(1) Existing law tolls the periods of limitation to bring specific civil actions for up to 2 years, if during that time that the claimant is imprisoned on a criminal charge, as specified. However, under existing law these tolling provisions do not apply to an action brought against a public entity or public employee, as specified. This bill would, notwithstanding any other law, provide that the period for bringing an action for sexual assault against a public entity or public employee that is alleged to have occurred while the claimant was imprisoned on a criminal charge, or in execution under the sentence of a criminal court, is tolled during the entire period of the claimant's imprisonment or sentence. Under the bill, any claim for sexual assault against a public entity or public employee subject to that provision is exempt from all state and local government claim presentation requirements. (2) Existing law establishes the Office of the Sexual Abuse in Detention Elimination Ombudsperson with the authority to inspect all of the Department of Corrections and Rehabilitation institutions and to interview all inmates and wards. Under existing law, if an investigation confirms that any employee of the department has sexually abused an inmate or ward, that employee is required to be terminated. Existing law prohibits retaliation against an inmate or ward for making an allegation of sexual abuse. Existing law requires the department to keep statistics on the sexual abuse of inmates and wards and make that data available to the Office of the Sexual Abuse in Detention Elimination Ombudsperson. This bill would prohibit an employee who has been terminated after an investigation confirms that the employee has sexually abused an incarcerated person or ward from future employment with the department. This bill would require the department to monitor for 90 days an incarcerated person who reports sexual assault, and the incarcerated person reported to have suffered the sexual assault, by a staff member for possible retaliation. The bill would require the department to make specific notifications and reporting after an incarcerated person is reported to have suffered a sexual assault. The bill would require the department, on or before January 1, 2028, to develop and implement procedures for notifications of an incarcerated person's contact person, as defined. The bill would require the department to minimize the transfer of an incarcerated person who is reported to have suffered a sexual assault by a staff member for 90 days following the report, unless there is an operational need to do so or there are safety, security, or health concerns. The bill would define terms for its purposes and declare these provisions are severable.
Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including foster family homes and foster family agencies, by the State Department of Social Services. Existing law requires a criminal record check of applicants for a license, special permit, or certificate of approval for a foster family home or certified family home, and other persons, including nonclients who reside in those homes and staff and employees. Existing law requires the department to check the child abuse and neglect registry of a different state for a licensee of a community care facility who has lived in another state in the preceding 5 years. Existing law generally makes violations of these requirements a crime. This bill would authorize a licensee of a community care facility to approve an individual to care for children before the completion of another state's child abuse and neglect registry check if certain specified conditions are met, including that the community care facility has submitted a request for the out-of-state abuse and neglect registry check to the department. The bill would require a licensee to remove an applicant from the community care facility immediately upon receipt of information that would disqualify the applicant from approval and notify the department of the removal within 3 business days. 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 requires each county to develop and implement a memorandum of understanding (MOU) setting forth the roles and responsibilities of agencies and other entities that serve children and youth in foster care who have experienced severe trauma. Existing law requires that the MOU include provisions addressing, among other things, the establishment and operation of an interagency leadership team. Existing law requires the Secretary of California Health and Human Services and the Superintendent of Public Instruction to establish a joint interagency resolution team consisting of representatives from specified state departments to support implementation of those MOUs, among other functions. Existing law requires the resolution team to develop and submit certain recommendations to the Legislature on various items, including a statewide plan for any additional development needed for a trauma-informed, therapeutic continuum of care to support youth in-state in the least restrictive setting. Existing law requires the team to track and report deidentified information of children and nonminor dependents in foster care who have been assisted to preserve, or secure new, intensive therapeutic options. This bill would require a county, in collaboration with the leadership team, inclusive of tribes, to submit plans to the resolution team describing how the county intends to ensure that coordinated, timely, and trauma-informed services are provided to children and youth in foster care who have experienced severe trauma. The bill would require the county to submit the first plan by January 1, 2027, and to submit updated plans every 2 years thereafter. The bill would require the county to take into consideration certain information regarding the placement and service options available to county child welfare agencies and county probation departments for children and youth in foster care who have experienced severe trauma, as specified. By creating new duties for counties relating to those plans, the 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 revives certain claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff's 18th birthday when one or more entities are legally responsible for damages and the