer of a county
that qualifies for both a high performance grant and a probation
failure reduction incentive payment shall indicate to the
Administrative Office of the Courts, by a date designated by the
Administrative Office of the Courts, whether the Chief Probation
Officer chooses to receive the high performance grant or probation
failure reduction payment.
(f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults 18 to 25 years of age, inclusive, in each of the
counties qualifying for the grants.
(g) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts is not
eligible for a high performance grant payment.
(h) This section shall become operative on July 1, 2014.
SEC. 23. Section 1233.4 is added to the
Penal Code , to read:
1233.4. The Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, the Chief Probation Officers of California, and the
Judicial Council, shall, for the most recently completed calendar
year, annually calculate a county performance incentive payment for
each eligible county. A county shall be eligible for compensation for
each of the following:
(a) The estimated number of felons on probation that were
successfully prevented from being incarcerated in the state prison as
calculated in subdivision (d) of Section 1233.1, multiplied by 35
percent of the state's costs to incarcerate a prison felony offender
in a contract facility, as defined in subdivision (a) of Section
1233.1.
(b) The estimated number of felons on mandatory supervision that
were successfully prevented from being incarcerated in the state
prison as calculated in subdivision (h) of Section 1233.1, multiplied
by 35 percent of the state's costs to incarcerate a prison felony
offender in a contract facility, as defined in subdivision (a) of
Section 1233.1.
(c) The estimated number of felons on postrelease community
supervision that were successfully prevented from being incarcerated
in the state prison as calculated in subdivision (k) of Section
1233.1, multiplied by 35 percent of the state's costs to incarcerate
a prison felony offender in a contract facility, as defined in
subdivision (a) of Section 1233.1.
SEC. 24. Section 1233.5 of the Penal
Code is amended to read:
1233.5. If data of sufficient quality and of the types required
for the implementation of this act chapter
are not available to the Director of Finance, then
the Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, and the Administrative Office of the
Courts, Judicial Council, shall use the best
available data to estimate probation failure reduction
incentive payments and high performance grants the
statewide performance incentive payments and county performance
incentive payments utilizing a methodology that is as
consistent with that described in this act
chapter as is reasonably possible.
SEC. 25. Section 1233.6 of the Penal
Code is amended to read:
1233.6. (a) Probation failure reduction incentive
payments and high performance grants calculated A
statewide performance incentive payment calculated pursuant to
Section 1233.3 and a county performance incentive payment calculated
pursuant to Section 1233.4 for any calendar year shall be
provided to counties a county in the
following fiscal year. The total annual payment to each
a county shall be divided into four equal
quarterly payments.
(b) The Department of Finance shall include an estimate of the
total probation failure reduction statewide
performance incentive payments and high performance
grants county performance incentive payments to
be provided to counties in the coming fiscal year as part of the
Governor's proposed budget released no later than January 10 of each
year. This estimate shall be adjusted by the Department of Finance,
as necessary, to reflect the actual calculations of probation failure
reduction incentive payments and high performance grants completed
by the Director of Finance, in consultation with the Department of
Corrections and Rehabilitation, the Joint Legislative Budget
Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts. Judicial
Council. This adjustment shall occur as part of standard
budget revision processes completed by the Department of Finance in
April and May of each year.
(c) There is hereby established, in the State Treasury, the State
Community Corrections Performance Incentives Fund, which is
continuously appropriated. Moneys appropriated for purposes of
providing probation failure reduction
statewide performance incentive payments and high
performance grants county performance incentive
payments authorized in Sections 1230 to 1233.6, inclusive,
shall be transferred into this fund from the General Fund. Any moneys
transferred into this fund from the General Fund shall be
administered by the Administrative Office of the Courts
Judicial Council and the share calculated for
each county probation department shall be transferred to its
Community Corrections Performance Incentives Fund authorized in
Section 1230.
(d) For each fiscal year, the Director of Finance shall determine
the total amount of the State Community Corrections Performance
Incentives Fund and the amount to be allocated to each county,
pursuant to this section and Sections 1230 to 1233.5, inclusive, and
shall report those amounts to the Controller. The Controller shall
make an allocation from the State Community Corrections Performance
Incentives Fund authorized in subdivision (c) to each county in
accordance with the amounts provided.
(e) Notwithstanding Section 13340 of the Government Code,
commencing July 1, 2014, and each fiscal year thereafter, the amount
of one million dollars ($1,000,000) is hereby continuously
appropriated from the State Community Corrections Performance
Incentives Fund to the Administrative Office of the Courts
Judicial Council for the costs of implementing
and administering this program, pursuant to subdivision (c), and the
2011 realignment legislation addressing public safety.
SEC. 26. Section 1233.61 of the Penal
Code is amended to read:
1233.61. Notwithstanding any other law, any moneys
remaining in the State Community Corrections Performance Incentives
Fund, after the calculation and award determination of each county's
tier payments or high performance grant payments pursuant to Sections
1233.3 and 1233.4, shall be distributed to county probation
departments as follows:
(a) The Department of Finance shall increase to no more than
two hundred thousand dollars ($200,000) the award amount for
any county whose tier payment or high performance grant
payment, statewide performance incentive payment and
county performance incentive payment, as calculated pursuant to
Sections 1233.3 and 1233.4, totals less than two hundred thousand
dollars ($200,000) to no more than two hundred thousand
dollars ($200,000). ($200,000).
(b) The Department of Finance shall adjust the award amount for
any county that has a probation failure rate, as defined in
subdivision (c) of Section 1233.1, that is below the statewide
average, as defined in subdivision (b) of Section 1233.1, so that
these counties receive no less than two hundred thousand dollars
($200,000).
(c)
(b) The Department of Finance shall evenly
distribute any remaining funds, adjust the award
amount up to two hundred thousand dollars ($200,000) per
county, to those counties that did not receive a tier
payment or a high performance grant payment, statewide
performance incentive payment and county performance incentive
payment, as calculated pursuant to Sections 1233.3 and 1233.4.
(d) The distribution of any funds remaining after the distribution
made pursuant to subdivision (c) shall be determined by the
Department of Finance. The distribution may give preference to high
performing counties that did not receive funding pursuant to Section
1233.4.
(e) At no time shall an award provided to a county through
subdivision (c) exceed the amount of a grant award provided to
counties that are eligible to receive increased award amounts
pursuant to subdivision (a) or (b).
(f)
(c) Any county receiving funding through subdivision
(c) (b) shall submit a report to the
Administrative Office of the Courts Judicial
Council and the Chief Probation Officers of California
describing how it plans on using the funds to enhance its ability to
be successful under this act. chapter.
Commencing January 1, 2014, a county that fails to submit this report
by March 1 annually shall not receive funding pursuant to
subdivision (c) (b) in the subsequent
fiscal year.
(g)
(d) A county that fails to provide the information
specified in Section 1231 to the Administrative Office of
the Courts Judicial Council shall not be
eligible for payment pursuant to this section.
SEC. 27. Section 1233.9 of the Penal
Code is amended to read:
1233.9. (a) There is hereby created in the
State Treasury the Recidivism Reduction Fund for moneys to be
available upon appropriation by the Legislature, for activities
designed to reduce the state's prison population, including, but not
limited to, reducing recidivism. Funds available in the Recidivism
Reduction Fund may be transferred to the State Community Corrections
Performance Incentives Fund.
(b) Any funds in the Recidivism Reduction Fund not encumbered by
June 30, 2016, shall revert to the General Fund upon order of the
Department of Finance.
(c) The Recidivism Reduction Fund shall be abolished once all
funds encumbered in the Recidivism Reduction Fund are liquidated.
SEC. 28. Section 1233.10 of the Penal
Code is amended to read:
1233.10. (a) Upon agreement to accept funding from the Recidivism
Reduction Fund, created in Section 1233.9, a county board of
supervisors, in collaboration with the county's Community Corrections
Partnership, shall develop, administer, and collect and submit data
to the Board of State and Community Corrections regarding a
competitive grant program intended to fund community recidivism and
crime reduction services, including, but not limited to, delinquency
prevention, homelessness prevention, and reentry services.
