Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted on several bases, including on the basis of false evidence that is material on the issue of guilt or punishment, as specified, or the discovery of new evidence that exists that is presented without substantial delay, is admissible, and that has not been previously presented and heard at trial and has been discovered after trial. Existing law creates a presumption in favor of granting relief through habeas when the district attorney in the county of the conviction or the Attorney General concedes or stipulates to a legal or factual basis for habeas relief. This bill would revise the above-described standards to no longer require false evidence to be material and would instead require that the evidence create any reasonable likelihood it could have affected the outcome of the case. The bill would also change the new evidence standard to instead require that there be a reasonable probability it would have produced a different result sufficient to undermine confidence in the outcome of the case. The bill would revise the presumption in favor of granting relief to instead make a stipulation binding on the parties, if certain conditions are met, unless the moving party proves by a preponderance of the evidence that the other party violated the terms or the state withheld evidence, as specified. The bill would also revise the process for a concession and instead prohibit a party from withdrawing a concession if the concession is contained in a return or other written filing signed by counsel for respondent, as specified. Existing law allows a person who is no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment on the basis of newly discovered evidence of fraud by a government official that completely undermines the prosecution's case, is conclusive, and points unerringly to their innocence, newly discovered evidence that a government official testified falsely at trial that resulted in the conviction and that the testimony was substantially probative on the issue of guilt or punishment, or newly discovered evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that was substantially material and probative on the issue of guilt or punishment. The bill would revise the above-described standards to instead require a demonstration that there is a reasonable probability the evidence would have produced a different result sufficient to undermine confidence in the outcome of the case, as specified. The bill would make other conforming changes. The bill would make related findings and declarations.
Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons and requires regulations, which are adopted by the Department of Corrections and Rehabilitation, to recognize and consider the value of incarcerated person visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing incarcerated persons for successful release and rehabilitation. Existing regulations create the framework for establishing a visitation process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations. This bill, the Humanizing and Uniting Generations Safely Act of 2026, would additionally require those regulations pertaining to incarcerated person visits to recognize and consider the importance of physical contact in incarcerated person visitation. The bill would prohibit the department from unreasonably restricting the ability of incarcerated persons or their visitors to engage in certain types of nonsexual physical contact throughout the visit, as provided. The bill would prohibit the department from taking disciplinary action based on alleged inappropriate physical contact, without first providing a warning and a reasonable opportunity to immediately correct the conduct.
Existing law, the Vallejo Flood and Wastewater District Act, establishes the Vallejo Flood and Wastewater District governed by, and under the control of, 8 trustees. The act requires that 7 of the trustees are the 7 members of the City Council of the City of Vallejo and the 8th member-at-large trustee is appointed by the Board of Supervisors of the County of Solano, as specified. The act prescribes the compensation for each trustee or alternate, including that each trustee of the district who is a member of the City Council of the City of Vallejo receives $100 per month for their services as a trustee of the board and may receive their actual and necessary expenses incurred in the performance of their duties as trustee, as provided. Under existing law, the member-at-large trustee or alternate receives $100 for each district meeting attended, as provided, and the trustee or alternate is prohibited from being compensated for more than 3 meetings, or $300, in any calendar month. Existing law requires certain legislative bodies to prepare annually a list of, among other things, all appointive terms that will expire during the next calendar year, known as the Local Appointments List, and prescribes rules for filling unscheduled vacancies of boards, commissions, or committees for which the legislative body has the appointing power. This bill would revise the membership and size of the governing board of the district, as specified. The bill would repeal the payment for trustees who are members of the city council described above and would instead apply the above-described at-large trustee or alternate payment and prohibition to all trustees, among other changes. To the extent that the bill would impose new duties on the City Council of the City of Vallejo, the Board of Supervisors of the County of Solano, and the remaining members of the Vallejo Flood and Wastewater District regarding the appointment of trustees and alternates, this bill would constitute a state-mandated local program. This bill would apply the provisions regarding the Local Appointments List and prescribed rules described above to the public members of the governing board of the district. 