Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe rules and adopt regulations for the administration of the prisons and administration of the parole of specified persons. Existing law provides that in general, these regulations shall be adopted pursuant to the Administrative Procedure Act, but exempts from that requirement regulations relating to pilot programs that are legislatively authorized or mandated, or departmentally authorized, as specified. Existing law requires a regulation adopted under that exemption to be repealed by operation of law, 2 years after the commencement of the pilot program being implemented unless the regulation is adopted, amended, or repealed pursuant to the Administrative Procedure Act. Existing law requires 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, except as specified. Under the authority of those provisions, the department established the Youth Offender Program Camp Pilot Program, with the purpose of the program being to encourage youth offenders to commit to positive change and self-improvement with the goal of being law-abiding members of society upon release and to provide youth the opportunity to receive wildland firefighting training. This bill would require the secretary to make permanent the Youth Offender Program Camp Pilot Program, and authorize the secretary to expand the program to include some or all of California Conservation Camps.
Under existing law, a prisoner can reduce their term of imprisonment by earning credit for, among other things, continuous incarceration, good behavior, and participation in approved rehabilitative programming. Existing law makes an inmate of a county jail or state prison who has completed training for assignment to a conservation camp, state or county facility, or a correctional institution as an inmate firefighter, or who is assigned to a state or county facility or a correctional institution as an inmate firefighter, and who is eligible to earn one day of credit for every one day of incarceration, instead eligible to earn 2 days of credit for every one day served in that assignment or after completing that training. Existing law authorizes a juvenile court to order placement of a ward at the Pine Grove Youth Conservation Camp if specified criteria are met, including if the county has entered into a contract with the Department of Corrections and Rehabilitation and the department has found the ward amenable. Existing law authorizes the department to enter into contracts with counties to operate the Pine Grove Youth Conservation Camp through a state-local partnership, or other management arrangement, to train justice-involved youth, as specified, in wildland firefighting skills. This bill would require an incarcerated individual hand crew member, in addition to receiving credits, and a ward or youth hand crew member placed at the Pine Grove Youth Conservation Camp to be paid an hourly wage equal to $7.25 while assigned to an active fire incident. The bill would require that wage rate to be reviewed annually. The bill would require the Department of Corrections and Rehabilitation and counties to maintain regulations regarding an administrative adjudication and remedy process for any disputes over sums owned pursuant to these provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Commission on Peace Officer Standards and Training, and requires the commission to, among other things, establish a certification program for peace officers, as defined. Existing law requires the commission to establish procedures for accepting complaints from members of the public regarding peace officers or law enforcement agencies that may be investigated. Existing law establishes, within the commission, the Peace Officer Standards Accountability Division and requires the division, among other things, to bring proceedings seeking the suspension or revocation of certification of a peace officer. Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. This bill would additionally exempt agreements between an employing agency and a peace officer that, among other things, require the agency to destroy, remove, or conceal a record of a misconduct investigation. The bill would declare that its provisions are severable. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by AB 847 and AB 1178, to be operative only if this bill and AB 847 or AB 1178 are enacted and this bill is enacted last. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
Existing law requires law enforcement agencies to maintain policies on specified subjects, including, among others, the use of force, gun violence restraining orders, and responding to domestic violence calls. This bill would require each municipal police department and county sheriff's department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments to, on or before January 1, 2027, develop, adopt, and implement written policies and standards to promote safe, consistent, and effective service, implementation, and enforcement of court protection and restraining orders that include firearm access restrictions. The bill would require these policies and standards to, among other things, provide a standard agency process for law enforcement to serve an order against a restrained person in a timely manner and ensure the agency consistently complies with specified requirements under California law governing service of protection and restraining orders. By expanding the duties of local law enforcement, 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, 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 defines rape as an act of sexual intercourse accomplished under certain circumstances, including with a person not the spouse of the perpetrator where the person is incapable of giving legal consent because of a mental disorder or developmental or physical disability. This bill would remove the spousal exception from this definition of rape. By expanding the scope of a crime, 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 sets forth filing fees and other civil fees for superior courts. Existing law requires certain applicants to be granted initial permission to proceed without paying court fees and costs because of the applicant's financial condition, including an applicant whose monthly income is 200% or less of the current poverty guidelines, as specified. This bill would prohibit veterans disability service-connected compensation from being included in monthly income for purposes of that provision.
Existing law provides for the exclusion of a prospective juror from a trial jury by peremptory challenge. Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of, among other things, the prospective juror's race, ethnicity, or gender. Existing law allows a party, or the trial court on its own motion, to object to the use of a peremptory challenge based on these criteria. Upon objection, existing law requires the party exercising the challenge to state the reasons the peremptory challenge has been exercised. Existing law requires the court to evaluate the reasons given, as specified, and, if the court grants the objection, authorizes the court to take certain actions, including, but not limited to, starting a new jury selection, declaring a mistrial at the request of the objecting party, seating the challenged juror, or providing another remedy as the court deems appropriate. Under existing law, one of the circumstances the court may consider includes whether the counsel or counsel's office exercising the challenge has used peremptory challenges disproportionately against a given race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of these groups, in the present case or in past cases, as specified. Existing law, until January 1, 2026, prohibits the application of these provisions to civil cases. This bill would extend the prohibition against application of these provisions to civil cases indefinitely, except as specified, including cases involving a civil rights violation and cases for the civil commitment of a person. The bill would require the party bringing specified claims to notify the court and the other party or parties of the applicability of these provisions in those civil cases, as specified. The bill would limit the court's consideration of counsel or counsel's office use of peremptory challenges in the present case or in past cases, as described above, to when counsel or counsel's office is a public entity.
