Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and maintain classes for incarcerated persons utilizing institutional personnel or entering into an agreement with the governing board of a school district or private school. Existing law requires the department to develop and implement a plan to obtain additional rehabilitation and treatment services for incarcerated persons and parolees. Existing law requires that plan to include, among other things, filling vacant state staff positions that provide direct and indirect rehabilitation services, or obtaining services from local governments and contractors to assist with treatment for parolees and incarcerated persons. This bill would require the department to establish a 3-year pilot program at 2 institutions that would provide access to specified mental health therapy for certain incarcerated persons not classified by the department to receive mental health treatment from the institution. The bill would require communications during therapy sessions, as specified, between the incarcerated person and assigned therapist to be confidential. The bill would require the California Correctional Health Care Services to be the custodian of records for treatment records generated under this pilot program. The bill would require the department to report certain information to the fiscal and appropriate policy committees of the Legislature, from March 1, 2028, to March 1, 2031. The bill would make related findings and declarations.
Existing law subjects a minor between 12 and 17 years of age, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law assigns various responsibilities relating to these individuals to the probation officer, including, among others, the responsibility to supervise minors placed on probation. This bill would require the County of Los Angeles to implement a body-worn camera program for the County of Los Angeles Probation Department (probation department) . The bill would require the county, the probation department, and affected employee organizations to develop the body-worn camera policy and a plan for implementing the body-worn camera program by no later than June 1, 2027. The bill would require the body-worn camera program to be implemented beginning on January 1, 2028. The bill would specify the minimum requirements for the policy, including the best practices for officer review of recorded body-worn camera data. Because this bill would create new duties for the County of Los Angeles and the County of Los Angeles Probation Department, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the board. Existing law authorizes the board to grant for pecuniary loss, when the board determines that it will best aid the person seeking compensation, as specified. Existing law authorizes the board to reimburse, among other things, the amount of medical or medical-related expenses and outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, as specified. This bill would also authorize the board to reimburse the expense of tuition at an educational institution, not to exceed $10,000, to a full- or part-time student who is a victim of sexual assault or violence if the victim is unable to continue attendance or suffers an academic setback, as described. The bill would authorize the board to limit compensation to the term the crime occurred and the immediately following term, and would require the calculation of an award based on certain factors, as specified. By expanding the board's authorization for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation.
Existing law affords a defendant in a criminal case a federal and state constitutional right to have the assistance of counsel for the defendant's defense. Under existing law, if the defendant in a criminal case is unable to employ counsel, the court is required to assign counsel to defend them, as specified. Under existing law, one of the primary responsibilities of the State Public Defender is to engage in efforts to improve the quality of indigent defense. Existing law authorizes the State Public Defender to administer and award grants to improve indigent defense services. This bill would state the intent of the Legislature to enact legislation that would establish the California Indigent Defense Commission, an entity responsible for ensuring that indigent defense services meet constitutional and professional standards.
Existing law makes it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. Under existing law, intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution, as specified. This bill would instead provide that a person is guilty of the above-described crime only if they take a direct but ineffectual act that goes beyond planning or preparation towards commission of the crime that indicates a definite and unambiguous intent to purchase commercial sex. The bill would not require the act to be a completed communication.
Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and childcare centers. Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities. Existing law requires the department to issue an exemption from disqualification to certain applicants who have been convicted of an offense, if the individual's state and federal criminal history information independently supports a reasonable belief that the applicant is of present good character necessary to justify the granting of an exemption, as specified. Existing law authorizes the department to use its discretion in evaluating a an individual for the purposes of making an exemption decision, as necessary to protect the health and safety of a child. This bill would require the department to issue an exemption from disqualification for current or former foster youth who have been convicted of certain offenses that occurred prior to the individual reaching 21 years of age and the youth will be employed in a peer support capacity and not a caregiving capacity and would not require any additional evidentiary showing.
Existing law authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law excludes a defendant from diversion for specified charged offenses, including, among others, murder, voluntary manslaughter, rape, or continuous sexual abuse of a child, as specified. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent, establishes a process by which a defendant's mental competency is evaluated, and requires a court, before ordering a defendant to be committed to the State Department of State Hospitals or other treatment facility, to hear and determine whether the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication, as specified. This bill would revise the eligibility requirement by prohibiting the court from finding the defendant eligible solely based on the defendant's diagnosis of a mental disorder and would additionally require the court to find that the defendant is not mentally incompetent. The bill would require the defendant, in order to be eligible, to provide a written diagnosis of a mental disorder, from within the preceding 2 years, to the court and the prosecution, as specified. The bill would additionally exclude a defendant from diversion if they were charged with theft or an attempted theft offense, if the crime was carried out in a manner demonstrating planning, sophistication, or professionalism. The bill would also, unless the parties stipulate to defendant's placement in diversion, prohibit placement if the defendant has been charged with a violent felony, as specified, or certain felony offenses involving domestic violence. The bill would remove the court's authority to grant diversion or other forms of treatment when a defendant is mentally incompetent. Existing law prohibits a person subject to specified protective orders from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own. This bill would authorize the court, for a defendant charged with a crime involving domestic violence that has completed mental health diversion, to issue an order, for up to 10 years, restraining the defendant from contact with the victim, as specified. The bill would additionally require an individual subject to a protective order through the above-described provisions to relinquish their firearms or ammunition. The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified. This bill would require that the court order restitution to the victim or victims if a defendant participates in a diversion program. This bill would make other conforming changes.
Existing law, the Trial Jury Selection and Management Act, governs the selection of jurors and formation of trial juries for civil and criminal cases in all trial courts of the state. Existing law requires the judge in a criminal action or proceeding alleging a violent felony, prior to discharging the jury, to provide specified information to trial jurors regarding mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. This bill would authorize the County of Santa Cruz and two other counties, selected by the Judicial Council, to conduct a pilot program for the provision of no-cost mental health services to jurors and alternate jurors following the receipt of a verdict in a criminal action or proceeding alleging a violent felony, as defined. The bill would require the Judicial Council to enter into a memorandum of understanding with the behavioral health directors of the participating counties for the purposes of providing the above-described mental health services, and would require the memorandum of understanding to include, among other things, the number of no-cost mental health sessions available to jurors. The bill would require the participating counties to terminate the pilot program no later than January 1, 2034, and would require the counties to report specified information regarding the pilot program to the Judicial Council. The bill would require the Judicial Council to provide a report to the Legislature no later than July 1, 2035, regarding the pilot program, and would require the report to include the number of jurors who were offered mental health resources pursuant to this program and recommendations for improving outreach and access to mental health services for jurors. The bill would repeal these provisions on January 1, 2036.
Existing law generally authorizes a court to, in the furtherance of justice, dismiss a sentencing enhancement, except if dismissal of that enhancement is prohibited by an initiative statute. Existing law provides for various sentencing enhancements, including, among others, enhancements for the use of a firearm in the commission of a felony or attempted felony, or for the damaging of property in the commission or attempted commission of a felony. This bill would require the court to impose an additional and consecutive 2-year term of state imprisonment for individuals convicted of committing a qualifying criminal activity, as specified, against a person who is an undocumented individual. By creating a new sentencing enhancement, this bill would impose a state-mandated local program. 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.
Existing law requires a court to consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation. Existing law states that it is the intent of the Legislature that the disposition of any criminal case use the least restrictive means possible. This bill would make a technical, nonsubstantive change to this provision.