The
(1) Commencing with the
2014-15 fiscal year, the funding shall be allocated to counties
by the State Controller's Office from Item 5227-101-3259 of Section
2.00 of the Budget Act of 2014-15 2014
according to the following schedule:
Alameda $ 250,000
Alpine $ 10,000
Amador $ 10,000
Butte $ 50,000
Calaveras $ 10,000
Colusa $ 10,000
Contra Costa $ 250,000
Del Norte $ 10,000
El Dorado $ 50,000
Fresno $ 250,000
Glenn $ 10,000
Humboldt $ 50,000
Imperial $ 50,000
Inyo $ 10,000
Kern $ 250,000
Kings $ 50,000
Lake $ 25,000
Lassen $ 10,000
Los Angeles $1,600,000
Madera $ 50,000
Marin $ 50,000
Mariposa $ 10,000
Mendocino $ 25,000
Merced $ 50,000
Modoc $ 10,000
Mono $ 10,000
Monterey $ 100,000
Napa $ 50,000
Nevada $ 25,000
Orange $ 500,000
Placer $ 50,000
Plumas $ 10,000
Riverside $ 500,000
Sacramento $ 250,000
San Benito $ 25,000
San Bernardino $ 500,000
San Diego $ 500,000
San Francisco $ 250,000
San Joaquin $ 250,000
San Luis Obispo $ 50,000
San Mateo $ 250,000
Santa Barbara $ 100,000
Santa Clara $ 500,000
Santa Cruz $ 50,000
Shasta $ 50,000
Sierra $ 10,000
Siskiyou $ 10,000
Solano $ 100,000
Sonoma $ 100,000
Stanislaus $ 100,000
Sutter $ 25,000
Tehama $ 25,000
Trinity $ 10,000
Tulare $ 100,000
Tuolumne $ 25,000
Ventura $ 250,000
Yolo $ 50,000
Yuba $ 25,000
(2) Commencing with the 2015-16 fiscal year, the funding shall be
allocated to counties by the State Controller's Office from Item
5227-101-3259 of Section 2.00 of the Budget Act of 2015 according to
the following schedule:
Alameda $ 125,000
Alpine $ 5,000
Amador $ 5,000
Butte $ 25,000
Calaveras $ 5,000
Colusa $ 5,000
Contra Costa $ 125,000
Del Norte $ 5,000
El Dorado $ 25,000
Fresno $ 125,000
Glenn $ 5,000
Humboldt $ 25,000
Imperial $ 25,000
Inyo $ 5,000
Kern $ 125,000
Kings $ 25,000
Lake $ 12,500
Lassen $ 5,000
Los Angeles $ 800,000
Madera $ 25,000
Marin $ 25,000
Mariposa $ 5,000
Mendocino $ 12,500
Merced $ 25,000
Modoc $ 5,000
Mono $ 5,000
Monterey $ 50,000
Napa $ 25,000
Nevada $ 12,500
Orange $ 250,000
Placer $ 25,000
Plumas $ 5,000
Riverside $ 250,000
Sacramento $ 125,000
San Benito $ 12,500
San Bernardino $ 250,000
San Diego $ 250,000
San Francisco $ 125,000
San Joaquin $ 125,000
San Luis Obispo $ 25,000
San Mateo $ 125,000
Santa Barbara $ 50,000
Santa Clara $ 250,000
Santa Cruz $ 25,000
Shasta $ 25,000
Sierra $ 5,000
Siskiyou $ 5,000
Solano $ 50,000
Sonoma $ 50,000
Stanislaus $ 50,000
Sutter $ 12,500
Tehama $ 12,500
Trinity $ 5,000
Tulare $ 50,000
Tuolumne $ 12,500
Ventura $ 125,000
Yolo $ 25,000
Yuba $ 12,500
(b) For purposes of this section, "community recidivism and crime
reduction service provider" means a nongovernmental entity or a
consortium or coalition of nongovernmental entities, that provides
community recidivism and crime reduction services, as described in
paragraph (2) of subdivision (c), to persons who have been released
from the state prison, a county jail, a juvenile detention facility,
who are under the supervision of a parole or probation department, or
any other person at risk of becoming involved in criminal
activities.
(c) (1) A community recidivism and crime reduction service
provider shall have a demonstrated history of providing services, as
described in paragraph (2), to the target population during the five
years immediately prior to the application for a grant awarded
pursuant to this section.
(2) A community recidivism and crime reduction service provider
shall provide services that are designed to enable persons to whom
the services are provided to refrain from engaging in crime,
reconnect with their family members, and contribute to their
communities. Community recidivism and crime reduction services may
include all of the following:
(A) Self-help groups.
(B) Individual or group assistance with basic life skills.
(C) Mentoring programs.
(D) Academic and educational services, including, but not limited
to, services to enable the recipient to earn his or her high school
diploma.
(E) Job training skills and employment.
(F) Truancy prevention programs.
(G) Literacy programs.
(H) Any other service that advances community recidivism and crime
reduction efforts, as identified by the county board of supervisors
and the Community Corrections Partnership.
(I) Individual or group assistance with referrals for any of the
following:
(i) Mental and physical health assessments.
(ii) Counseling services.
(iii) Education and vocational programs.
(iv) Employment opportunities.
(v) Alcohol and drug treatment.
(vi) Health, wellness, fitness, and nutrition programs and
services.
(vii) Personal finance and consumer skills programs and services.
(viii) Other personal growth and development programs to reduce
recidivism.
(ix) Housing assistance.
(d) Pursuant to this section and upon agreement to accept funding
from the Recidivism Reduction Fund, the board of supervisors, in
collaboration with the county's Community Corrections Partnership,
shall grant funds allocated to the county, as described in
subdivision (a), to community recidivism and crime reduction service
providers based on the needs of their community.
(e) (1) The amount awarded to each community recidivism and crime
reduction service provider by a county shall be based on the
population of the county, as projected by the Department of Finance,
and shall not exceed the following:
(A) One hundred thousand dollars ($100,000) in a county with a
population of over 4,000,000 people.
(B) Fifty thousand dollars ($50,000) in a county with a population
of 700,000 or more people but less than 4,000,000 people.
(C) Twenty five thousand dollars ($25,000) in a county with a
population of 400,000 or more people but less than 700,000 people.
(D) Ten thousand dollars ($10,000) in a county with a population
of less than 400,000 people.
(2) The total amount of grants awarded to a single community
recidivism and crime reduction service provider by all counties
pursuant to this section shall not exceed one hundred thousand
dollars ($100,000).
(f) The board of supervisors, in collaboration with the county's
Community Corrections Partnership, shall establish minimum
requirements, funding criteria, and procedures for the counties to
award grants consistent with the criteria established in this
section.
(g) A community recidivism and crime reduction service provider
that receives a grant under this section shall report to the county
board of supervisors or the Community Corrections Partnership on the
number of individuals served and the types of services provided,
consistent with paragraph (2) of subdivision (c). The board of
supervisors or the Community Corrections Partnership shall report to
the Board of State and Community Corrections any information received
under this subdivision from grant recipients.
(h) Of the total amount granted to a county, up to 5 percent may
be withheld by the board of supervisors or the Community Corrections
Partnership for the payment of administrative costs.
(i) Any funds allocated to a county under this section shall be
available for expenditure for a period of four years and any
unexpended funds shall revert to the state General Fund at the end of
the four-year period. Any funds not encumbered with a
community recidivism and crime reduction service provider one year
after allocation of grant funds to counties shall immediately revert
to the state General Fund.
SEC. 29. Section 1369.1 of the Penal
Code is amended to read:
1369.1. (a) As used in this chapter, "treatment facility"
includes a county jail. Upon the concurrence of the county board of
supervisors, the county mental health director, and the county
sheriff, the jail may be designated to provide medically approved
medication to defendants found to be mentally incompetent and unable
to provide informed consent due to a mental disorder, pursuant to
this chapter. In the case of Madera, Napa, and Santa Clara Counties,
the concurrence shall be with the board of supervisors, the county
mental health director, and the county sheriff or the chief of
corrections. The provisions of Sections 1370, 1370.01, and 1370.02
shall apply to antipsychotic medications provided in a county jail,
provided, however, that the maximum period of time a defendant may be
treated in a treatment facility pursuant to this section shall not
exceed six months.
(b) This section does not abrogate or limit any law enacted to
ensure the due process rights set forth in Sell v. United States
(2003) 539 U.S. 166.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 30. Section 1370 of the Penal Code
is amended to read:
1370. (a) (1) (A) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
or hearing on the alleged violation shall proceed, and judgment may
be pronounced.
(B) If the defendant is found mentally incompetent, the trial, the
hearing on the alleged violation, or the judgment shall be suspended
until the person becomes mentally competent.
(i) In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff to a state hospital
for the care and treatment of the mentally disordered, as directed
by the State Department of State Hospitals, or to any other available
public or private treatment facility, including a local
county jail treatment facility or the community-based
residential treatment system established pursuant to Article 1
(commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5
of the Welfare and Institutions Code if the facility has a secured
perimeter or a locked and controlled treatment facility, approved by
the community program director that will promote the defendant's
speedy restoration to mental competence, or placed on outpatient
status as specified in Section 1600.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall so
notify the court and defendant in writing. After this notification,
and opportunity for hearing, the court shall order that the defendant
be delivered by the sheriff to a state hospital, as directed by the
State Department of State Hospitals, or other secure treatment
facility for the care and treatment of the mentally disordered unless
the court makes specific findings on the record that an alternative
placement would provide more appropriate treatment for the defendant
and would not pose a danger to the health and safety of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the mentally disordered, as
directed by the State Department of State Hospitals, unless the court
makes specific findings on the record that an alternative placement
would provide more appropriate treatment for the defendant and would
not pose a danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon the filing of a certificate of restoration to competence,
the court shall order that the defendant be returned to court in
accordance with Section 1372. The court shall transmit a copy of its
order to the community program director or a designee.
(D) A defendant charged with a violent felony may not be delivered
to a state hospital or treatment facility pursuant to this
subdivision unless the state hospital or treatment facility has a
secured perimeter or a locked and controlled treatment facility, and
the judge determines that the public safety will be protected.
(E) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(F) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1600, only if the court
finds that the placement will not pose a danger to the health or
safety of others. If the court places a defendant charged with a
violent felony on outpatient status, as specified in Section 1600,
the court shall serve copies of the placement order on defense
counsel, the sheriff in the county where the defendant will be
placed, and the district attorney for the county in which the violent
felony charges are pending against the defendant.