Existing law prohibits the touching of any intimate part of another person for the purpose of sexual arousal, gratification, or abuse, under specified circumstances, including if the victim is unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose. A violation of these provisions is punishable as a misdemeanor or as a felony by imprisonment in the state prison for 2, 3, or 4 years, and by a fine not exceeding $10,000. Existing law requires, in the case of a felony conviction for a violation of these provisions, the fact that the defendant was an employer and the victim was an employee of the defendant to be a factor in aggravation in sentencing. This bill would require, in the case of a felony conviction for a violation of these provisions, the fact that the defendant was employed at a hospital where the offense occurred and the victim was in the defendant's care or seeking medical care at the hospital to be a factor in aggravation in sentencing. By increasing the punishment for a crime, 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 the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by an agency mandated to make those reports. Existing law requires the department to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation. Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit fingerprint images and related information of employment and volunteer candidates to the department for the purpose of obtaining information as to the existence and nature of a record of a child abuse investigation contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Existing law requires the department to charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information and prohibits the department from charging a fee for state-level criminal offender record information. This bill would instead require a CASA program to submit fingerprint images and related information of employment and volunteer candidates to the department for the purpose of conducting a state and federal criminal history background check. The bill would require the department to monitor the Child Abuse Central Index and notify the CASA program if a record of a child abuse investigation involving a CASA employee or volunteer is added to that index. The bill would impose notification and review requirements on a CASA program to request that the department remove the notification for an individual who is no longer employed by or volunteering with the CASA program, as specified. The bill would require the department to terminate notification for an individual upon receipt of that request. The bill would authorize the department to increase its fee for a CASA employment and volunteer candidate to cover the cost of processing those subsequent notifications.
Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. Existing law authorizes a specified individual to commence the CARE process, known as the original petitioner. Existing law authorizes the court to dismiss a case without prejudice when the court finds that a petitioner has not made a prima facie showing that they qualify for the CARE process. Existing law requires the court to take prescribed actions if it finds that a prima facie showing has been made, including, but not limited to, setting the matter for an initial appearance on the petition. Existing law requires the court, if it determines the parties have entered or are likely to enter into a CARE agreement, to either approve or modify the CARE agreement and continue the matter at a progress hearing in 60 days, or continue the matter for 14 days to allow the parties additional time to enter into an agreement. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law requires the court to, for a person found mentally incompetent and not charged with certain offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice. Existing law requires the court to, if restoring the person to mental competence is not in the interests of justice, conduct a hearing, as specified, and determine the person's eligibility for diversion. Under existing law, if the court determines, at the first hearing, that the person is ineligible for diversion, the court is required to hold a hearing to determine the person's other options, including the CARE program. Existing law authorizes a court to refer an individual from, among other things, assisted outpatient treatment or conservatorship proceedings, as specified, to CARE Act proceedings. Existing law provides that if the individual is referred from assisted outpatient treatment, the county behavioral health director or their designee shall be the petitioner, whereas if the referral is from conservatorship proceedings, the conservator or proposed conservator is the petitioner. This bill would allow the court to make a prima facie determination without conducting a hearing. The bill, in the first hearing to determine competence to stand trial, would authorize the court to consider the petitioner's eligibility for both diversion and the CARE program. The bill would authorize the court to refer the petitioner to the CARE Act court if the defendant or counsel for the defendant agrees to the referral and the court has reason to believe the petitioner may be eligible for the CARE program. If the petitioner is not accepted into the CARE program or if the CARE Act court refers the petitioner back to criminal court, as specified, the bill would require the criminal court to conduct a hearing to determine whether the petitioner is eligible for a diversion program. The bill would authorize the county behavioral health agency and jail medical providers to share confidential medical records and other relevant information with the court for the purpose of determining likelihood of eligibility for behavioral health services and programs. The bill would authorize the court to call additional progress hearings after 60 days. The bill would also include persons suffering from bipolar I disorder with psychotic features, except for psychosis related to current intoxication, in the disorder class. The bill would additionally authorize a court to refer an individual from felony proceedings, as specified, to the CARE Act program. The bill would authorize a CARE Act court to consider a referral as a petition for participation in the CARE program if certain requirements are met. The bill would make additional technical and conforming changes. Existing law requires the Judicial Council to develop a mandatory form for use to file a CARE process petition with the court, and requires the petition to be signed under penalty of perjury and include either an affidavit of a licensed behavioral health professional, as defined, or evidence that the respondent was detained for a minimum of 2 intensive treatments, as specified. The bill would additionally include a nurse practitioner and physician assistant as a licensed behavioral health professional for purposes of individuals authorized to prepare an affidavit supporting a CARE process petition. By increasing various duties on county behavioral health agencies, 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, 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.
