Existing law authorizes a judge in a case where a misdemeanor is being prosecuted, over the objection of the prosecuting attorney, to offer diversion to the defendant. Existing law prohibits this type of diversion when, among other things, the current charged offense is willfully, maliciously, and repeatedly following or willfully and maliciously harassing another person while making a credible threat toward that person, as specified. Existing law requires the clerk of a court, in which a person was convicted of a violation of the Vehicle Code or other specified provisions, to prepare within 5 days after conviction and immediately forward to the Department of Motor Vehicles an abstract of the record of the court covering the case in which the person was convicted. This bill would require the court, if the court grants diversion to a defendant who, if they had been convicted, would have had an abstract of record forwarded to the department pursuant to the above provisions, to instead direct that the prosecuting attorney ensure notice of the arrest or incident is provided to the department, as specified. By increasing the duties on local officials, 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.
(1) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act (the act) , authorizes specified persons, including a person with whom the respondent resides, family members, and first responders, among others, 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, the Lanterman-Petris-Short Act, authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. Existing law requires the officer providing the conservatorship investigation, which may include a public guardian or a county mental health program, to investigate all available alternatives to conservatorship and to recommend conservatorship to the court only if no suitable alternatives are available. Existing law requires a conservatorship under these provisions to terminate after one year and specifies procedures if the conservator determines conservatorship is still required. This bill would authorize a conservator to, upon the termination of a conservatorship, request the court refer the conservatee to CARE court, as specified. (2) The act authorizes services and supports to be provided to adults who are currently experiencing a qualifying severe mental illness and who meet other specified criteria, including that the person is not clinically stabilized in ongoing voluntary treatment and is either unlikely to survive safely in the community without ongoing supervision and the person's condition is substantially deteriorating or the person is in need of services and supports to prevent a relapse or deterioration that would likely result in grave disability or serious harm to the person or others. This bill would authorize the court, beginning July 1, 2028, and if it dismisses a CARE petition because a respondent needs a higher level of services, to order the county to develop an exit plan for the respondent. The bill would require the State Department of Health Care Services, by July 1, 2028, to develop, with input from certain stakeholder groups, a CARE Act model exit plan that identifies appropriate services and ongoing monitoring of an individual with a petition dismissed because the individual needed a higher level of services. This bill would update the definition of a petitioner for the purposes of the act. (3) Existing law requires the Judicial Council to develop a mandatory form or forms to use to file a CARE process petition. Existing law requires the petition to be signed under the penalty of perjury and to contain specified information, including the petitioner's relationship to the respondent and either an affidavit of a licensed behavioral health professional stating the licensed behavioral health professional or their designee has examined or made multiple unsuccessful attempts to examine the respondent within 60 days of submission of the petition, or that the respondent was detained for a minimum of 2 intensive treatments pursuant to state law. This bill would extend the 60-day period for examination of the respondent to 120 days. The bill would also authorize a petition to include evidence that the respondent was either detained for a minimum of 2 involuntary holds in the last 120 days or that they were referred to a full service partnership program more than once, but was not enrolled due to inability or unwillingness to engage in the previous 120 days. (4) Existing law authorizes a court to terminate a respondent's participation in the CARE process if the court determines that the respondent is not participating in the CARE process or is not adhering to their CARE plan, as specified. Existing law authorizes the court to order an evaluation under the Lanterman-Petris-Short Act, as specified, to ensure the respondent's safety. Existing law requires the court to consider the respondent's failure to successfully complete their CARE plan and the reasons for that failure in a subsequent hearing under the Lanterman-Petris-Short Act, provided that the hearing occurs within 6 months of the termination of the CARE plan, and creates a presumption that the respondent needs additional intervention beyond the supports and services provided by the CARE plan. This bill would prohibit the court from terminating a respondent's participation in the CARE process solely due to a failure of the county or other local government entity to properly engage with the CARE process. (5) Existing law requires CARE Act proceedings to occur in person unless the court, in its discretion, allows a party or witness to appear remotely through the use of remote technology. Existing law authorizes the respondent to be in person for all hearings. This bill would instead authorize all parties and witnesses to appear