Public Safety Omnibus.

(1) Existing law establishes certain minimum standards for public officers or employees declared by law to be peace officers. The minimum education requirement is high school graduation, passing an equivalency test or high school proficiency examination, graduating from a private high school, or attaining a 2-year, 4-year, or advanced degree from an accredited institution. Existing law requires that accreditation must be from a body recognized by the United States Department of Education or holding a full membership in specified organizations. This bill would revise the accreditation standards for high schools, colleges, and universities to include those holding a full membership in Cognia. (2) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act, authorizes a person currently convicted of a specified offense who would have not been guilty of an offense, or guilty of a lesser offense, under the act, if the act had been in effect at the time of the conviction, may petition or apply to have the sentence reduced, or if they have completed their sentence, to have the conviction dismissed and the record sealed in accordance with the act. This bill would clarify that the above relief applies to any person who would not have been found guilty of their convicted offense had the act been in effect at the time of conviction. (3) Existing law punishes animal neglect by making it a misdemeanor to permit an animal to be in a building, street, lot, or other public place without proper care and attention. Existing law also authorizes a peace officer or other public entity to take possession of the animal and impose a lien on the animal for the costs of caring for the animal. This bill would repeal provisions that are duplicative of existing law. (4) Existing law authorizes a prosecutor to prosecute a minor in a court of criminal jurisdiction, without first having a proceeding about whether the minor is a fit subject for juvenile court, in certain circumstances. Existing law requires that if the minor is not transferred to a juvenile court, either before or after conviction, they shall receive the same sentence as an adult. Existing law, the Public Safety and Rehabilitation Act of 2016, as enacted by Proposition 57 at the November 8, 2016, statewide general election, requires a prosecutor to first petition a juvenile court for a transfer to a court of criminal jurisdiction before criminal proceedings against a minor can begin in a court of criminal jurisdiction. This bill would repeal those provisions that authorize a prosecutor to begin a criminal case against a minor in a criminal court and that would impose an adult sentence for a minor convicted in criminal court and not transferred to juvenile court. (5) Existing law requires the clerk of the court to mail statements filed by specified individuals, including the judge, district attorney, and probation officer, along with charging documents, a copy of waiver and plea forms, and other specified documents, to the prison or other institution to which the person convicted is delivered. Existing law also requires the clerk to, among other things, mail a copy of any statement submitted by the attorney for the defendant to the district attorney. This bill would authorize the clerk of the court to deliver these documents by electronic means rather than by mail, if the recipient consents and is not the person convicted. (6) Existing law requires that the terms of probation granted to a person who has been convicted of domestic violence include, among other things, successful completion of a batterer's program or, if a batterer's program is not available, another appropriate counseling program. Existing law requires a batterer's program to be approved by the probation department and specifies the standards for approving batterer's programs. Existing law, until July 1, 2022, authorizes the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to offer an alternative program for individuals convicted of domestic violence. This bill would extend the authorization for those counties to offer an alternative program until July 1, 2023. (7) Existing law allows a person convicted of any infraction or misdemeanor, or any felony for which the person was granted probation or participated as an incarcerated member of a hand crew in the California Conservation Camp program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. This bill would clarify that individuals who have been convicted of specified crimes are ineligible for this relief. (8) Existing law generally prohibits a person sentenced to imprisonment in a county jail from being administered any psychiatric medication without the inmate's prior informed consent. Existing law, until January 1, 2022, provides additional protections to an inmate confined in a county jail from involuntarily being administered psychiatric medication, including a requirement that a jail first make a documented attempt to locate an available bed for the inmate in a community-based treatment facility in lieu of seeking to administer involuntary medication and a requirement that any court-ordered psychiatric medication be administered in consultation with a psychiatrist who is not involved in the treatment of the inmate at the jail, if one is available. Under existing law, until January 1, 2022, if the inmate is awaiting resolution of a criminal case, requires that a hearing to administer involuntary medication on a nonemergency basis be held before, and any requests for ex parte orders be submitted to, a judge in the superior court where the criminal case is pending and sets specified limits on the amount of time those orders are valid. Existing law repeals these additional protections on January 1, 2022, at which time previously operative provisions of existing law become operative again. This bill would extend the operation of