entity or their agents engaged in a cover up, as defined, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired. Existing law authorizes a cause of action for any such claim to proceed if already pending in court on January 1, 2023, or, if not filed by that date, to be commenced between January 1, 2023, and December 31, 2023. Existing law revives such claims brought by a plaintiff who alleges all of the following: (1) the plaintiff was sexually assaulted, (2) one or more entities are legally responsible for damages arising out of the assault, and (3) the entity or entities engaged in a cover up or attempted cover up, as defined, of a previous instance or allegations of sexual assault. This bill would extend the eligibility period for revival of claims of the type described above to include claims that would otherwise be barred prior to January 1, 2026, because the applicable statute of limitations has or had expired. The bill would instead require a revived claim against an entity, as defined, to allege that the plaintiff was sexually assaulted and that (1) one or more entities or persons are legally responsible for damages arising out of sexual assault by an alleged perpetrator against the plaintiff, and (2) an entity or entities, including their specified representatives, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator. The bill would additionally revive a claim against the person who committed the sexual assault brought by a plaintiff who alleges, among other things, that one or more entities or persons are legally responsible for damages arising out of the sexual assault. The bill would specify that failure to allege a cover up as to one entity does not affect revival of a claim or claims against any other entity or person, including the perpetrator. The bill would permit a cause of action for any such claim to proceed if already pending in court on the effective date of the bill or, if not filed by that date, to be commenced between January 1, 2026, and December 31, 2027. The bill would exempt public entities from these provisions and would provide that public entities are not required to indemnify perpetrators of sexual assault, as specified. The bill would make conforming changes.
Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in the county jail upon a criminal conviction. Existing law authorizes the board of supervisors to credit each prisoner confined in or committed to county jail up to $2 for each 8 hours of work performed in jail. This bill would instead authorize the board to credit each prisoner with a sum of money to be determined by the board.
(1) Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits a filing fee for, and a fee for the service of process by a sheriff or marshal of, a protective or restraining order if the order is based upon stalking, unlawful violence, or a credible threat of violence. This bill, commencing January 1, 2027, would authorize a petition prohibiting harassment and any related filings to be submitted electronically, as specified. The bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. The bill, commencing January 1, 2027, would authorize a party or witness to appear remotely at the hearing on the petition for a protective order, and prohibit the superior court from charging a fee for the remote appearance. As of January 1, 2027, the bill would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders. The bill would make a conforming change. (2) Existing law requires a court or court facility that receives petitions for domestic violence restraining orders to permit the petitions and related filings to be submitted electronically, as specified, and prohibits a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a domestic violence restraining order, as specified. Existing law requires the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility. Existing law authorizes a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. Existing law requires the superior court of each county to develop local rules and instructions for remote appearances and requires them to be posted on the court's internet website. This bill, commencing January 1, 2027, would require a court or court facility that receives petitions for domestic violence restraining orders to accept electronic filings at no charge to the petitioner, and would prohibit a superior court from charging a fee for a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. (3) Existing law authorizes an elder or dependent adult who has suffered abuse to seek a protective order and prohibits a filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order. This bill, commencing January 1, 2027, would require a court or court facility that receives petitions for protective orders for elder or dependent adults to permit those petitions and any related filings to be submitted electronically, as specified, at no charge to the petitioner. As of that date, the bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. The bill, commencing January 1, 2027, would authorize a party, representative of the county adult protective services agency, or witness to appear remotely at the hearing on a petition for a protective order for an elder or dependent adult, and prohibit the superior court from charging a fee for the remote appearance. The bill, commencing January 1, 2027, would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders for elder or dependent adults. As of that date, the bill also would require information regarding electronic filing and access to the court's self-help center to be prominently displayed on each superior court's home page, and require each self-help center to maintain and make available information related to elder abuse restraining orders. Existing law, upon the filing of a petition for protective orders for an elder or dependent adult, requires the respondent to be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any declarations in support of the petition, at least five days before the hearing. This bill, as of January 1, 2027, would authorize a court to permit an alternative method of service, as specified, if at the time of a hearing with respect to an order issued based on an ex parte temporary protective order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service or cannot be located.