(2) Prior to making the order directing that the defendant be
committed to the State Department of State Hospitals or other
treatment facility or placed on outpatient status, the court shall
proceed as follows:
(A) The court shall order the community program director or a
designee to evaluate the defendant and to submit to the court within
15 judicial days of the order a written recommendation as to whether
the defendant should be required to undergo outpatient treatment, or
be committed to the State Department of State Hospitals or to any
other treatment facility. A person shall not be admitted to a state
hospital or other treatment facility or placed on outpatient status
under this section without having been evaluated by the community
program director or a designee. The community program director or
designee shall evaluate the appropriate placement for the defendant
between the State Department of State Hospitals, a local
county jail treatment facility, or the community-based
residential treatment system based upon guidelines provided by the
State Department of State Hospitals. If a local county jail
treatment facility is selected, the State Department of State
Hospitals shall provide treatment at the county jail treatment
facility and reimburse the county jail treatment facility for the
reasonable costs of the bed during the treatment. If the
community-based residential treatment system is selected, the State
Department of State Hospitals shall provide reimbursement to the
community-based residential treatment system for the cost of
treatment as negotiated with the State Department of State Hospitals.
The six-month limitation in Section 1369.1 shall not apply to
individuals deemed incompetent to stand trial who are being treated
to restore competency within a county jail treatment facility
pursuant to this section.
(B) The court shall hear and determine whether the defendant lacks
capacity to make decisions regarding the administration of
antipsychotic medication. The court shall consider opinions in the
reports prepared pursuant to subdivision (a) of Section 1369, as
applicable to the issue of whether the defendant lacks capacity to
make decisions regarding the administration of antipsychotic
medication, and shall proceed as follows:
(i) The court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious harm
to the physical or mental health of the defendant requires evidence
that the defendant is presently suffering adverse effects to his or
her physical or mental health, or the defendant has previously
suffered these effects as a result of a mental disorder and his or
her condition is substantially deteriorating. The fact that a
defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property, involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial, the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner, less
intrusive treatments are unlikely to have substantially the same
results, and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(ii) If the court finds any of the conditions described in clause
(i) to be true, the court shall issue an order authorizing
involuntary administration of antipsychotic medication to the
defendant when and as prescribed by the defendant's treating
psychiatrist at any facility housing the defendant for purposes of
this chapter. The order shall be valid for no more than one year,
pursuant to subparagraph (A) of paragraph (7). The court shall not
order involuntary administration of psychotropic medication under
subclause (III) of clause (i) unless the court has first found that
the defendant does not meet the criteria for involuntary
administration of psychotropic medication under subclause (I) of
clause (i) and does not meet the criteria under subclause (II) of
clause (i).
(iii) In all cases, the treating hospital, facility, or program
may administer medically appropriate antipsychotic medication
prescribed by a psychiatrist in an emergency as described in
subdivision (m) of Section 5008 of the Welfare and Institutions Code.
(iv) If the court has determined that the defendant has the
capacity to make decisions regarding antipsychotic medication, and if
the defendant, with advice of his or her counsel, consents, the
court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
subparagraphs (C) and (D) regarding whether antipsychotic medication
shall be administered involuntarily.
(v) If the court has determined that the defendant has the
capacity to make decisions regarding antipsychotic medication and if
the defendant, with advice from his or her counsel, does not consent,
the court order for commitment shall indicate that, after the
treating psychiatrist complies with the provisions of subparagraph
(C), the defendant shall be returned to court for a hearing in
accordance with subparagraphs (C) and (D) regarding whether
antipsychotic medication shall be administered involuntarily.
(vi) Any report made pursuant to paragraph (1) of subdivision (b)
shall include a description of any antipsychotic medication
administered to the defendant and its effects and side effects,
including effects on the defendant's appearance or behavior that
would affect the defendant's ability to understand the nature of the
criminal proceedings or to assist counsel in the conduct of a defense
in a reasonable manner. During the time the defendant is confined in
a state hospital or other treatment facility or placed on outpatient
status, either the defendant or the people may request that the
court review any order made pursuant to this subdivision. The
defendant, to the same extent enjoyed by other patients in the state
hospital or other treatment facility, shall have the right to contact
the patients' rights advocate regarding his or her rights under this
section.
(C) If the defendant consented to antipsychotic medication as
described in clause (iv) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (v) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication based on the conditions described
in subclause (I) or (II) of clause (i) of subparagraph (B), the
treating psychiatrist shall certify whether the lack of capacity and
any applicable conditions described above exist. That certification
shall contain an assessment of the current mental status of the
defendant and the opinion of the treating psychiatrist that
involuntary antipsychotic medication has become medically necessary
and appropriate.
(D) (i) If the treating psychiatrist certifies that antipsychotic
medication has become medically necessary and appropriate pursuant to
subparagraph (C), antipsychotic medication may be administered to
the defendant for not more than 21 days, provided, however, that,
within 72 hours of the certification, the defendant is provided a
medication review hearing before an administrative law judge to be
conducted at the facility where the defendant is receiving treatment.
The treating psychiatrist shall present the case for the
certification for involuntary treatment and the defendant shall be
represented by an attorney or a patients' rights advocate. The
attorney or patients' rights advocate shall be appointed to meet with
the defendant no later than one day prior to the medication review
hearing to review the defendant's rights at the medication review
hearing, discuss the process, answer questions or concerns regarding
involuntary medication or the hearing, assist the defendant in
preparing for the hearing and advocating for his or her interests at
the hearing, review the panel's final determination following the
hearing, advise the defendant of his or her right to judicial review
of the panel's decision, and provide the defendant with referral
information for legal advice on the subject. The defendant shall also
have the following rights with respect to the medication review
hearing:
(I) To be given timely access to the defendant's records.
(II) To be present at the hearing, unless the defendant waives
that right.
(III) To present evidence at the hearing.
(IV) To question persons presenting evidence supporting
involuntary medication.
(V) To make reasonable requests for attendance of witnesses on the
defendant's behalf.
(VI) To a hearing conducted in an impartial and informal manner.
(ii) If the administrative law judge determines that the
defendant either meets the criteria specified in subclause (I) of
clause (i) of subparagraph (B), or meets the criteria specified in
subclause (II) of clause (i) of subparagraph (B), then antipsychotic
medication may continue to be administered to the defendant for the
21-day certification period. Concurrently with the treating
psychiatrist's certification, the treating psychiatrist shall file a
copy of the certification and a petition with the court for issuance
of an order to administer antipsychotic medication beyond the 21-day
certification period. For purposes of this subparagraph, the treating
psychiatrist shall not be required to pay or deposit any fee for the
filing of the petition or other document or paper related to the
petition.
(iii) If the administrative law judge disagrees with the
certification, medication may not be administered involuntarily until
the court determines that antipsychotic medication should be
administered pursuant to this section.
(iv) The court shall provide notice to the prosecuting attorney
and to the attorney representing the defendant, and shall hold a
hearing, no later than 18 days from the date of the certification, to
determine whether antipsychotic medication should be ordered beyond
the certification period.
(v) If, as a result of the hearing, the court determines that
antipsychotic medication should be administered beyond the
certification period, the court shall issue an order authorizing the
administration of that medication.
(vi) The court shall render its decision on the petition and issue
its order no later than three calendar days after the hearing and,
in any event, no later than the expiration of the 21-day
certification period.
(vii) If the administrative law judge upholds the certification
pursuant to clause (ii), the court may, for a period not to exceed 14
days, extend the certification and continue the hearing pursuant to
stipulation between the parties or upon a finding of good cause. In
determining good cause, the court may review the petition filed with
the court, the administrative law judge's order, and any additional
testimony needed by the court to determine if it is appropriate to
continue medication beyond the 21-day certification and for a period
of up to 14 days.
(viii) The district attorney, county counsel, or representative of
any facility where a defendant found incompetent to stand trial is
committed may petition the court for an order to administer
involuntary medication pursuant to the criteria set forth in
subclauses (II) and (III) of clause (i) of subparagraph (B). The
order is reviewable as provided in paragraph (7).
(3) When the court orders that the defendant be committed to the
State Department of State Hospitals or other public or private
treatment facility, the court shall provide copies of the following
documents prior to the admission of the defendant to the State
Department of State Hospitals or other treatment facility where the
defendant is to be committed:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The community program director's placement recommendation
report.
(H) Records of any finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or any pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(I) Any medical records.
(4) When the defendant is committed to a treatment facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
treatment facility other than a state hospital or other secure
treatment facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) When directing that the defendant be confined in a state
hospital pursuant to this subdivision, the court shall commit the
patient to the State Department of State Hospitals.