remotely through the use of remotely technology. The bill would authorize the court with discretion to order a party or witness to appear in person if necessary. This bill would authorize the parties to agree to an alternative method of service for all subsequent reports and notices after the notice of initial appearance. This bill would require, by January 1, 2028, all counties to establish a process for electronic submission of CARE Act documents using a secured portal. By increasing the duties on county behavioral health agencies, the bill would create a state-mandated local program. (6) Existing law authorizes a provider of health care or a covered entity, as defined, to disclose to the county behavioral health agency any information, including protected health information, and mental health records excluding psychotherapy notes, in its possession about the respondent that is relevant to the county behavioral health agency's provision, coordination, or management or services or supports. Existing law specifies protections for this information and required procedures when such a disclosure is made. This bill would authorize a county behavioral health agency to disclose to a provider of health care or a covered entity any information, including protected health information, and mental health records, excluding psychotherapy notes, in its possession about the respondent that is relevant to the provider or entity's provision, coordination, or management of services and supports. The bill would also specify protections for this information and required procedures when such a disclosure is made. (7) Existing law requires the department to develop, in consultation with specified entities, an annual CARE Act report that includes specified information on CARE Act petitions, including the number of initial appearances, and information compiled from county behavioral health departments and courts. This bill would expand the information on CARE Act petitions to include the number of petitions submitted electronically as well as other specified information. The bill would also expand the data to be compiled from county behavioral health departments and courts to include the number of individuals who were enrolled in a Full Service Partnership program postreferral, among other things. The bill would also require the data collected from county behavioral health departments and courts to be collected for cases involving dismissed respondents, where available. (8) Existing law requires the California Health and Human Services Agency, or a designated department within the agency, to perform specified functions, including engaging an independent, research-based entity to advise on the development of data-driven process and outcome measures to guide the planning, collaboration, reporting, and evaluation of the CARE Act. This bill would require the agency to annually release a list of overperforming counties and shall annually provide written notice identifying areas of concern and opportunities for improvement to underperforming counties. This bill would also establish within the California Health and Human Services Agency the position of a CARE Court Ombudsperson, as specified. (9) 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 requires a person arrested to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified. Existing law allows an attorney to visit a prisoner after their arrest, as specified. Under existing law, an officer in charge of the prisoner who willfully refuses or neglects to allow an attorney to visit that prisoner is liable for criminal and civil penalties, as provided. This bill would clarify that the above provisions regarding criminal and civil penalties for officers apply if a prisoner is in a jail, prison, or medical setting. The bill would make other technical changes, as provided.
Existing law authorizes a county to use a children's advocacy center to implement a coordinated multidisciplinary response to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment. Existing law requires a county that utilizes a child advocacy center to meet specified standards, including, among other things, that the children's advocacy center must verify that interviews conducted in the course of investigations are conducted in a forensically sound manner and occur in a child-focused setting designed to provide a safe, comfortable, and dedicated place for children and families. Existing law requires the children's advocacy center or other identified multidisciplinary team member custodian to ensure that all recordings of child forensic interviews be released only in response to a court order, or, upon request, to law enforcement agencies authorized to investigate child abuse or agencies authorized to prosecute juvenile or criminal conduct described in the forensic interview, or to county counsel evaluating an allegation of child abuse. Existing law requires files, reports, records, communications, and working papers used or developed in providing services through a children's advocacy center to be confidential and not public records. Existing law authorizes the members of a multidisciplinary team associated with a children's advocacy center to share with other multidisciplinary team members any information or records concerning the child and family and the person who is the subject of the investigation of suspected child abuse or neglect for the sole purpose of facilitating a forensic interview, case discussion, or providing services to the child or family, as specified. This bill would additionally authorize the members of a multidisciplinary team associated with a children's advocacy center to share with child welfare agencies authorized to investigate child abuse and neglect any information or records, as specified, for the purposes mentioned above.
