Public safety.

(1) Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy, within the Department of Consumer Affairs, to license and regulate the practice of pharmacy and makes a knowing violation of its provisions a crime. Other existing law authorizes the Department of Corrections and Rehabilitation to maintain and operate a comprehensive pharmacy services program for facilities under its jurisdiction and requires the program to incorporate a statewide Correctional Pharmacy and Therapeutics Committee with prescribed responsibilities (program committee) . The Pharmacy Law provides for the licensure of correctional clinics and correctional pharmacies. The Pharmacy Law defines "correctional pharmacy" to mean a pharmacy, licensed by the board, located within a correctional facility for the purpose of providing drugs to a correctional clinic and providing pharmaceutical care to inmates of the correctional facility. This bill would revise the definition of "correctional pharmacy" to mean a pharmacy licensed for the purpose of providing drugs and pharmaceutical care to inmates of the Department of Corrections and Rehabilitation and would not require that the correctional pharmacy be located within a correctional facility. The Pharmacy Law requires the program committee to develop and approve policies and procedures to implement the correctional clinic provisions. The Pharmacy Law requires the pharmacist-in-charge of the correctional facility to implement those policies and procedures and the statewide Inmate Medical Services Policies and Procedures in conjunction with specified persons. The Pharmacy Law authorizes the location of an automated drug delivery system (ADDS) in a board-licensed correctional clinic and, if so located, also requires the correctional clinic to implement the above policies and procedures, as prescribed. This bill would require implementation of the California Correctional Health Care Services Health Care Department Operations Manual (operations manual) in lieu of the statewide Inmate Medical Services Policies and Procedures. The Pharmacy Law requires a correctional facility pharmacist to inspect the clinic at least quarterly. This bill would require that a correctional clinic be inspected at least quarterly by a pharmacist of the correctional pharmacy assigned to service that facility. The Pharmacy Law requires that drugs be removed from a correctional clinic ADDS upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patient profile for potential contraindications and adverse drug reactions. The Pharmacy Law authorizes a medication to be removed from the ADDS and administered or furnished to a patient under the direction of the prescriber if the correctional pharmacy is closed and if, in the prescriber's professional judgment, delay in therapy may cause patient harm. The Pharmacy Law also authorizes the removal and administering or furnishing of a drug to a patient pursuant to a protocol in the statewide Inmate Medical Services Policies and Procedures where the drug is otherwise unavailable. Existing law authorizes removal of drugs from the ADDS only by a person lawfully authorized to administer or dispense the drugs. This bill would revise those provisions to allow removal and administering or furnishing of a drug under the direction of the prescriber if administration is necessary before a pharmacist has reviewed the prescription, instead of if the correctional pharmacy is closed, and delay in therapy may cause patient harm. The bill would require the protocol followed to be in the operations manual. The bill would additionally allow a person authorized to stock the correctional clinic ADDS to remove drugs from it. Because a knowing violation of these requirements would be a crime, the bill would impose a state-mandated local program. (2) Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. This bill would prohibit a postsecondary educational institution in this state, except as provided, from inquiring about a prospective student's criminal history on an initial application form or at any time during the admissions process before the institution's final decision relative to the prospective student's application for admission. By imposing new duties on community college districts, this bill would impose a state-mandated local program. (3) Existing law authorizes the State Public Defender to represent any person financially unable to employ appellate counsel in capital cases, and in specified noncapital appeals. The State Public Defender is authorized to employ deputies and other employees, and establish and operate offices, as they may need for the proper performance of their duties, and to contract with county public defenders, private attorneys, and nonprofit corporations for participation in the representation of eligible persons. Existing law authorizes the office of the State Public Defender to hire specified additional staff attorneys and support staff. Existing law requires the State Public Defender to formulate plans for the representation of indigents in specified courts, as provided. This bill would additionally require the State Public Defender to, among other things, provide training and assistance to specified public defender offices and to other specified counsel appointed to represent indigent defendants in specified matters. The bill would additionally authorize the State Public Defender to provide representation to an eligible person where providing the representation is in furtherance of the primary missions of the State Public Defender or that would impact the resolution of death penalty claims. The bill would repeal that provision authorizing the State Public Defender to hire additional staff attorneys and support staff. The bill would also repeal those provisions requiring the State Public Defender to formulate plans for the representation of indigents in specified courts, as specified above. This bill would also revise and recast certain other provisions relating to the State Public Defender and make conforming changes. (4) Existing law authorizes the Department of Corrections and Rehabilitation to design and construct new, or renovate existing, buildings and any necessary ancillary improvements at facilities under the department's jurisdiction to provide medical, dental, and mental health treatment or housing. Existing law limits financing pursuant to this authorization to specified facilities and projects, including all projects established by the board in the Health Care Facility Improvement Program. Under existing law, costs for design and construction, including renovation, and construction-related costs for all projects approved for financing by the State Public Works Board may not exceed $1,139,429,000. Existing law continuously appropriates the funds derived from interim financing, revenue bonds, negotiable notes, or negotiable bond anticipation notes issued pursuant to these provisions to the board on behalf of the department for these purposes. This bill would increase the maximum amount of costs authorized for the purposes described above to $1,171,961,000. The bill would make the additional $32,532,000 available for allocation to any project established by the board