(6) (A) If the defendant is committed or transferred to the State
Department of State Hospitals pursuant to this section, the court
may, upon receiving the written recommendation of the medical
director of the state hospital and the community program director
that the defendant be transferred to a public or private treatment
facility approved by the community program director, order the
defendant transferred to that facility. If the defendant is committed
or transferred to a public or private treatment facility approved by
the community program director, the court may, upon receiving the
written recommendation of the community program director, transfer
the defendant to the State Department of State Hospitals or to
another public or private treatment facility approved by the
community program director. In the event of dismissal of the criminal
charges before the defendant recovers competence, the person shall
be subject to the applicable provisions of the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code). If either the defendant or the
prosecutor chooses to contest either kind of order of transfer, a
petition may be filed in the court for a hearing, which shall be held
if the court determines that sufficient grounds exist. At the
hearing, the prosecuting attorney or the defendant may present
evidence bearing on the order of transfer. The court shall use the
same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(B) If the defendant is initially committed to the State
Department of State Hospitals or secure treatment facility pursuant
to clause (ii) or (iii) of subparagraph (B) of paragraph (1) and is
subsequently transferred to any other facility, copies of the
documents specified in paragraph (3) shall be taken with the
defendant to each subsequent facility to which the defendant is
transferred. The transferring facility shall also notify the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the new facility that the defendant is a
person subject to clause (ii) or (iii) of subparagraph (B) of
paragraph (1).
(7) (A) An order by the court authorizing involuntary medication
of the defendant shall be valid for no more than one year. The court
shall review the order at the time of the review of the initial
report and the six-month progress reports pursuant to paragraph (1)
of subdivision (b) to determine if the grounds for the authorization
remain. In the review, the court shall consider the reports of the
treating psychiatrist or psychiatrists and the defendant's patients'
rights advocate or attorney. The court may require testimony from the
treating psychiatrist or psychiatrists and the patients' rights
advocate or attorney, if necessary. The court may continue the order
authorizing involuntary medication for up to another six months, or
vacate the order, or make any other appropriate order.
(B) Within 60 days before the expiration of the one-year
involuntary medication order, the district attorney, county counsel,
or representative of any facility where a defendant found incompetent
to stand trial is committed may petition the committing court for a
renewal, subject to the same conditions and requirements as in
subparagraph (A). The petition shall include the basis for
involuntary medication set forth in clause (i) of subparagraph (B) of
paragraph (2). Notice of the petition shall be provided to the
defendant, the defendant's attorney, and the district attorney. The
court shall hear and determine whether the defendant continues to
meet the criteria set forth in clause (i) of subparagraph (B) of
paragraph (2). The hearing on any petition to renew an order for
involuntary medication shall be conducted prior to the expiration of
the current order.
(b) (1) Within 90 days of a commitment made pursuant to
subdivision (a), the medical director of the state hospital or other
treatment facility to which the defendant is confined shall make a
written report to the court and the community program director for
the county or region of commitment, or a designee, concerning the
defendant's progress toward recovery of mental competence and whether
the administration of antipsychotic medication remains necessary. If
the defendant is on outpatient status, the outpatient treatment
staff shall make a written report to the community program director
concerning the defendant's progress toward recovery of mental
competence. Within 90 days of placement on outpatient status, the
community program director shall report to the court on this matter.
If the defendant has not recovered mental competence, but the report
discloses a substantial likelihood that the defendant will regain
mental competence in the foreseeable future, the defendant shall
remain in the state hospital or other treatment facility or on
outpatient status. Thereafter, at six-month intervals or until the
defendant becomes mentally competent, if the defendant is confined in
a treatment facility, the medical director of the hospital or person
in charge of the facility shall report in writing to the court and
the community program director or a designee regarding the defendant'
s progress toward recovery of mental competence and whether the
administration of antipsychotic medication remains necessary. If the
defendant is on outpatient status, after the initial 90-day report,
the outpatient treatment staff shall report to the community program
director on the defendant's progress toward recovery, and the
community program director shall report to the court on this matter
at six-month intervals. A copy of these reports shall be provided to
the prosecutor and defense counsel by the court.
(A) If the report indicates that there is no substantial
likelihood that the defendant will regain mental competence in the
foreseeable future, the committing court shall order the defendant to
be returned to the court for proceedings pursuant to paragraph (2)
of subdivision (c) no later than 10 days following receipt of the
report. The court shall transmit a copy of its order to the community
program director or a designee.
(B) If the report indicates that there is no substantial
likelihood that the defendant will regain mental competence in the
foreseeable future, the medical director of the state hospital or
other treatment facility to which the defendant is confined shall do
both of the following:
(i) Promptly notify and provide a copy of the report to the
defense counsel and the district attorney.
(ii) Provide a separate notification, in compliance with
applicable privacy laws, to the committing county's sheriff that
transportation will be needed for the patient.
(2) If the court has issued an order authorizing the treating
facility to involuntarily administer antipsychotic medication to the
defendant, the reports made pursuant to paragraph (1) concerning the
defendant's progress toward regaining competency shall also consider
the issue of involuntary medication. Each report shall include, but
is not limited to, all the following:
(A) Whether or not the defendant has the capacity to make
decisions concerning antipsychotic medication.
(B) If the defendant lacks capacity to make decisions concerning
antipsychotic medication, whether the defendant risks serious harm to
his or her physical or mental health if not treated with
antipsychotic medication.
(C) Whether or not the defendant presents a danger to others if he
or she is not treated with antipsychotic medication.
(D) Whether the defendant has a mental illness for which
medications are the only effective treatment.
(E) Whether there are any side effects from the medication
currently being experienced by the defendant that would interfere
with the defendant's ability to collaborate with counsel.
(F) Whether there are any effective alternatives to medication.
(G) How quickly the medication is likely to bring the defendant to
competency.
(H) Whether the treatment plan includes methods other than
medication to restore the defendant to competency.
(I) A statement, if applicable, that no medication is likely to
restore the defendant to competency.
(3) After reviewing the reports, the court shall determine whether
or not grounds for the order authorizing involuntary administration
of antipsychotic medication still exist and shall do one of the
following:
(A) If the original grounds for involuntary medication still
exist, the order authorizing the treating facility to involuntarily
administer antipsychotic medication to the defendant shall remain in
effect.
(B) If the original grounds for involuntary medication no longer
exist, and there is no other basis for involuntary administration of
antipsychotic medication, the order for the involuntary
administration of antipsychotic medication shall be vacated.
(C) If the original grounds for involuntary medication no longer
exist, and the report states that there is another basis for
involuntary administration of antipsychotic medication, the court
shall set a hearing within 21 days to determine whether the order for
the involuntary administration of antipsychotic medication shall be
vacated or whether a new order for the involuntary administration of
antipsychotic medication shall be issued. The hearing shall proceed
as set forth in subparagraph (B) of paragraph (2) of subdivision (a).
(4) Any defendant who has been committed or has been on outpatient
status for 18 months and is still hospitalized or on outpatient
status shall be returned to the committing court where a hearing
shall be held pursuant to the procedures set forth in Section 1369.
The court shall transmit a copy of its order to the community program
director or a designee.
(5) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. The court shall transmit a copy
of its order to the community program director or a designee.
(6) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination. If the court determines that the defendant shall
continue to be treated in the state hospital or on an outpatient
basis, the court shall determine issues concerning administration of
antipsychotic medication, as set forth in subparagraph (B) of
paragraph (2) of subdivision (a).
(c) (1) At the end of three years from the date of commitment or a
period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, or the maximum
term of imprisonment provided by law for a violation of probation or
mandatory supervision, whichever is shorter, but no later than 90
days prior to the expiration of the defendant's term of commitment, a
defendant who has not recovered mental competence shall be returned
to the committing court. The court shall notify the community program
director or a designee of the return and of any resulting court
orders.
(2) Whenever any defendant is returned to the court pursuant to
paragraph (1) or (4) of subdivision (b) or paragraph (1) of this
subdivision and it appears to the court that the defendant is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall order the conservatorship investigator of the county
of commitment of the defendant to initiate conservatorship
proceedings for the defendant pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions
Code. Any hearings required in the conservatorship proceedings shall
be held in the superior court in the county that ordered the
commitment. The court shall transmit a copy of the order directing
initiation of conservatorship proceedings to the community program
director or a designee, the sheriff and the district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record. The court shall notify the community program
director or a designee, the sheriff and district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record of the outcome of the conservatorship proceedings.
(3) If a change in placement is proposed for a defendant who is
committed pursuant to subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall provide notice and an opportunity to be heard with
respect to the proposed placement of the defendant to the sheriff and
the district attorney of the county in which the criminal charges or
revocation proceedings are pending.
(4) If the defendant is confined in a treatment facility, a copy
of any report to the committing court regarding the defendant's
progress toward recovery of mental competence shall be provided by
the committing court to the prosecutor and to the defense counsel.
(d) With the exception of proceedings alleging a violation of
mandatory supervision, the criminal action remains subject to
dismissal pursuant to Section 1385. If the criminal action is
dismissed, the court shall transmit a copy of the order of dismissal
to the community program director or a designee. In a proceeding
alleging a violation of mandatory supervision, if the person is not
placed under a conservatorship as described in paragraph (2) of
subdivision (c), or if a conservatorship is terminated, the court
shall reinstate mandatory supervision and may modify the terms and
conditions of supervision to include appropriate mental health
treatment or refer the matter to a local mental health court, reentry
court, or other collaborative justice court available for improving
the mental health of the defendant.
(e) If the criminal action against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
that may be appropriate under the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code).
(f) As used in this chapter, "community program director" means
the person, agency, or entity designated by the State Department of
State Hospitals pursuant to Section 1605 of this code and Section
4360 of the Welfare and Institutions Code.
(g) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.
(h) Nothing in this section shall preclude a defendant from filing
a petition for habeas corpus to challenge the continuing validity of
an order authorizing a treatment facility or outpatient program to
involuntarily administer antipsychotic medication to a person being
treated as incompetent to stand trial.