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, as specified. Existing law requires the probation department to design and implement an approval and renewal process for batterer's programs and prescribes the requirements of a batterer's program. Existing law, until July 1, 2026, 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 if the program meets specified conditions. This bill would additionally authorize the County of Sacramento to offer an alternative program for individuals convicted of domestic violence. The bill would extend the repeal date of these provisions to July 1, 2030. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. 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 prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program. This bill would require that the diagnosis or rediagnosis with a mental disorder be within 5 years before the alleged offense. Existing law makes a defendant suitable for this diversion program if, among other criteria, a qualified mental health expert opines that the defendant's symptoms of the mental disorder that caused, contributed to, or motivated the criminal behavior, would respond to mental health treatment and the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified. The bill would revise that standard and instead require the court to find that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The bill would require the mental health expert's opinion to include that the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant's mental disorder, as specified. The bill would require the court to state the reasons for denial on the record.
Under existing law, a person who willfully inflicts corporal injury resulting in a traumatic condition upon specified persons, including, among others, the offender's spouse or former spouse, is guilty of a crime, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than 1 year, or by a fine of up to $6,000. Existing law also provides conditions for probation for a violation of these provisions if the person has a previous conviction of certain assault and battery offenses, as specified. This bill would make this crime punishable by imprisonment in state prison for 2, 4, or 5 years, or by imprisonment and a fine of up to $10,000 if a person is convicted for violating these provisions within 7 years of a previous felony conviction under these provisions. The bill would also, if a person has one prior felony conviction under these provisions, require that the defendant be imprisoned in a county jail for not less than 60 days as a condition of probation. By increasing the penalty for existing crimes, 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 requires the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed specified crimes when they were under 25 years of age. Existing law makes a person who was convicted of a controlling offense that was committed when the person was under 18 years of age and for which the sentence is life without the possibility of parole eligible for release on parole at a youth offender hearing by the board during the person's 25th year of incarceration. Existing law specifies that these provisions do not alter the rights of a victim at a parole hearing. Under existing law, a murder perpetrated by specified means or under certain circumstances is defined as murder of the first degree. Existing law, as added by Proposition 7, an initiative measure approved by the voters at the November 7, 1978, statewide general election, requires that a person convicted of first-degree murder be subject to death or confinement in prison for a term of life without the possibility of parole in any case in which specified special circumstances are charged and found to be true. Proposition 7 does not provide for amendment by the Legislature. This bill, the Youth Rehabilitation and Opportunity Act, would instead make a person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which they were sentenced to life without the possibility of parole eligible for parole after their 25th year of incarceration, except as specified. The bill would require the board to complete, by January 1, 2028, all hearings for individuals who are or will be entitled to have their parole suitability considered at a youth offender parole hearing by these provisions, as specified.
This bill designates the week of April 19 to April 25, 2026, as Crime Victims' Rights Week. The primary purpose is to formally recognize and highlight the rights and needs of individuals who have been affected by crime. It does not create new laws or alter existing legal procedures but serves as a commemorative resolution to raise awareness during a specific time period.
Existing law requires the Attorney General to establish and maintain various databases and information centers relating to the identification, apprehension, and prevention of crimes, including the Violent Crime Information Center and the Automated Firearms System, among others. Existing law requires a business that controls the collection of a consumer's personal information to delete that information upon the request of the consumer and provides for administrative penalties if the business fails to act on the consumer's request. This bill would, beginning January 1, 2029, require the Department of Justice to establish the Nonconsensual Intimate Image Clearinghouse to allow individuals who were exploited in California to submit a request for the removal of nonconsensual intimate images from covered platforms. The bill would define nonconsensual intimate images to include an authentic image depicting a person nude or engaging in sexual conduct distributed without consent or an image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. The bill would require the department to transmit verified identifiers of images to covered platforms and require those platforms to remove verified matches within 48 hours of receipt and to prevent the images from being uploaded again. The bill would require the department to enforce these provisions and would impose civil penalties for violations. The bill would require a peace officer in the investigation of a specified offense to advise a victim that they may make a request to the clearinghouse pursuant to these provisions and would require a peace officer to provide certain information to the clearinghouse, as specified. By increasing duties for peace officers, 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.
