Public safety omnibus.

(1) Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Existing law authorizes the court to order the minor to participate in a program of supervision, subject to specified requirements, and requires the court to order the petition dismissed upon the minor's successful completion of the program. Existing law authorizes the juvenile court to retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, or, if the person is found to have committed a specified serious or violent offense, after the expiration of a 2-year period of control or when the person attains 23 or 25 years of age, whichever occurs later, except as specified. This bill would establish the Youth Reinvestment Grant Program within the Board of State and Community Corrections to grant funds, upon appropriation, to local jurisdictions and Indian tribes for the purpose of implementing trauma-informed diversion programs for minors. The bill would require the board to be responsible for administration oversight and accountability of the grant program, in coordination with the California Health and Human Services Agency and the State Department of Education. The bill would require the board to perform specified duties relating to, among other things, guidance, data collection, and contracting with a research firm or university to conduct a statewide evaluation of the grant program and its outcomes, as specified. This bill would require a person who is committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation (CDCR) on or after July 1, 2018, for one of specified offenses and who, at the time of adjudication would have been eligible for transfer to a court of criminal jurisdiction and who was adjudicated of a crime or crimes that, in criminal court, would have carried a maximum possible sentence of 7 years or more, to be discharged upon the expiration of a 2-year period of control, or when he or she attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court, as specified. The bill would exclude persons committed to the division by a juvenile court prior to July 1, 2018, from being discharged pursuant to that authority. This bill would, until June 1, 2026, also require the division to establish and operate a 7-year pilot program for transition age youth, as described. On or after January 1, 2019, the program would divert specified transition-aged youth from adult prison to a juvenile facility to provide developmentally appropriate rehabilitative programming designed for transition age youth with the goal of improving outcomes and reducing recidivism. The bill would require the department to develop program placement criteria and to initially target youth sentenced by a superior court who committed a specified crime when under 18 years of age. The bill would require the division to contract with various entities to evaluate the effects of participation in the program, among other things. The bill would also make ineligible for the program offenders with a period of incarceration that cannot be completed on or before the offender's 25th birthday. (2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation, with the approval of the Director of the Division of Juvenile Justice, to transfer to the division a person under 18 years of age who is not committed to the division. Existing law also authorizes a court to order a person who is under 18 years of age to be transferred to the division. Existing law provides that the transfer is solely for the purposes of housing the inmate, allowing participation in the programs available at the institution by the inmate, and allowing division parole supervision of the inmate, and provides that the inmate is deemed to be committed to the CDCR and remains subject to the jurisdiction of the Secretary of the Department of Corrections and Rehabilitation and the Board of Parole Hearings. Existing law extends the duration of the transfer until any one of specified circumstances occurs, including that the inmate reaches 18 years of age, but authorizes the transfer to extend until the inmate's period of incarceration is completed if that period of incarceration would be completed on or before the inmate's 21st birthday. The bill would authorize the duration of the transfer to extend until the inmate's period of incarceration is completed if that period of incarceration would be completed on or before the inmate's 25th birthday, and would make this authority retroactive. (3) Existing law requires a county from which a person is committed to the Division of Juvenile Justice, CDCR to pay to the state an annual rate of $24,000 for the time the person remains in an institution under the direct supervision of the division, or in an institution, boarding home, foster home, or other private or public institution in which the person is placed by the division, and cared for and supported at the expense of the division. This bill would establish a rate of $24,000 for a person who is committed to the division by a juvenile court on or after July 1, 2018, but would exempt counties from paying that rate for a person who is 23 years of age or older. (4) Existing law requires, upon an application for an identification card, a fee of $26 to be paid to the Department of Motor Vehicles (DMV) . Existing law provides for a reduced fee of $8 for a replacement identification card issued to an eligible inmate upon release from a state or federal correctional facility or a county jail facility, and to an eligible patient treated in a facility of the State Department of State Hospitals. This bill would require the Division of Juvenile Justice and the DMV to enter into an interagency agreement to ensure that an eligible juvenile offender, as defined, released from a state juvenile facility has a valid identification card. The bill would set the fee for an identification card for an eligible juvenile offender at $8, and would require an eligible juvenile offender to provide the DMV with a specified verification upon application for an identification card. (5) Existing law authorizes a court on its own motion and within 120 days after sentencing, or at any time upon the recommendation of the secretary or the Board of Parole Hearings in the case of state prison inmates, or the county correctional administrator in the case of county jail inmates, to recall the sentence of a defendant who has been committed to the state prison or a county jail and resentence that defendant to a lesser sentence, as specified. This bill would authorize the court, when resentencing a defendant pursuant to these provisions, to reduce a defendant's term of imprisonment and modify the judgment, including a judgment entered after a plea agreement, if it is in the interest of justice. The bill would authorize the court to consider postconviction