SEC. 31. Section 1370.6 is added to the
Penal Code , to read:
1370.6. (a) If a county jail treatment facility is selected by
the court pursuant to Section 1370, the department shall provide
restoration of competency treatment at the county jail treatment
facility and shall provide payment to the county jail treatment
facility for the reasonable costs of the bed during the restoration
of competency treatment as well as for the reasonable costs of any
necessary medical treatment not provided within the county jail
treatment facility, unless otherwise agreed to by the department and
the facility.
(1) If the county jail treatment facility is able to provide
restoration of competency services, upon approval by the department
and subject to funding appropriated in the annual Budget Act, the
county jail treatment facility may provide those services and the
State Department of State Hospitals may provide payment to the county
jail treatment facility for the reasonable costs of the bed during
the restoration of competency treatment as well as the reasonable
costs of providing restoration of competency services and for any
necessary medical treatment not provided within the county jail
treatment facility, unless otherwise agreed to by the department and
the facility.
(2) Transportation to a county jail treatment facility for
admission and from the facility upon the filing of a certificate of
restoration of competency, or for transfer of a person to another
county jail treatment facility or to a state hospital, shall be
provided by the committing county unless otherwise agreed to by the
department and the facility.
(3) In the event the State Department of State Hospitals and a
county jail treatment facility are determined to be comparatively at
fault for any claim, action, loss, or damage which results from their
respective obligations under such a contract, each shall indemnify
the other to the extent of its comparative fault.
(4) The six-month limitation in Section 1369.1 shall not apply to
individuals deemed incompetent to stand trial who are being treated
to restore competency within a county jail treatment facility
pursuant to this section.
(b) If the community-based residential system is selected by the
court pursuant to Section 1370, the State Department of State
Hospitals shall provide reimbursement to the community-based
residential treatment system for the cost of restoration of
competency treatment as negotiated with the State Department of State
Hospitals.
(c) The State Department of State Hospitals may provide payment to
either a county jail treatment facility or a community-based
residential treatment system directly through invoice, or through a
contract, at the discretion of the department in accordance with the
terms and conditions of the contract or agreement.
SEC. 32. Section 6402 of the Penal Code
is amended to read:
6402. The Department of Corrections and Rehabilitation (CDCR)
shall develop policies related to the department's contraband
interdiction efforts for individuals entering CDCR detention
facilities. When developed, these policies shall include, but not be
limited to, the following specifications:
(a) Application to all individuals, including visitors, all
department staff, including executive staff, volunteers, and contract
employees.
(b) Use of methods to ensure that profiling is not practiced
during random searches or searches of all individuals entering the
prison at that time.
(c) Establishment of unpredictable, random search efforts and
methods that ensures that no one, except department employees
specifically designated to conduct the random search, shall have
advance notice of when a random search is scheduled.
(d) All visitors attempting to enter a CDCR detention facility
shall be informed that they may refuse to be searched by a passive
alert dog.
(e) All visitors attempting to enter a CDCR detention facility who
refuse to be searched by a passive alert dog shall be informed of
options, including, but not limited to, voluntarily aborting
their attempt to enter the detention facility. the
availability of a noncontact visit.
(f) All individuals attempting to enter a CDCR detention facility,
who have a positive alert for contraband by an electronic drug
detection device, a passive alert dog, or other technology, shall be
informed of options, including, but not limited to, an
unclothed body search. further potential search or
visitation options.
(g) Establishment of a method by which an individual may
demonstrate an authorized health-related use of a controlled
substance when a positive alert is noted by an electronic drug
detection device, a passive alert dog, or other technology.
(h) Establishment of specific requirements for additional search
options when multiple positive alerts occur on an individual employee
within a specified timeframe.
(i) In determining which additional search options to offer
visitors and staff, CDCR shall consider the use of full-body
scanners.
(j) CDCR shall, within two years of implementation of the policy
described in this section, conduct an evaluation of the policy. This
evaluation shall include, but not be limited to, the impact of the
policy on:
(1) The amount of contraband, including drugs and cellular phones,
found in the prisons where the policy was implemented.
(2) The number of staff assaults that occurred in the prisons
where the policy was implemented.
(3) The number of serious rules violation reports issued in
prisons where the policy was implemented, including any reduction in
offender violence.
SEC. 33. Section 13600 of the Penal
Code is amended to read:
13600. (a) (1) The Legislature finds and declares that peace
officers of the state correctional system, including youth and adult
correctional
facilities, fulfill responsibilities that require creation and
application of sound selection criteria for applicants and standards
for their training prior to assuming their duties. For the purposes
of this section, correctional peace officers are peace officers as
defined in Section 830.5 and employed or designated by the Department
of Corrections and Rehabilitation.
(2) The Legislature further finds that sound applicant selection
and training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs.
(b) There is within the Department of Corrections and
Rehabilitation a Commission on Correctional Peace Officer Standards
and Training, hereafter referred to, for purposes of this title, as
the CPOST.
(c) (1) The executive board of the CPOST shall be composed of six
voting members.
(A) Three members from, appointed by, and representing the
management of, the Department of Corrections and Rehabilitation, one
of whom shall represent the Division of Juvenile Facilities.
(B) Three members from, and appointed by the Governor upon
recommendation by, and representing the membership of, the California
Correctional Peace Officers' Association. Two members shall be
rank-and-file persons from State Bargaining Unit 6 and one member
shall be supervisory.
(C) Appointments shall be for four years.
(D) Promotion of a member of the CPOST shall invalidate the
appointment of that member and shall require the recommendation and
appointment of a new member if the member was appointed from rank and
file or from supervisory personnel and promoted out of his or her
respective rank and file or supervisory position during his or her
term on the CPOST.
(2) Each appointing authority shall appoint one alternate member
for each regular member who it appoints pursuant to paragraph (1).
Every alternate member shall possess the same qualifications as the
regular member and shall substitute for, and vote in place of, the
regular member whenever he or she is absent.
(d) The rules for voting on the executive board of the CPOST shall
be as follows:
(1) Decisions shall be made by a majority vote.
(2) Proxy voting shall not be permitted.
(3) Tentative approval of a decision by the CPOST may be taken by
a telephone vote. The CPOST members' decision shall be documented in
writing and submitted to the CPOST for confirmation at the next
scheduled CPOST meeting so as to become a part of the permanent
record.
(e) The executive board of the CPOST shall adopt rules as it deems
necessary for efficient operations, including, but not limited to,
the appointment of advisory members for forming whatever committees
it deems necessary to conduct its business. These rules shall be in
conformance with the State Personnel Board rules and regulations, the
Department of Personnel Administration rules and regulations, and
the provisions of the State Bargaining Unit 6 memorandum of
understanding.
(f) The CPOST shall appoint an executive director.
(g) This section shall be operative on July 1, 2012.
(g) This section shall remain in effect only until July 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2015, deletes or extends that date.
SEC. 34. Section 13600 is added to the
Penal Code , to read:
13600. (a) (1) The Legislature finds and declares that peace
officers of the state correctional system, including youth and adult
correctional facilities, fulfill responsibilities that require
creation and application of sound selection criteria for applicants
and standards for their training prior to assuming their duties. For
the purposes of this section, correctional peace officers are peace
officers as defined in Section 830.5 and employed or designated by
the Department of Corrections and Rehabilitation.
(2) The Legislature further finds that sound applicant selection
and training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs.
(b) There is within the Department of Corrections and
Rehabilitation a Commission on Correctional Peace Officer Standards
and Training, hereafter referred to, for purposes of this title, as
the CPOST.
(c) (1) The executive board of the CPOST shall be composed of six
voting members.
(A) Three members from, appointed by, and representing the
management of, the Department of Corrections and Rehabilitation, one
of whom shall represent the Division of Juvenile Justice or the
Division of Rehabilitative Programs.
(B) Three members from, and appointed by the Governor upon
recommendation by, and representing the membership of, the California
Correctional Peace Officers' Association. Two members shall be
rank-and-file persons from State Bargaining Unit 6 and one member
shall be supervisory.
(C) Appointments shall be for four years.
(D) Promotion of a member of the CPOST shall invalidate the
appointment of that member and shall require the recommendation and
appointment of a new member if the member was appointed from rank and
file or from supervisory personnel and promoted out of his or her
respective rank and file or supervisory position during his or her
term on the CPOST.
(2) Each appointing authority shall appoint one alternate member
for each regular member who it appoints pursuant to paragraph (1).
Every alternate member shall possess the same qualifications as a
regular member and shall substitute for, and vote in place of, a
regular member who was appointed by the same appointing authority
whenever a regular member is absent.
(d) The rules for voting on the executive board of the CPOST shall
be as follows:
(1) Decisions shall be made by a majority vote.
(2) Proxy voting shall not be permitted.
(3) Tentative approval of a decision by the CPOST may be taken by
a telephone vote. The CPOST members' decision shall be documented in
writing and submitted to the CPOST for confirmation at the next
scheduled CPOST meeting so as to become a part of the permanent
record.
(e) The executive board of the CPOST shall adopt rules as it deems
necessary for efficient operations, including, but not limited to,
the appointment of advisory members for forming whatever committees
it deems necessary to conduct its business. These rules shall be in
conformance with the State Personnel Board rules and regulations, the
Department of Personnel Administration rules and regulations, and
the provisions of the State Bargaining Unit 6 memorandum of
understanding.