in the Health Care Facility Improvement Program, subject to existing requirements, including that each allocation be approved by the board and that the Department of Finance report specified information regarding the project to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature at least 20 days before the board's approval. By increasing the amount of funds that are continuously appropriated to the board on behalf of the department for these purposes, the bill would make an appropriation. (5) Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. Existing law, on and after July 1, 2021, authorizes a person to file a petition in the superior court for termination from the sex offender registry upon the expiration of their mandated minimum registration period. Existing law requires the petition to be served on the registering law enforcement agency and the district attorney, as specified. Existing law requires the registering law enforcement agency to report to the district attorney and the superior or juvenile court in which the petition is filed regarding whether the person has met the requirements for termination. This bill would instead authorize a person to file a petition in the superior court for termination from the sex offender registry on or after their birthday following the expiration of their mandated minimum registration period. The bill would require the registering law enforcement agency to report receipt of service of a filed petition to the Department of Justice, in a manner prescribed by the department. By imposing additional duties on local law enforcement agencies, this bill would create a state-mandated local program. The bill would additionally authorize the court to summarily deny a petition for termination from the sex offender registry if the petitioner has not fulfilled the filing and service requirements for the petition, as specified. (6) Existing law, commencing January 1, 2021, and subject to an appropriation in the annual Budget Act, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and to identify persons who are eligible for arrest record relief or automatic conviction record relief by having their arrest records, or their criminal conviction records, withheld from disclosure or modified, as specified. This bill would delay the implementation of these provisions until July 1, 2022. (7) Existing law authorizes the Department of Corrections and Rehabilitation to arrange for court appearances in superior court, except for preliminary hearings, trials, judgements and sentencing, and motions to suppress, to be conducted by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom in any case in which the defendant is charged with a misdemeanor or a felony and is currently incarcerated in the state prison. For those court appearances that the department determines to conduct by two-way electronic audiovideo communication, existing law requires the department to arrange for that communication between the superior court and any state prison facility in the county, and, in lieu of the physical presence of the defendant's counsel at the institution with the defendant, requires the court and the department to establish a confidential telephone and facsimile transmission line between the court and the institution for communication between the defendant's counsel in court and the defendant at the institution. This bill would instead limit the above-specified exception to preliminary hearings and trials, and, if the defendant agrees, would authorize preliminary hearings and trials to be held by two-way electronic audiovideo communication. The bill would instead require the department to arrange for that communication between the superior court and any state prison facility, would delete the department's obligation to establish the above-referenced facsimile transmission line, and would make conforming changes. (8) Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. This bill would authorize a judge in the superior court in which a misdemeanor is being prosecuted to offer misdemeanor diversion to a defendant over the objection of a prosecuting attorney. The bill would authorize the judge to continue a diverted case for a period not to exceed 24 months and order the defendant to comply with the terms, conditions, and programs the judge deems appropriate based on the defendant's specific situation. The bill would require the judge, at the end of the diversion period and if the defendant complies with all required terms, conditions, and programs, to dismiss the action against the defendant, and would deem the arrest upon which diversion was imposed to have never occurred, as specified. The bill would authorize the court to end the diversion and order resumption of the criminal proceedings if the court finds that the defendant is not complying with the terms and conditions of diversion. (9) Under existing law, felonies are punishable by imprisonment in a county jail or in the state prison. Existing law imposes additional enhancements for certain crimes that may also be punishable in a county jail or the state prison, as specified. Existing case law requires that an entire sentence be punished by imprisonment in the state prison, including a sentence punishable in a county jail, if an applicable enhancement is punishable in state prison. This bill would make an enhancement punishable in a county jail or the state prison as required by the underlying offense and not as required by the enhancement. Because this provisions would transfer responsibility for punishing existing crimes from the state prison to counties, this bill would impose a state-mandated local program. (10) Existing law requires the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program, known as the Integrated Services for Mentally Ill Parolees (ISMIP) program, that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. This bill would repeal the ISMIP program. (11) Existing law allows the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, or both, to recommend to a court that a prisoner's sentence be recalled if the prisoner is terminally ill or permanently incapacitated. If the prisoner has been sentenced to an indeterminate term, existing law requires the secretary to make a recommendation to the Board of Parole Hearings and requires the board to exercise independent judgment in either rejecting the request or making a recommendation to the court. Upon recommendation, existing law allows the court to resentence the prisoner if, among other things, the prisoner is terminally ill and has less than 6 months to live. Existing law also makes these provisions available to an inmate who is sentenced to a county jail for a felony. This bill would instead authorize the court to resentence or recall the sentence of a terminally ill prisoner if the prisoner has less than 12 months to live. The bill would remove the authority of the board to recommend recall and resentencing and the requirement that the secretary notify the board for its independent consideration in the case of an indeterminately sentenced prisoner. By increasing county administrative duties associated with resentencing, or recalling the sentence of, inmates pursuant to