factors, as specified, when resentencing a defendant. (6) Existing law defines a local detention facility as a city, county, city and county, or regional facility used for the confinement of adults, or both adults and minors, for more than 24 hours, except as specified. Existing law also defines a local detention facility as an adult detention facility, exclusive of any facility operated by CDCR or other specified facilities, that holds prisoners under contract on behalf of a city, county, or city and county. Existing law requires the Board of State and Community Corrections to, at a minimum, inspect each local detention facility in the state biennially. This bill would also define a local detention facility as a court holding facility within a superior court that is operated by or supervised by specified personnel. The bill would not include an area within a courtroom or a public area in the courthouse as a court holding facility. (7) Existing law, until July 1, 2018, authorizes the board of supervisors of a county where, in the opinion of the county sheriff or the director of the county department of corrections, adequate facilities are not available for the confinement of its prisoners, to enter into an agreement with another county for the transfer and confinement of misdemeanants, persons sentenced to a county jail, and persons required to serve a term of imprisonment in county adult detention facilities as a condition of probation with the concurrence of that county's sheriff or director of its county department of corrections. Existing law also, until July 1, 2018, requires a county entering into a transfer agreement with another county to report annually to the Board of State and Community Corrections on the number of offenders who otherwise would be under that county's jurisdiction but who are now being housed in another county's facility and the reason for needing to house the offenders outside the county. Existing law, on July 1, 2018, would delete, among other things, the authority of the board of supervisors of a county to make that agreement with regards to persons sentenced to the county jail. This bill would extend, until July 1, 2021, the operation of the authority scheduled to repeal on July 1, 2018, and would delay, until July 1, 2021, the operative date of the authority scheduled to be deleted on July 1, 2018. (8) Existing law establishes, within CDCR, the Division of Enterprise Information Services, the Division of Facility Planning, Construction, and Management, and the Division of Administrative Services under the Undersecretary for Administration and Offender Services. This bill would establish the Division of Fiscal and Business Services under that undersecretary. (9) Under existing law, CDCR is authorized to enter into contracts with private facilities or facilities outside of California to house inmates. Existing law requires CDCR to annually estimate expenditures for each state-owned or contracted facility housing offenders. This bill would require the department to begin reducing the population of private in-state male contract correctional facilities. As the population of offenders in private in-state male contract correctional facilities is reduced, the bill would require the department, to the extent that the adult offender population continues to decline, to reduce the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, as specified. (10) Existing law authorizes CDCR to maintain and operate a comprehensive pharmacy services program for facilities under its jurisdiction. The Pharmacy Law provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy and makes a knowing violation of its provisions a crime. Existing law provides for the licensure of certain clinics by the board and authorizes a clinic with that license to purchase drugs at wholesale, as specified. Existing law prohibits these clinics from dispensing Schedule II controlled substances, except as specified. This bill would provide for the licensure of correctional clinics by the board and would authorize a clinic with that license to obtain drugs from a correctional pharmacy. The bill would authorize the administration or dispensing of drugs in a correctional clinic or by a correctional pharmacy, as specified, and would authorize the health care staff of a clinic to administer Schedule II through V controlled substances, as specified. The bill would require a correctional clinic to apply to the board for a license, and would require the board to make a thorough investigation of whether the premises qualifies for licensure. Because a knowing violation of the bill's requirements would be a crime, the bill would impose a state-mandated local program. (11) Existing law requires CDCR to develop policies related to the department's contraband interdiction efforts for individuals entering CDCR's detention facilities, including the state prison facility located in the County of Kings at Corcoran. This bill would require CDCR to design a specified contraband interdiction pilot program in the state prison facility located in the County of Kings at Corcoran. The bill would require, as part of the pilot program, that entrance screening be conducted on every individual and package entering the facility and take place 24 hours per day, 7 days per week. The bill would require the department to track and report on the use of entrance screening technology and equipment throughout the pilot period, and to the extent that screening does not occur, would require the department to document the time and reason that screening is not conducted. The bill would require the department to submit a report evaluating the pilot program, as specified, to the Legislature by February 1, 2021. The bill would repeal these provisions on January 1, 2022. (12) Existing law requires CDCR to provide a correctional peace officer cadet with 480 hours of training to be completed before the cadet is assigned a post or position as a correctional officer. This bill would instead require the department to provide 520 hours of that training, for a cadet who commences training on or after January 1, 2019, to be completed before the cadet is assigned to a post or position as a correctional officer. (13) The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act requires the Emergency Medical Services Authority to establish the training, scope of practice, and continuing education for an Emergency Medical Technician-I (EMT-I) . The act authorizes the authority or other entity certifying an EMT-I to deny, suspend, or revoke an EMT-I license for certain enumerated actions to protect the public health and safety, including, among other actions, the commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel, unprofessional conduct exhibited by the commission