(f) The executive board shall seek advice from national experts,
including university and college institutions and correctional
associations, on issues pertaining to adult corrections, juvenile
justice, and the training of the Department of Corrections and
Rehabilitation staff that are relevant to its mission. To this end,
the executive board shall seek information from experts with the most
specific knowledge concerning the subject matter.
(g) This section shall be operative on July 1, 2015.
SEC. 35. Section 13601 of the Penal
Code is amended to read:
13601. (a) The CPOST shall develop, approve, and monitor
standards for the selection and training of state correctional peace
officer apprentices. Any standard for selection established under
this subdivision shall be subject to approval by the Department of
Human Resources. Using the psychological and screening standards
approved by the Department of Human Resources, the Department of
Human Resources or the Department of Corrections and Rehabilitation
shall ensure that, prior to training, each applicant who has
otherwise qualified in all physical and other testing requirements to
be a peace officer in either a youth or adult correctional facility,
is determined to be free from emotional or mental conditions that
might adversely affect the exercise of his or her duties and powers
as a peace officer pursuant to the standards developed by CPOST.
(b) The CPOST may approve standards for a course in the carrying
and use of firearms for correctional peace officers that is different
from that prescribed pursuant to Section 832. The standards shall
take into consideration the different circumstances presented within
the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The CPOST shall develop, approve, and monitor standards for
advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The CPOST shall develop, approve, and monitor standards for
the training of state correctional peace officers in the department
in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
CPOST may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall monitor
program compliance by the department.
(h) The CPOST may disapprove any training courses created by the
department pursuant to the standards developed by CPOST if it
determines that the courses do not meet the prescribed standards.
(i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST rules,
regulations, standards, or decisions.
(k) This section shall become operative July 1, 2012.
(k) This section shall remain in effect only until July 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2015, deletes or extends that date.
SEC. 36. Section 13601 is added to the
Penal Code , to read:
13601. (a) The CPOST shall develop, approve, and monitor
standards for the selection and training of state correctional peace
officer apprentices. Any standard for selection established under
this subdivision shall be subject to approval by the Department of
Human Resources. Using the psychological and screening standards
approved by the Department of Human Resources, the Department of
Human Resources or the Department of Corrections and Rehabilitation
shall ensure that, prior to training, each applicant who has
otherwise qualified in all physical and other testing requirements to
be a peace officer the Department of Corrections and Rehabilitation,
is determined to be free from emotional or mental conditions that
might adversely affect the exercise of his or her duties and powers
as a peace officer pursuant to the standards developed by CPOST.
(b) The CPOST may approve standards for a course in the carrying
and use of firearms for correctional peace officers that is different
from that prescribed pursuant to Section 832. The standards shall
take into consideration the different circumstances presented within
the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The CPOST shall develop, approve, and monitor standards for
advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The CPOST shall develop, approve, and monitor standards for
the training of state correctional peace officers in the department
in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this section,
the CPOST may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall monitor
program compliance by the department.
(h) The CPOST may disapprove any training courses created by the
department pursuant to the standards developed by CPOST if it
determines that the courses do not meet the prescribed standards.
Training may continue with existing curriculum pending resolution.
(i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST rules,
regulations, standards, or decisions.
(k) This section shall become operative July 1, 2015.
SEC. 37. Section 13602 of the Penal
Code , as amended by Section 19 of Chapter 310 of the
Statutes of 2013, is amended to read:
13602. (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
(b) Notwithstanding subdivision (a), and pursuant to Section
13602.1, the Department of Corrections and Rehabilitation may use a
training academy established for the California City Correctional
Center. This academy, in using the funds, shall endeavor to minimize
costs of administration so that a maximum amount of the funds will be
used for providing training and support to correctional employees
who are being trained by the department.
(c) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST for
that position.
(d) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 38. Section 13602 of the Penal
Code , as added by Section 20 of Chapter 310 of the
Statutes of 2013, is repealed.
13602. (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST,
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST for
that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
(d) This section shall become operative January 1, 2017.
SEC. 39. Section 13602.1 of the Penal
Code is amended to read:
13602.1. The Department of Corrections and Rehabilitation may
establish a training academy for correctional peace
officers in southern California.
SEC. 40. Section 13603 of the Penal
Code is amended to read:
13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the CPOST on how to
implement the on-the-job training requirements of this subdivision,
the department shall provide a total of 16 weeks of training to each
correctional peace officer cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the CPOST pursuant to Section 13602.
(e) This section shall become operative July 1, 2012.
(e) This section shall remain in effect only until July 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2015, deletes or extends that date.
SEC. 41. Section 13603 is added to the
Penal Code , to read:
13603. (a) The Department of Corrections and Rehabilitation shall
provide 480 hours of training to each correctional peace officer
cadet. This training shall be completed by the cadet prior to his or
her assignment to a post or position as a correctional peace officer.
(b) The CPOST shall determine the on-the-job training requirements
for correctional peace officers.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the CPOST pursuant to Section 13602.
(e) This section shall become operative July 1, 2015.
SEC. 42. Section 42008.8 is added to the
Vehicle Code , to read:
42008.8. (a) The Legislature finds and declares that a one-time
infraction amnesty program would do all of the following:
(1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they have unpaid
traffic bail or fines.
(2) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation or who have had their driving
privileges suspended pursuant to Section 13365.
(3) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
(4) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collections for more recent cases.
(b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision (e) shall be
established in each county. Unless agreed otherwise by the court and
the county in writing, the government entities that are responsible
for the collection of delinquent court-ordered debt shall be
responsible for implementation of the amnesty program as to that
debt, maintaining the same division of responsibility in place with
respect to the collection of court-ordered debt under subdivision (b)
of Section 1463.010 of the Penal Code.
(c) As used in this section, the term "fine" or "bail" refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, all of the following:
(1) Base fine or bail, as established by court order, by statute,
or by the court's bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the
Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7
of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the
Government Code, and Section 42006 of this code.
(3) State surcharges imposed pursuant to Section 1465.7 of the
Penal Code.
(4) Court operations assessments imposed pursuant to Section
1465.8 of the Penal Code.
(5) Criminal conviction assessments pursuant to Section 70373 of
the Government Code.
(d) Notwithstanding subdivision (c), any civil assessment imposed
pursuant to Section 1214.1 of the Penal Code shall not be collected,
nor shall the payment of that assessment be a requirement of
participation in the amnesty program.
(e) Concurrent with the amnesty program established pursuant to
subdivision (b), between October 1, 2015, to March 31, 2017,
inclusive, the following shall apply:
(1) The court shall issue and file with the Department of Motor
Vehicles the appropriate certificate pursuant to subdivisions (a) and
(b) of Section 40509 for any participant of the one-time amnesty
program established pursuant to subdivision (b) demonstrating that
the participant has appeared in court, paid the fine, or otherwise
satisfied the court, if the driving privilege of that participant was
suspended pursuant to Section 13365 in connection with a specific
violation described in paragraph (1), (2), or (3) of subdivision (g).
(2) The court shall issue and file with the department the
appropriate certificate pursuant to subdivisions (a) and (b) of
Section 40509 for any person in good standing in a comprehensive
collection program pursuant to subdivision (c) of Section 1463.007 of
the Penal Code demonstrating that the person has appeared in court,
paid the fine, or otherwise satisfied the court, if the driving
privilege was suspended pursuant to Section 13365 in connection with
a specific violation described in paragraph (1), (2), or (3) of
subdivision (g).
(3)
Any person who is eligible for a driver's license pursuant to
Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty
program established pursuant to subdivision (b) for any specific
violation described in subdivision (g). The department shall issue a
driver's license to any person who is eligible pursuant to Section
12801, 12801.5, or 12801.9 if the person is participating in the
amnesty program and is otherwise eligible for the driver's license
but for the fines or bail to be collected through the program.
(4) The Department of Motor Vehicles shall not deny reinstating
the driving privilege of any person who participates in the amnesty
program established pursuant to subdivision (b) for any fines or bail
in connection with the specific violation that is the basis for
participation in the amnesty program.
(f) In addition to, and at the same time as, the mandatory
one-time amnesty program is established pursuant to subdivision (b),
the court and the county may jointly agree to extend that amnesty
program to fines and bail imposed for a misdemeanor violation of this
code and a violation of Section 853.7 of the Penal Code that was
added to the misdemeanor case otherwise subject to the amnesty. The
amnesty program authorized pursuant to this subdivision shall not
apply to parking violations and violations of Sections 23103, 23104,
23105, 23152, and 23153.
(g) A violation is only eligible for amnesty if paragraph (1),
(2), or (3) applies, and the requirements of paragraphs (4) to (7),
inclusive, are met:
(1) The violation is an infraction violation filed with the court.
(2) It is a violation of subdivision (a) or (b) of Section 40508,
or a violation of Section 853.7 of the Penal Code that was added to
the case subject to paragraph (1).
(3) The violation is a misdemeanor violation filed with the court
to which subdivision (f) applies.
(4) The initial due date for payment of the fine or bail was on or
before January 1, 2013.
(5) There are no outstanding misdemeanor or felony warrants for
the defendant within the county, except for misdemeanor warrants for
misdemeanor violations subject to this section.