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 creates specified programs that employ inmates, including the joint venture program, which is established by the Secretary of Department of Corrections and Rehabilitation within state prisons that allows a public entity, nonprofit or for-profit entity, organization, or business to employ inmates confined in the state prison system for the purpose of producing goods or services. Existing law also establishes the Prison Industry Authority within the department for the purpose of developing and operating industrial, agricultural, and service enterprises employing prisoners in institutions under the jurisdiction of the department and for the purpose of creating and maintaining working conditions within the enterprises to ensure prisoners employed have the opportunity to work productively, to earn funds, and to acquire or improve effective work habits and occupational skills. Existing law requires, upon appropriation by the Legislature, the Office of Small Business Advocate within the Governor's Office of Business and Economic Development to establish the California Employee Ownership Hub that would, among other things, work with all California state agencies whose regulations and programs affect employee-owned companies, and businesses with the potential to become employee owned, to enhance opportunities and reduce barriers. Existing law, the Cooperative Corporation Law, governs the organization and operation of cooperatives, including, among others, worker cooperatives. Existing law defines a worker cooperative as a corporation formed under the Cooperative Corporation Law that includes a class of worker-members who are natural persons whose patronage consists of labor contributed to or other work performed for the corporation. Existing law requires specified information to be included in the articles of incorporation or bylaws, including, among other things, the apportionment and distribution of net earnings and losses of a worker cooperative. Existing law makes the violation of specified provisions under the Cooperative Corporation Law a crime. This bill would require the Department of Corrections and Rehabilitation to establish the Inmate Cooperative Program to facilitate operations of inmate worker cooperatives within state prison facilities. The bill would authorize a group of inmates who seek to establish a worker cooperative to apply to the program by submitting an application to the warden of the facility. The bill would require the warden to approve an application only if the applicant, or a cooperative community partner acting on their behalf, submits a plan of operation to the warden containing specified information, including, among other things, the cooperative's draft bylaws, which describe the cooperative's mission, the cooperative's internal governance structure, an initial management structure, and compensation structure. The bill would define a cooperative community partner as a nonprofit organization, cooperative association, cooperative corporation, or individual that supports the inmates with the establishment, operation, and governance of certified inmate cooperatives. This bill would require a group of inmates seeking to form a worker cooperative to incorporate as a worker cooperative following the approval of an application by the warden. The bill would require the Inmate Cooperative Program to certify the worker cooperative following approval of an application by the warden and incorporation of the cooperative. The bill would require the department to enter into a contract with the cooperative to outline the terms of operation, responsibilities, and compliance requirements. The bill would require a certified cooperative, as a condition to operate in a state prison facility, to write into their bylaws that their cooperative community partner is required to deduct 40% from each inmate's gross wages and deposit the wages into a specified account. The bill would authorize a certified cooperative to engage in the production of goods, agricultural products, or services for the cooperative's use and sale. This bill would require the California Employee Ownership Hub to choose a cooperative institution, which would, among other things, assist in the selection of a financial institution that would steward and manage an account that would be used to, among other things, create economic opportunities for survivors of crime and other persons impacted by their interactions with the criminal justice system with grants for specified purposes. The bill would define a cooperative institution as a nongovernmental nonprofit organization, cooperative association, or similar entity that is dedicated to supporting, overseeing, and promoting cooperative enterprises. The bill would require the financial institution to submit an annual report to the Governor detailing the account's activities, resource allocations, and measurable outcomes of funded initiatives. This bill would also require the department to deduct from inmate wages mandatory deductions for restitution orders and fines, among other things. The bill would require the department to provide certified cooperatives with access to necessary equipment, materials, and resources to support their operations, with no obligation for the department to fund these resources. The bill would prohibit an employee of the department from serving as a member, officer, or board member of any cooperative established under the Inmate Cooperative Program or from having any direct or indirect financial interest in the cooperative or its operations.