(1) Existing law requires the Department of Corrections and Rehabilitation to establish and implement a community treatment program, under which a woman sentenced to state prison who has one or more children under 6 years of age is eligible for release with the woman's children to a public or private facility in the community suitable to their needs. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into contracts with public or private agencies to provide housing, sustenance, supervision, and services, subject to the approval of the Director of General Services. This bill would remove the requirement that the contracts be approved by the Director of General Services. The bill would authorize the department to enter into long-term contracts, not to exceed 10 years, for the transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to these provisions. The bill would require that the secretary advertise potential contracts under these provisions and would require that priority be given to certain community treatment programs, as specified. (2) Under existing law, the primary responsibilities of the State Public Defender are to represent those persons who are entitled to representation at public expense in specified proceedings, to provide assistance and training to specified attorneys, and to engage in related efforts for the purpose of improving the quality of indigent defense. This bill would exempt contracts entered into or amended by the State Public Defender to implement those duties from specified contract register requirements, specified small business procurement, disabled veteran business, and public contracting provisions, and from the review or approval of any division of the Department of General Services. (3) Existing law creates within the Department of Corrections and Rehabilitation the Prison Industry Authority and Prison Industry Board. Existing law continues in existence within the department the Prison Industry Authority and the Prison Industry Authority Board, among other entities. This bill would revise these provisions to rename the Prison Industry Authority as the California Correctional Training and Rehabilitation Authority, and to rename the Prison Industry Board as the California Correctional Training and Rehabilitation Board. The bill would make these provisions operative only if SB 857 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2026. (4) 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. Existing law makes records relating to an investigation conducted by a local detention facility into a death incident, as defined, available to public inspection, as specified. Existing law establishes the Board of State and Community Corrections, with the mission of, among other things, promoting legal and safe conditions for youth, inmates, and staff in local detention facilities. Existing law creates the position of Director of In-Custody Death Review within the board. This bill would authorize the director to have access to, and authority to, examine and reproduce records of any local detention facility, as specified. By increasing duties on local governments, this bill would impose a state-mandated local program. (5) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and provides annual payments to the counties for purposes relating to improving local probation supervision practices and capacities. Existing law continuously appropriates the State Community Corrections Performance Incentives Fund for these incentive payments. Existing law, as part of those annual payments, requires the Director of Finance, in consultation with certain entities, to annually calculate a statewide performance incentive payment and a county performance incentive payment for each eligible county. Existing law requires the director to calculate those payments based on, among other things, the cost to the state to incarcerate in a contract facility and supervise on parole an offender who fails local supervision and is sent to prison. This bill would instead make that calculation based on the per capita cost to the state to incarcerate in a state prison and supervise on parole an offender who fails local supervision and is sent to prison, calculated pursuant to specified formulas. Existing law also requires that calculation to be based on an estimate of the number of felons on probation, mandatory supervision, and postrelease community supervision each county successfully prevented from being incarcerated in state prison, determined based on the reduction in the county's probation and mandatory supervision failure rate as calculated annually for that year and the county's failure rate from the previous year. This bill would instead calculate that estimate based on the actual number of individuals under one of those forms of supervision admitted to state prison from each county in the previous calendar year subtracted from each county's baseline admission to prison rate for those forms of supervision, as specified, multiplied by the average daily population of those forms of supervision for each county in the previous calendar year. Existing law additionally requires the Director of Finance to calculate a statewide performance incentive payment for each county using a formula based on the county's return to prison rate and the county's highest year of funding that the county received from the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive, as specified. This bill would repeal those provisions. The bill would additionally, beginning with the 2025–26 fiscal year, appropriate $103,668,010 to the State Community Corrections Performance Incentives Fund from the General Fund, to be distributed to counties, as specified. The bill would decrease a county's appropriation pursuant to these provisions by a factor of 10% for each percentage point the county return to prison rate exceeds its baseline return to prison rate, as specified. Existing law additionally requires the Director of Finance to calculate a statewide performance incentive payment based on the number of felons on probation, mandatory supervision, or postrelease community supervision that were successfully prevented from being incarcerated in the state prison, multiplied by 35% of the state's costs to incarcerate a prison felony offender in a contract facility, as specified. This bill would instead multiply that number by 25% of the average of the state's per capita cost to incarcerate a prison felony offender in a state prison and supervise an individual on parole. By changing the distribution of continuously appropriated funds and making a new appropriation, this bill would make an appropriation. (6) 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. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