of specified sexually related offenses, and the addiction or misuse of controlled substances. This bill would authorize the Department of Forestry and Fire Protection (CAL-FIRE) to grant statewide certification to an individual as an Emergency Medical Responder (EMR) , regardless of whether he or she committed any of the above-described enumerated actions unless the action was committed after he or she received certification, if the individual is a graduate of a specified CAL-FIRE training program, received a letter of recommendation from the Director of CAL-FIRE, and, while participating in the training program, was working toward a high school diploma or its equivalent, unless he or she already earned one. This bill would also authorize CAL-FIRE to grant a provisional certification as an EMR for a period of up to two 2-year certification cycles, but for no more than 4 years. The bill would require the authority to promulgate emergency regulations for the process of establishing the certification process pursuant to these provisions. (14) Existing law requires law enforcement agencies to report specified information regarding certain rape kit evidence, within 120 days of the collection of the kit, to the Department of Justice through a database established by the department. Existing law requires money received by the Office of Emergency Services from the federal Office on Violence Against Women to be used before appropriating money from the General Fund for purposes of reimbursing any costs mandated by the state to a local law enforcement agency by that law. This bill would remove the requirement that money received by the Office of Emergency Services from the federal Office on Violence Against Women be used before appropriating money from the General Fund to reimburse local law enforcement agencies. (15) Under existing law, the Commission on Peace Officer Standards and Training (CPOST) is responsible for developing and implementing programs to increase the effectiveness of law enforcement. The commission is required to adopt rules establishing minimum standards relating to physical, mental, and moral fitness governing the recruitment of specified peace officers. This bill would establish, until January 1, 2025, the Innovations Grant Program to be developed and administered within CPOST, for the purpose of providing competitive grants to qualified public and private entities for the purpose of developing and providing training, as specified, to law enforcement officers, with the goal of reducing officer-involved shootings. (16) Existing law creates the State Penalty Fund into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Existing law creates the Peace Officers' Training Fund, a continuously appropriated fund, and requires CPOST to annually allocate from the fund to each city, county, district, or joint powers agency that has applied and qualified for aid a grant amount determined by CPOST, as specified. Existing law authorizes CPOST to establish and levy appropriate fees in carrying out specified responsibilities relating to training and certifying reserve officers, and requires those fees to be deposited in the Peace Officers' Training Fund. Existing law requires an additional fee of $3 for the issuance of a permit for the disposition of human remains to be payable to the local registrar of births and deaths, and requires the local registrar of births and deaths to pay $1 of that $3 fee into the Peace Officers' Training Fund. This bill would instead require those fees to be deposited and paid into the State Penalty Fund. The bill would also, commencing July 1, 2019, require CPOST to instead annually allocate from the State Penalty Fund to each city, county, district, or joint powers agency that has applied and qualified for aid an amount determined by the commission. (17) Existing law establishes the Corrections Training Fund, a continuously appropriated fund, for purposes of funding the costs of administration, the development of appropriate standards, the development of training, and program evaluation relating to establishing standards and training for local correctional officers and probation officers by the Board of State and Community Corrections. This bill would instead make moneys in the fund available upon appropriation for the costs of administration, the development of appropriate standards, the development of training, and program evaluation relating to establishing standards and training for local correctional officers and probation officers by the Board of State and Community Corrections. The bill would abolish the fund on June 30, 2021, and any funds remaining would be reverted to the State Penalty Fund. (18) Existing law authorizes the Director of General Services, with the consent of the state agency involved, to lease certain real or personal state property for a period of not to exceed 5 years. Existing law authorizes the director to let for a period of not to exceed 5 years, and at less than fair market rental, a parcel of up to 5 acres of real property of the state to a public agency for use as a nonprofit, self-help community vegetable garden and for related supporting activities, subject to specified conditions. This bill would, notwithstanding these provisions, authorize the Director of General Services to let, at less than fair market rental value, facilities operated by CDCR. The bill would require the criteria and the process for exempting these leases or subleases from fair market value to be published in the State Administrative Manual, and would require the Department of General Services to report to the Joint Legislative Budget Committee annually on these new leases or subleases. (19) Existing law imposes certain restrictions on the acquisition of motor vehicles and general use mobile equipment by state agencies, including a prohibition against state agencies acquiring motor vehicles or surplus mobile equipment until the Department of General Services has investigated and established the necessity for the acquisition. Existing law exempts a district agricultural association from these provisions. This bill would also exempt the Prison Industry Authority from these provisions. (20) Existing law authorizes the State Public Works Board to issue up to $870,074,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities. This bill would reduce to $867,434,000 the amount of revenue bonds, notes, or bond anticipation notes that may be authorized by the board for those facilities. (21) 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 no reimbursement is required by this act for a specified reason. (22) This bill would appropriate $1,853,000 from the General Fund to CDCR to fund the Corcoran Levee Assessment. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.