Existing law requires the Department of Corrections and Rehabilitation to institute certain practices to prevent sexual violence and promote inmate and ward safety in the Department of Corrections and Rehabilitation, including reviewing and providing handbooks regarding sexual abuse in detention to inmates and wards. Existing law establishes 2 institutions for the punishment, treatment, supervision, custody, and care of women convicted of felonies, known as the California Institution for Women and the Central California Women's Facility. This bill would require the department to establish a secure facility at each women's prison to house transgender women, in order to protect the security needs of biological women, as specified. The bill would also prohibit certain inmates convicted of specified sexual offenses from being housed at a women's prison.
Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner. Existing law defines a "forensic autopsy" as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county. This bill would enact the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025. The bill would, commencing January 1, 2027, in any county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from determining the circumstances, manner, and cause of death, as provided, for an in-custody death, as defined. The bill, instead, would require the sheriff-coroner to contract with one or more counties that have a coroner's office that operates independently from the office of the sheriff, or that have established an office of medical examiner, as specified, or with one or more private third-party medical examination providers that are separate and independent from the office of the sheriff-coroner and that meet certain physician qualification requirements, as specified, to determine the circumstances, manner, and cause of death. The bill would require the county board of supervisors to annually enter into a service agreement or service agreements with those medical examiners, independent coroner offices, or private third-party medical examination providers, or with any combination thereof. The bill would prohibit a private third-party medical examination provider that has entered into a service agreement from, during the term of the service agreement, being contracted by the county or the sheriff-coroner of that county to provide medical examination for any cases that do not involve in-custody deaths. The bill would define "in-custody death" for purposes of the bill to include, among other things, the death of a person who is detained, under arrest, or is in the process of being detained or arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail or state prison, or who is en route to be detained, or is detained, at a federal correctional facility or immigration detention facility, as provided. This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county. By imposing new duties on certain counties, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties. 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 allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Existing law requires the court to provide a copy of the petition to the Department of Corrections and Rehabilitation or the appropriate county authority. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician. This bill would require the Department of Corrections and Rehabilitation or a county authority, upon the release of a defendant, to certify to the court in the county where the defendant was sentenced that the individual successfully participated in one of the above-described programs and to provide a copy of that certification to the defendant. The bill would delete the requirement that a court provide a copy of a defendant's petition to the department or a county authority. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, 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, 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 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.
Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. This bill would authorize the court to consider the fact, if pled and proven, that the defendant committed the crime of looting while impersonating emergency personnel as a factor in aggravation. Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor. This bill would make it a crime, punishable as a misdemeanor or a felony, for a person, other than a first responder to wear, exhibit, or use the uniform, insignia, emblem, device, label, certificate, card, or writing of a first responder with the intent of fraudulently impersonating a first responder within an area under an evacuation order, as specified. The bill would also make it a crime, punishable as a misdemeanor or a felony, to impersonate a first responder on the internet or by electronic means during an evacuation order or within 30 days of its termination for the purpose of defrauding another, as specified. Existing law, until January 1, 2029, defines the offense of aggravated arson, and defines the aggravating factors for the offense as: the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $10,100,000, or the fire caused damage to, or the destruction of, 5 or more inhabited dwellings. Existing law, commencing January 1, 2029, deletes the aggravating factor of property damage and other losses in excess of $10,100,000 from the definition of aggravated arson. This bill would state that it is the intent of the Legislature that amendments to the above-described dollar amounts are to be applied prospectively and shall not be interpreted to benefit any defendant who committed a crime or received a sentence before the effective date of the amendment. By creating a new crime and by increasing the punishment of specified crimes, 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. This bill would make the operation of its provisions contingent upon the enactment of AB 468 of the 2025–26 Regular Session.
Existing law grants the Department of Corrections and Rehabilitation authority to operate the state prison system and gives the department jurisdiction over various state prisons and other institutions. Existing law requires the department to make college programs available at every state prison and requires that these programs be provided by the California Community Colleges, the California State University, or the University of California, or other accredited, nonprofit colleges or universities. This bill would require the department, on or before January 1, 2028, and annually thereafter, to report to the Legislature information related to the amount of space available for academic and vocational education, including the amount of the deficit or surplus of space at each prison.