The Trial Jury Selection and Management Act requires all persons be selected for jury service at random and from sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires a trial judge to examine the prospective jurors in jury trials. Existing law gives the counsel for each party, after this initial examination, the right to examine any of the prospective jurors, as specified, in order to enable counsel to intelligently exercise both peremptory challenges and challenges for cause. Existing law requires, prior to the examination of prospective trial jurors in the panel assigned for voir dire, a specified perjury acknowledgment and agreement to be obtained from the prospective jurors. Existing law requires, after the selection of the trial jury is completed, another specified acknowledgment and agreement to be obtained from the trial jurors. This bill would revise the acknowledgment and agreements obtained from the jury panel prior to the examination of prospective trial jurors assigned for voir dire and after the completion of selection of trial jurors.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make specified disbursements from the fund, including, through the 2022–23 fiscal year, reasonable costs incurred by the Department of Cannabis Control for implementing, administering, and enforcing MAUCRSA. This bill would require the Controller to make a disbursement from the fund for reasonable costs incurred by the Department of Cannabis Control for maintaining and operating the track and trace program and for conducting civil or criminal enforcement against unauthorized commercial cannabis activity, as specified. By requiring moneys in the California Cannabis Tax Fund, a continuously appropriated fund, to be used for a new purpose, the bill would make an appropriation. AUMA also requires the Controller to make a disbursement from the fund to the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of AUMA. AUMA prohibits the board from making grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products. This bill would repeal that prohibition, thereby authorizing the Board of State and Community Corrections to make grants to local governments that ban both indoor and outdoor commercial cannabis cultivation or ban retail sale of cannabis or cannabis products. In order to be eligible for a grant, the bill would require a local government either to allow the retail sale of cannabis in storefronts or, for jurisdictions with a population of 10,000 residents or less, to allow cannabis delivery, as specified. The bill would require the board to prioritize grant awards for local governments whose grant application includes illicit cannabis enforcement, and would authorize the board to award grants both competitively and based on a formula to provide consistent and ongoing funding for local governments, as provided. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would declare that its provisions further the purposes and intent of AUMA. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1) Existing law establishes the Office of the Inspector General, which is responsible for, among other things, contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the department's Office of Internal Affairs. Existing law establishes within the office the California Rehabilitation Oversight Board, which consists of 11 members. Existing law requires the board, among other things, to regularly examine the various mental health, substance abuse, educational, and employment programs for incarcerated persons and parolees operated by the department. This bill would repeal the provisions establishing the board and its responsibilities. Existing law also requires the Inspector General to conduct an oversight and inspection program to periodically review delivery of the reforms identified in a specified document released by the department in 2012. This bill would remove the requirement that the Inspector General conduct that oversight and inspection program. The bill would also make conforming changes. Existing law requires the department to establish the California Reentry and Enrichment (CARE) Grant program to provide grants to community-based organizations that provide rehabilitative services to incarcerated individuals. Existing law requires the department to establish a CARE Grant program steering committee, which establishes grant criteria, select grant recipients, and determine grant amounts and the number of grants. Existing law requires the members of the committee to include, among others, a member from the Office of the Inspector General who is familiar with the work and objectives of the California Rehabilitation Oversight Board. This bill would delete the provisions requiring a member from the Office of the Inspector General. (2) Existing law establishes the Council on Criminal Justice and Behavioral Health within the Department of Corrections and Rehabilitation for the investigation and promotion of cost-effective approaches to meeting the long-term needs of adults and juveniles with behavioral health disorders who are likely to become offenders or who have a history of offending. Existing law supports county activities that will divert individuals with serious mental illnesses away from the criminal justice system, as specified, and requires the State Department of State Hospitals to, among other things, consult with the council to evaluate county proposals to help fund the development or expansion of mental health diversion, as specified. This bill would repeal the provisions that establish the council and make other conforming changes, including deleting the above-described requirement that the State Department of State Hospitals consult with the council to evaluate county proposals relating to mental health diversion. (3) Existing