these provisions until January 1, 2025. (9) Existing law requires the Department of Corrections and Rehabilitation to conduct an Institutional Classification Committee review for every youth offender to provide special classification consideration, as specified. Under existing law, a youth offender is required to be considered for placement at a lower security level than the level that corresponds with their classification score, or placement in a facility that permits increased access to programs, based on the Institutional Classification Committee review, as specified. The bill would require the department to automatically grant a youth offender a lower security level than the level that corresponds with that individual's classification score or placement in a facility that permits increased access to programs. The bill would require youth offenders who have committed serious in-custody offenses to be reviewed by a classification committee. (10) Existing law establishes the Board of Parole Hearings that is composed of 17 commissioners appointed by the Governor, and subject to Senate confirmation, for staggered 3-year terms. Under existing law, the board conducts parole consideration hearings, parole rescission hearings, and parole progress hearings for adults, among other responsibilities. Existing law requires the board, when it performs its functions by meeting en banc in either public or executive sessions to decide matters of general policy, to have at least 7 members present. This bill would instead require the board to have at least a majority of commissioners holding office on the date the matter is heard present. Existing law authorizes the board to meet and transact business in panels. Existing law requires, in the event of a tie vote, that matter be referred to a randomly selected committee composed of a majority of the commissioners specifically appointed to hear adult parole matters and who are holding office at the time. This bill would instead require that matter be referred for an en banc review by the board, with the commissioners involved in the tie vote recused from the review. The bill would require the commissioners conducting the review to consider the full record that was before the panel that resulted in the tie vote, and would limit the review to that record. (11) Existing law permits the Attorney General to furnish state summary criminal history information, as defined, to specified individuals, organizations, and agencies upon a showing of compelling need. Existing law makes it a misdemeanor for a person authorized to receive the state criminal history information to furnish the information to an unauthorized person. This bill would additionally permit the Attorney General to furnish that information to the Governor when the Governor recommends to the Director of the Selective Service System applicants for appointment to the state's Selective Service System local boards. By creating a new law changing the scope of a crime, this bill would impose a state-mandated local program. (12) Existing law requires the Department of Justice, upon appropriation by the Legislature, to establish and maintain the Violent Crime Information Network within the Violent Crime Information Center in the department, to enable the department crime analysts with expertise in child abuse, missing persons, child abductions, and sexual assaults to electronically share their data, analysis, and findings on violent crime cases, as specified. This bill would remove the requirement that the department establish and maintain the Violent Crime Information Network, and instead require the department to employ, upon the appropriation of funds by the Legislature, those crime analysts and require those analysts to electronically share their data, as specified. Existing law requires the Attorney General, upon appropriation by the Legislature, to establish and maintain the Violent Crime Information System to track and monitor violent offenders and their activities, as specified. This bill would instead require the Attorney General, upon appropriation by the Legislature, to establish and maintain the California Sex and Arson Registry to track and monitor offenders and their activities. (13) Existing law establishes the Division of Juvenile Justice within the Department of Corrections and Rehabilitation to operate facilities to house specified juvenile offenders. Existing law establishes the Commission on Correction Peace Officer Standards and Training (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 of Corrections and Rehabilitation, one of whom represents either the Division of Juvenile Justice or the Division of Rehabilitative Programs. Existing law requires the Division of Juvenile Justice to close on June 30, 2023. This bill would make conforming changes to the above provision to reflect the closure of the Division of Juvenile Justice by requiring that after June 30, 2023, one voting member of the CPOST represent the Division of Rehabilitative Programs or the Division of Adult Parole Operations. (14) Existing law categorizes certain weapons, including nunchaku, as generally prohibited weapons, and, except as specified, subjects a person who manufactures, imports, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses, any nunchaku to imprisonment in a county jail, as specified. Existing law also declares nunchaku to be a nuisance and authorizes the Attorney General, a district attorney, or a city attorney to bring an action to enjoin any of the activities stated above. This bill would remove nunchaku from the list of generally prohibited weapons and repeal its designation as a nuisance. The bill would clarify that a "billy," "blackjack," or "slungshot" does not include a nunchaku. (15) This bill would make additional technical, nonsubstantive changes. (16) 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.