(6) The person does not owe victim restitution on any case within
the county.
(7) The person is not currently making payments to a comprehensive
collection program pursuant to subdivision (c) of Section 1463.007
of the Penal Code.
(h) (1) Except as provided in paragraph (2), each amnesty program
shall accept, in full satisfaction of any eligible fine or bail, 50
percent of the fine or bail amount, as defined in subdivision (c).
(2) If the participant certifies under penalty of perjury that he
or she receives any of the public benefits listed in subdivision (a)
of Section 68632 of the Government Code or is within the conditions
described in subdivision (b) of Section 68632 of the Government Code,
the amnesty program shall accept, in full satisfaction of any
eligible fine or bail, 20 percent of the fine or bail amount, as
defined in subdivision (c).
(i) The Judicial Council, in consultation with the California
State Association of Counties, shall adopt guidelines for the amnesty
program no later than October 1, 2015, and each program shall be
conducted in accordance with the Judicial Council's guidelines. As
part of its guidelines, the Judicial Council shall include all of the
following:
(1) Each court or county responsible for implementation of the
amnesty program pursuant to subdivision (b) shall recover costs
pursuant to subdivision (a) of Section 1463.007 of the Penal Code and
may charge an amnesty program fee of fifty dollars ($50) that may be
collected with the receipt of the first payment of a participant.
(2) A payment plan option created pursuant to Judicial Council
guidelines in which a monthly payment is equal to the amount that an
eligible participant can afford to pay per month consistent with
Sections 68633 and 68634 of the Government Code. If a participant
chooses the payment plan option, the county or court shall collect
all relevant information to allow for collection by the Franchise Tax
Board pursuant to existing protocols prescribed by the Franchise Tax
Board to collect delinquent debts of any amount in which a
participant is delinquent or otherwise in default under his or her
amnesty payment plan.
(3) If a participant does not comply with the terms of his or her
payment plan under the amnesty program, including failing to make one
or more payments, the appropriate agency shall send a notice to the
participant that he or she has failed to make one or more payments
and that the participant has 30 days to either resume making payments
or to request that the agency change the payment amount. If the
participant fails to respond to the notice within 30 days, the
appropriate agency may refer the participant to the Franchise Tax
Board for collection of any remaining balance owed, including an
amount equal to the reasonable administrative costs incurred by the
Franchise Tax Board to collect the delinquent amount owed. The
Franchise Tax Board shall collect any delinquent amounts owed
pursuant to existing protocols prescribed by the Franchise Tax Board.
The comprehensive collection program may also utilize additional
collection efforts pursuant to Section 1463.007 of the Penal Code,
except for subparagraph (C) of paragraph (4) of subdivision (c) of
that section.
(4) A plan for outreach that will, at a minimum, make available
via an Internet Web site relevant information regarding the amnesty
program, including how an individual may participate in the amnesty
program.
(5) The Judicial Council shall reimburse costs incurred by the
Department of Motor Vehicles up to an amount not to exceed two
hundred fifty thousand dollars ($250,000), including all of the
following:
(A) Providing on a separate insert with each motor vehicle
registration renewal notice a summary of the amnesty program
established pursuant to this section that is compliant with Section
7292 of the Government Code.
(B) Posting on the department's Internet Web site information
regarding the amnesty program.
(C) Personnel costs associated with the amnesty program.
(j) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.
(k) (1) The total amount of funds collected under the amnesty
program shall, as soon as practical after receipt thereof, be
deposited in the county treasury or the account established under
Section 77009 of the Government Code. After acceptance of the amount
specified in subdivision (h), notwithstanding Section 1203.1d of the
Penal Code, the remaining revenues collected under the amnesty
program shall be distributed on a pro rata basis in the same manner
as a partial payment distributed pursuant to Section 1462.5 of the
Penal Code.
(2) Notwithstanding Section 1464 of the Penal Code, the amount of
funds collected pursuant to this section that would be available for
distribution pursuant to subdivision (f) of Section 1464 of the Penal
Code shall instead be distributed as follows:
(A) The first two hundred fifty thousand dollars ($250,000)
received shall be transferred to the Judicial Council.
(B) Following the transfer of the funds described in subparagraph
(A), once a month, both of the following transfers shall occur:
(i) An amount equal to 82.20 percent of the amount of funds
collected pursuant to this section during the preceding month shall
be transferred into the Peace Officers' Training Fund.
(ii) An amount equal to 17.80 percent of the amount of funds
collected pursuant to this section during the preceding month shall
be transferred into the Corrections Training Fund.
(l) Each court or county implementing an amnesty program shall
file, not later than May 31, 2017, a written report with the Judicial
Council, on a form approved by the Judicial Council. The report
shall include information about the number of cases resolved, the
amount of money collected, and the operating costs of the amnesty
program. Notwithstanding Section 10231.5 of the Government Code, on
or before August 31, 2017, the Judicial Council shall submit a report
to the Legislature summarizing the information provided by each
court or county.
SEC. 43. Section 3313 is added to the
Welfare and Institutions Code , to read:
3313. (a) The Department of Finance and the Department of
Corrections and Rehabilitation shall release a report that provides
an updated comprehensive plan for the state prison system, including
a permanent solution to the decaying infrastructure of the California
Rehabilitation Center. The report shall be submitted with the
Governor's 2016-17 Budget to the Assembly Committee on
Appropriations, the Assembly Committee on Budget, the Senate
Committee on Appropriations, the Senate Committee on Budget and
Fiscal Review, and the Joint Legislative Budget Committee.
(b) The Legislature finds and declares that given the reduction in
the prison population, further investment in building additional
prisons is unnecessary at this time, and that the California
Rehabilitation Center may be closed without jeopardizing the
court-ordered prison population cap.
SEC. 44. Section 4023.6 is added to the
Welfare and Institutions Code , to read:
4023.6. (a) The Office of Law Enforcement Support within the
California Health and Human Services Agency shall investigate both of
the following:
(1) Any incident at a developmental center or state hospital that
involves developmental center or state hospital law enforcement
personnel and that meets the criteria in Section 4023 or 4427.5, or
alleges serious misconduct by law enforcement personnel.
(2) Any incident at a developmental center or state hospital that
the Chief of the Office of Law Enforcement Support, the Secretary of
the California Health and Human Services Agency, or the
Undersecretary of the California Health and Human Services Agency
directs the office to investigate.
(b) All incidents that meet the criteria of Section 4023 or 4427.5
shall be reported immediately to the Chief of the Office of Law
Enforcement Support by the Chief of the facility's Office of
Protective Services.
(c) (1) Before adopting policies and procedures related to
fulfilling the requirements of this section related to the
Developmental Centers Division of the State Department of
Developmental Services, the Office of Law Enforcement Support shall
consult with the executive director of the protection and advocacy
agency established by Section 4901, or his or her designee; the
Executive Director of the Association of Regional Center Agencies, or
his or her designee; and other advocates, including persons with
developmental disabilities and their family members, on the unique
characteristics of the persons residing in the developmental centers
and the training needs of the staff who will be assigned to this
unit.
(2) Before adopting policies and procedures related to fulfilling
the requirements of this section related to the State Department of
State Hospitals, the Office of Law Enforcement Support shall consult
with the executive director of the protection and advocacy agency
established by Section 4901, or his or her designee, and other
advocates, including persons with mental health disabilities, former
state hospital residents, and their family members.
SEC. 45. Section 4023.7 is added to the
Welfare and Institutions Code , to read:
4023.7. (a) The Office of Law Enforcement Support shall be
responsible for contemporaneous oversight of investigations that (1)
are conducted by the State Department of State Hospitals and involve
an incident that meets the criteria of Section 4023, and (2) are
conducted by the State Department of Developmental Services and
involve an incident that meets the criteria of Section 4427.5.
(b) Upon completion of a review, the Office of Law Enforcement
Support shall prepare a written incident report, which shall be held
as confidential.
SEC. 46. Section 4023.8 is added to the
Welfare and Institutions Code , to read:
4023.8. (a) (1) Commencing October 1, 2016, the Office of Law
Enforcement Support shall issue regular reports, no less than
semiannually, to the Governor, the appropriate policy and budget
committees of the Legislature, and the Joint Legislative Budget
Committee, summarizing the investigations it conducted pursuant to
Section 4023.6 and its oversight of investigations pursuant to
Section 4023.7. Reports encompassing data from January through June,
inclusive, shall be made on October 1 of each year, and reports
encompassing data from July to December, inclusive, shall be made on
March 1 of each year.
(2) The reports required by paragraph (1) shall include, but not
be limited to, all of the following:
(A) The number, type, and disposition of investigations of
incidents.
(B) A synopsis of each investigation reviewed by the Office of Law
Enforcement Support.
(C) An assessment of the quality of each investigation, the
appropriateness of any disciplinary actions, the Office of Law
Enforcement Support's recommendations regarding the disposition in
the case and the level of disciplinary action, and the degree to
which the agency's authorities agreed with the Office of Law
Enforcement Support's recommendations regarding disposition and level
of discipline.
(D) The report of any settlement and whether the Office of Law
Enforcement Support concurred with the settlement.
(E) The extent to which any disciplinary action was modified after
imposition.
(F) Timeliness of investigations and completion of investigation
reports.