law creates the Recidivism Reduction Fund in the State Treasury, to be available upon appropriation by the Legislature, for activities designed to reduce the state's prison population, including, but not limited to, reducing recidivism. Existing law requires funds in the Recidivism Reduction Fund that were not encumbered by June 30, 2016, to revert to the General Fund and abolishes the fund when all encumbered funds are liquidated. Existing law requires, upon agreement to accept funding from the Recidivism Reduction Fund, a county board of supervisors, in collaboration with the county's Community Corrections Partnership, to develop, administer, collect, and submit data to the Board of State and Community Corrections regarding a competitive grant program intended to fund community recidivism and crime reduction services, including, but not limited to, delinquency prevention, homelessness prevention, and reentry services. Under existing law, commencing with specified fiscal years, the funding was allocated to counties based on a specified schedule. This bill would repeal the provisions mentioned above. (4) Existing law establishes the Board of State and Community Corrections and sets forth its powers and duties, including, among other things, collecting and maintaining available information and data about state and community correctional policies, practices, capacities, and needs. Existing law, commencing January 1, 2013, and annually thereafter, requires the board to collect and analyze available data regarding the implementation of local plans relating to the 2011 Public Safety Realignment and other outcome-based measures, as specified. Existing law, by July 1, 2013, and annually thereafter, requires the board to provide a report on the implementation of those plans to the Governor and the Legislature. This bill would delete the provisions requiring the board to collect and analyze data regarding the implementation of local plans, as specified, and to provide a report on the implementation of those plans to the Governor and the Legislature. Existing law requires the Board of State and Community Corrections to conduct a biennial inspection of each jail, juvenile hall, lockup, special purpose juvenile hall, camp, ranch, or secure youth treatment facility, as specified. Existing law specifies that a juvenile facility is unsuitable for the confinement of juveniles if the facility is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the board and the facility has failed to file an approved corrective action plan with the board. Existing law requires, if a juvenile facility does not resolve the noncompliance issues outlined in its corrective plan, the board to make a determination of suitability at its next scheduled meeting. Existing law prohibits the facility from being used to confine juveniles if it is not being operated and maintained as a suitable place for the confinement of juveniles. This bill would authorize the board to delegate authority to approve or disapprove a corrective action plan to the board's executive director or a deputy director. The bill would, if that authority is delegated, require the delegee to approve or disapprove the corrective action plan in accordance with criteria and considerations established by the board and require the board to subsequently ratify or overrule the corrective action plan. The bill would also authorize the board to bring a civil action to enforce compliance with minimum standards for juvenile facilities or closure in the superior court in the county in which a facility is located. (5) Existing law requires the Secretary of the Department of Corrections and Rehabilitation to implement literacy programs in the state prison. Existing law requires the department to make college programs available for the benefit of inmates with a general education development certificate or equivalent or a high school diploma and requires those college programs to only be provided by the California Community Colleges, the California State University, the University of California, or other regionally accredited, nonprofit colleges or universities. This bill would authorize those college programs to be provided by accredited public or nonprofit colleges or universities outside of the state, as specified. Existing law requires an inmate who is enrolled, pursuant to these provisions, in a full-time college program consisting of 12 semester units, or the academic quarter equivalent, of credit-bearing courses leading to an associate degree or a bachelor's degree to be deemed by the department to be assigned to a full-time work or training assignment. This bill would instead require an inmate enrolled in a degree-granting college or university program, as specified, to receive the same privileges as an inmate with a full-time work or training assignment. (6) Existing law requires any person employed or under contract to provide mental health diagnostic, treatment, or other mental health services in the state correctional system to be a physician and surgeon, psychologist, or other health professional, licensed to practice in this state, except as specified. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to waive that requirement for persons in the professions of psychology or social work who are gaining qualifying experience for licensure in that profession in this state. For persons employed less than full time as psychologists or clinical social workers, existing law authorizes an extension of a waiver to be granted for additional years proportional to the extent of part-time employment, as provided, but prohibits the waiver from exceeding 6 years in the case of clinical social workers or 5 years in the case of psychologists. This bill would additionally allow mental health professionals to be employed or under contract to provide mental health diagnostic, treatment, or other mental health services in the state correctional system. The bill would authorize the secretary to additionally waive that requirement for persons in the professions of marriage and family therapy or professional clinical counseling who are gaining qualifying experience for licensure in those professions. The bill would additionally authorize an extension of a waiver to persons employed less