these provisions, this bill would impose a state-mandated local program. (12) Existing law requires a sentence resulting in imprisonment in the state prison to include a period of parole supervision or postrelease community supervision, as specified. Existing law limits the period of parole, as specified. This bill would require persons released from state prison on or after July 1, 2020, and subject to parole supervision by the Department of Corrections and Rehabilitation, to serve a parole term of 2 years for a determinate term and a parole term of 3 years for a life term. The bill would require a person released on parole from a determinate term to be reviewed by the Division of Adult Parole Operations for possible discharge from parole no later than 12 months after release from confinement, as specified. The bill would require a person released on parole from a life term to be reviewed by the Division of Adult Parole Operations and referred to the Board of Parole hearings for possible discharge no later than 12 months after release from confinement. The bill would exempt inmates convicted of sex offenses and inmates whose parole term at the time of the commission of the offense was less than the terms required by these provisions. (13) Existing law establishes the Elderly Parole Program for the purpose of reviewing the parole suitability of inmates who are 60 years of age or older and who have served a minimum of 25 years of continuous incarceration on their sentence. This bill would modify the minimum age limitation for that program to 50 years of age and instead require the inmate to have served a minimum of 20 years of continuous incarceration in order to be eligible for that program. (14) Existing law grants the Department of Corrections and Rehabilitation authority to operate the state prison system and gives the department jurisdiction over various state prisons and other institutions. This bill would require the Department of Corrections and Rehabilitation to notify the budget committees of each house and the Legislative Analyst's Office, by specified dates, of 2 state-owned and operated prisons for closure. In making that identification, the bill would require the department to consider certain criteria, including which prisons have high operational costs and costly infrastructure needs, as specified. (15) Existing law requires the Department of Justice to maintain a database of state summary criminal history information, as defined, and requires the Attorney General to furnish that information to specified individuals, organizations, and agencies when necessary for the execution of official duties or to implement a statute or regulation. Existing law requires the Attorney General to provide information to specified agencies, organizations, or individuals for employment, licensing, or certification, including every conviction rendered against the applicant, except those convictions for which specified relief has been granted. Under existing law, the department is required to provide state and federal criminal history information to the Commission on Teacher Credentialing. This bill would require the Attorney General to provide information to the Commission on Teacher Credentialing on every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted. (16) Under existing law, a licensed firearms dealer or licensed ammunition vendor is automatically deemed a licensed firearm precursor part vendor beginning July 1, 2023, if they comply with specified requirements. Existing law, beginning July 1, 2024, requires the sale of firearm precursor parts to be conducted by or processed through a licensed firearm precursor part vendor and prohibits the sale of firearm precursor parts to a person under 21 years of age. Beginning July 1, 2024, existing law requires a person or business to have a valid firearm precursor part vendor license to sell more than one firearm precursor part in a 30-day period, except as exempted. Under existing law, a violation of these provisions is a misdemeanor. Existing law, beginning July 1, 2025, requires the Department of Justice to electronically approve the purchase or transfer of firearm precursor parts through a vendor. Beginning July 1, 2025, existing law requires a vendor to submit records of sales and transfers of firearm precursor parts to the department, and requires the department to retain those records. This bill would instead automatically deem a licensed firearms dealer or licensed ammunition vendor to be a licensed firearm precursor part vendor beginning April 1, 2022. Beginning July 1, 2022, the bill would require the sale of firearm precursor parts to be conducted by or processed through a licensed firearm precursor part vendor and would require a person or business to have a valid firearm precursor part vendor license to sell more than one firearm precursor part in a 30-day period. The bill would require the Department of Justice to electronically approve the purchase or transfer of firearm precursor parts through a vendor beginning July 1, 2022, and would require a vendor to submit records of sales and transfers of firearm precursor parts to the department beginning July 1, 2022. By accelerating the operative dates of crimes, the bill would impose a state-mandated program. (17) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, "assault weapon" means, among other things, a semiautomatic centerfire rifle, a semiautomatic shotgun, or a semiautomatic pistol that does not have a fixed magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip. This bill would expand the definition of "assault weapon" to include a semiautomatic firearm that is not a rifle, pistol, or shotgun, that either does not have a fixed magazine but has any one of the attributes currently associated with assault weapons, as specified, that has a fixed magazine with the capacity to accept more than 10 rounds, or that has an overall length of less than 30 inches. The bill would provide an exception to the prohibition on possessing an assault weapon that is not a rifle, pistol, or shotgun if the person lawfully possessed the weapon prior to July 1, 2020, and registers the weapon by January 1, 2022, as specified. The bill would require the Department of Justice to adopt regulations to implement these registration requirements. By expanding the application of a crime, this bill would impose a state-mandated local program. (18) Existing law authorizes the Department of Justice to provide an option for joint registration of an assault weapon owned by family members residing in the same household. This bill would prohibit the joint registration of an assault weapon that is not a rifle, pistol, or shotgun. (19) Existing law requires the Division of Juvenile Justice to establish and operate a 7-year pilot program for transition-aged youth. Existing law suspends that program on July 1, 2020. This bill would allow participants in the pilot program who were housed at the Division of Juvenile Justice prior to January 1, 2020, to remain at the Division of Juvenile Justice pursuant to the terms of the program. (20) 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. (21) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.