(G) The number of reports made to an individual's licensing board,
including, but not limited to, the Medical Board of California, the
Board of Registered Nursing, the Board of Vocational Nursing and
Psychiatric Technicians of the State of California, or the California
State Board of Pharmacy, in cases involving serious or criminal
misconduct by the individual.
(H) The number of investigations referred for criminal prosecution
and employee disciplinary action and the outcomes of those cases.
(I) The adequacy of the State Department of State Hospitals' and
the Developmental Centers Division of the State Department of
Developmental Services' systems for tracking patterns and monitoring
investigation outcomes and employee compliance with training
requirements.
(3) The reports required by paragraph (1) shall be in a form that
does not identify the agency employees involved in the alleged
misconduct.
(4) The reports required by paragraph (1) shall be posted on the
Office of Law Enforcement Support's Internet Web site and otherwise
made available to the public upon their release to the Governor and
the Legislature.
(b) The protection and advocacy agency established by Section 4901
shall have access to the reports issued pursuant to paragraph (1) of
subdivision (a) and all supporting materials except personnel
records.
SEC. 47. Section 4117 of the Welfare
and Institutions Code is amended to read:
4117. (a) Whenever a trial is had of any person charged with
escape or attempt to escape from a state hospital, whenever a hearing
is had on the return of a writ of habeas corpus prosecuted by or on
behalf of any person confined in a state hospital except in a
proceeding to which Section 5110 applies, whenever a hearing is had
on a petition under Section 1026.2, subdivision (b) of Section
1026.5, Section 2966, or Section 2972 of the Penal Code, Section 7361
of this code, or former Section 6316.2 of this code for the release
of a person confined in a state hospital, whenever a hearing is had
for an order seeking involuntary treatment with psychotropic
medication, or any other medication for which an order is required,
of a person confined in a state hospital pursuant to Section 2962 of
the Penal Code, and whenever a person confined in a state hospital is
tried for a crime committed therein, the appropriate financial
officer or other designated official of the county in which the trial
or hearing is had shall make out a statement of all mental health
treatment costs and shall make out a separate statement of all
nontreatment costs incurred by the county for investigation and other
preparation for the trial or hearing, and the actual trial or
hearing, all costs of maintaining custody of the patient and
transporting him or her to and from the hospital, and costs of
appeal, which appeal. The statements
shall be properly certified by a judge of the superior court of that
county. The statement of mental health treatment costs shall be sent
to the State Department of State Hospitals and the statement of all
nontreatment costs, except as provided in subdivision (c), shall be
sent to the Controller for approval. After approval, the department
shall cause the amount of mental health treatment costs incurred on
or after July 1, 1987, to be paid to the county mental health
director or his or her designee where the trial or hearing was held
out of the money appropriated for this purpose by the Legislature. In
addition, the Controller shall cause the amount of all nontreatment
costs incurred on and after July 1, 1987, to be paid out of the money
appropriated by the Legislature, to the county treasurer of the
county where the trial or hearing was had.
(b) Commencing January 1, 2012, the nontreatment costs associated
with Section 2966 of the Penal Code and approved by the Controller,
as required by subdivision (a), shall be paid by the Department of
Corrections and Rehabilitation pursuant to Section 4750 of the Penal
Code.
(c) The nontreatment costs associated with any hearing for an
order seeking involuntary treatment with psychotropic medication, or
any other medication for which an order is required, of a person
confined in a state hospital pursuant to Section 1026, 1026.5,
or 2972 of the Penal Code, as provided in subdivision (a),
shall be paid by the county of commitment. As used in this
subdivision, "county of commitment" means the county seeking the
continued treatment of a mentally disordered offender pursuant to
Section 2972 of the Penal Code. Code or the
county committing a patient who has been found not guilty by reason
of insanity pursuant to Section 1026 or 1026.5 of the Penal Code.
The appropriate financial officer or other designated official
of the county in which the proceeding is held shall make out a
statement of all of the costs incurred by the county for the
investigation, preparation, and conduct of the proceedings, and the
costs of appeal, if any. The statement shall be certified by a judge
of the superior court of the county. The statement shall then be sent
to the county of commitment, which shall reimburse the county
providing the services.
(d) (1) Whenever a hearing is held pursuant to Section 1604, 1608,
1609, or 2966 of the Penal Code, all transportation costs to and
from a state hospital or a facility designated by the community
program director during the hearing shall be paid by the Controller
as provided in this subdivision. The appropriate financial officer or
other designated official of the county in which a hearing is held
shall make out a statement of all transportation costs incurred by
the county. The statement shall be properly certified by a judge of
the superior court of that county and sent to the Controller for
approval. The Controller shall cause the amount of transportation
costs incurred on and after July 1, 1987, to be paid to the county
treasurer of the county where the hearing was had out of the money
appropriated by the Legislature.
(2) As used in this subdivision, "community program director"
means the person designated pursuant to Section 1605 of the Penal
Code.
SEC. 48. Section 4143 of the Welfare
and Institutions Code is amended to read:
4143. (a) Commencing July 1, 2015, and
subject to available funding, the State Department of State Hospitals
may establish and maintain pilot enhanced treatment programs (ETPs),
as defined in Section 1265.9 of the Health and Safety Code, and
evaluate the effectiveness of intensive, evidence-based clinical
therapy and treatment of patients described in Section 4144.
(b) At least 60 days prior to activating an ETP, the State
Department of State Hospitals shall submit written draft policies and
procedures that will guide the operation of the ETP, including, but
not limited to, admittance criteria, staffing levels, services to be
provided to patients, a transition planning process, and training
requirements, to the appropriate policy and fiscal committees of the
Legislature and to the Joint Legislative Budget Committee.
SEC. 49. Item 0250-101-3259 of Section 2.00 of the
Budget Act of 2014 is amended to read:
0250-101-3259--For local assistance,
Judicial Branch, payable from the Recidivism
Reduction Fund............................... 15,000,000
Schedule:
(1) Program 45.10-Support
for Operation of the
Trial Courts.......... 15,000,000
Provisions:
1. Funds appropriated in this item
shall be used for the
establishment or ongoing
operation and staffing of
programs known to reduce
recidivism and enhance public
safety, including collaborative
courts that serve moderate and
high-risk adult criminal
offenders, pretrial programs, and
the use of risk and needs
assessment instruments at
sentencing of felony offenders
subject to local supervision.
2. Funds shall be designated for a
competitive grant program
developed and administered by the
Judicial Council and shall be
used to support the
administration and operation of
programs and practices known to
reduce offender recidivism
including the use of risk and
needs assessments, evidence-based
practices, and programs that
specifically address the needs of
mentally ill and drug addicted
offenders.
3. Participating courts shall submit
a joint application on behalf of
the court, county, and other
local justice system partners
that clearly details the
initiative for which funding is
sought; the associated staffing
activities, programs, and
services to be delivered by the
partner organizations; and how
the grant program will cover
those costs.
4. In consultation with the
California Department of
Corrections and Rehabilitation
and the Chief Probation Officers
of California, the Judicial
Council shall establish
performance based outcome
measures appropriate for each
program including, but not
limited to, the number of
offenders participating in these
programs who fail to appear, are
revoked to county jail or state
prison, or commit new crimes and
are sentenced to county jail or
state prison. Participating
courts shall provide the required
data, including individual
offender level data, on a
quarterly basis to the Judicial
Council.
5. Annually, the Judicial Council
shall report aggregate level data
related to these programs to the
Department of Finance and the
Joint Legislative Budget
Committee. The first report shall
include information related to
the establishment and operation
of the grantee programs. The
Judicial Council shall provide a
report to the Joint Legislative
Budget Committee and the
Department of Finance that
addresses the effectiveness of
the programs based on the
reports of the established
outcome measures described in
Provision 4 and the impact of the
moneys appropriated pursuant to
this act to enhance public safety
and improve offender outcomes
four years after the grants are
awarded. Five percent of the
funds shall be designated to the
Judicial Council for the
administration of the program,
including the collection and
analysis of data from the grantee
courts, the California Department
of Corrections and
Rehabilitation, and local justice
system partners; the provision of
technical and legal assistance to
the courts; and evaluation of the
program. Funds appropriated in
this item may be encumbered and
this item may be expended until
June 30, 2017,
June 30, 2017, after which any
unexpended
funds
unexpended funds shall revert to
the General Fund.
the General Fund.
SEC. 50. Item 5227-491 is added to Section 2.00 of
the Budget Act of 2014 , to read:
5227-491--Reappropriation, Board of State and Community
Corrections. The balances of the appropriations
provided in the following citations are reappropriated
for the purpose provided for in those appropriations
and shall be available for encumbrance of expenditure
until June 30, 2016, except as noted below:
3259--Recidivism Reduction Fund
(1) Item 5227-101-3259, Budget Act of
2014 (Chs. 25 and 663, Stats. 2014).
The balance of the $900,000
appropriation to administer the
mentally ill offender crime reduction
grants, as provided in Chapter 26 of
the Statutes of 2014, shall be
available for encumbrance or
expenditure until June 30, 2017.
SEC. 51. The Legislature finds and declares that
Section 45 of this act, which adds Section 4023.7 to the Welfare and
Institutions 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:
In order to protect patient confidentiality, it is necessary that
the records prepared pursuant to this act be held as confidential and
only disclosed pursuant to the requirements set forth in this act.
SEC. 52. 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. 53. 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 2015.