than full time as marriage and family therapists or professional clinical counselors and prohibit the waiver from exceeding 6 years for those professions. (7) Existing law generally provides for the control and prevention of tuberculosis. Existing law requires various state entities, including the Department of Corrections and Rehabilitation, to meet and confer with recognized employee organizations, as specified, to develop rules regarding the mandatory examination or testing for tuberculosis of the staff of those entities. Existing law prohibits a person from being employed by the department unless that person, after an offer of employment, completes an examination, test, or medical evaluation and is found to be free of tuberculosis prior to assuming work duties. As a condition of continued employment with the department, existing law requires employees who are skin-test negative to receive an examination or test at least once a year, or more often if directed by the department, for as long as the employee remains skin-test negative. Existing law defines various terms for purposes of these provisions. This bill would revise and recast the above-described provisions to require the department to develop rules regarding the mandatory examination or testing for tuberculosis of its staff, as specified. The bill would require a person who is employed by the department and whose primary job functions require them to work inside an institution to complete baseline TB screening and testing and provide a certificate to the department within seven days of appointment to their position showing they are free of active tuberculosis. The bill would require specified employees to receive annual TB screening and ensure that certificates are submitted and accepted by the department, as specified. The bill would authorize the department to require more frequent TB screening or testing, as specified, if there is a known exposure or ongoing transmission within an institution. The bill would delete obsolete definitions, update other definitions, and define additional terms, including "annual TB screening" and "baseline TB screening and testing." Existing law requires volunteers of the department, prior to assuming their duties and annually thereafter, to furnish the department with a certificate showing that they have been examined and found to be free of tuberculosis. Existing law requires employees from other state agencies who are assigned to work in an institution to comply with prescribed requirements for tuberculosis control and requires the department to offer examinations, tests, or medical evaluations to those employees. Existing law prohibits the department from discriminating against an employee because the employee tested positive for tuberculosis. Existing law requires specified state entities, including the department, to report to the State Department of Health Care Services the results of these tuberculosis examinations. This bill would delete those provisions. (8) Existing law defines those persons who are peace officers in the state, grants certain authority to those individuals and their employing entities, and places certain requirements on those individuals and their employing entities. Existing law also grants specified limited arrest authority to certain other persons, including federal criminal investigators and park rangers and peace officers from adjoining jurisdictions. Existing federal law authorizes tribal governments to employ tribal police for the enforcement of tribal law on tribal lands. Existing federal law requires the State of California to exercise criminal jurisdiction on Indian lands. Existing state law deems a tribal police officer who has been deputized or appointed by a county sheriff as a reserve or auxiliary deputy to be a peace officer in the State of California. This bill would, from July 1, 2026, until July 1, 2029, establish a pilot program under the Department of Justice and the Commission on Peace Officer Standards and Training granting peace officer authority to certain tribal police officers on Indian lands and elsewhere in the state under specified circumstances. The bill would authorize the department to select 3 tribal entities to participate, would set certain minimum qualifications and certification and training requirements for a tribal officer to act pursuant to this authority, and would place certain requirements on the employing tribe, including a limited waiver of sovereign immunity, and the adoption of a tribal law or resolution authorizing that exercise of authority and providing for public access to certain records. The bill would require the Department of Justice to provide ongoing monitoring and evaluation and to prepare and submit reports to the Legislature, as specified. Existing law authorizes a county to establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths, including homicides and suicides, and facilitating communication among various agencies involved in domestic violence cases. Under existing law, an oral or written communication or a document provided by a third party to a domestic violence review team is confidential and not subject to disclosure or discovery. This bill would authorize a tribe participating in this pilot program to establish a domestic violence death review team subject to the applicable provisions of this law. This bill would also authorize participating tribes to enter into an agreement to share liability and collaborate on Missing and Murdered Indigenous Persons cases. This bill would create the Tribal Police Pilot Fund in the State Treasury to, upon appropriation by the Legislature, assist program participants with the cost of information technology necessary for complying with reporting requirements for law enforcement agencies. This bill would provide for implementation of all of these provisions only upon an appropriation by the Legislature for these purposes. (9) The bill would appropriate $5,000,000 for the 2025–26 fiscal year from the General Fund to the Department of Justice for purposes of administering the Tribal Police Pilot Program pursuant to Article 2.45 (commencing with Section 11073) of Chapter 1 of Title 1 of Part 4 of the Penal Code, as specified. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
