This measure would honor the late Reverend Dr. Martin Luther King, Jr. and commemorate Dr. Martin Luther King, Jr. Day.
(1) Existing law, as proposed by SB 10 of the 2017–18 Regular Session, commencing October 1, 2019, requires persons arrested and detained to be subject to a pretrial risk assessment conducted by Pretrial Assessment Services, defined as an entity, division, or program that is assigned the responsibility to assess the risk level of persons charged with the commission of a crime, report the results of the risk determination to the court, and make recommendations for conditions of release of individuals pending adjudication of their criminal case. SB 10 requires the courts to establish pretrial assessment services and authorizes those services to be performed by court employees or through a contract with a local public agency, as specified. SB 10 provides that if no local agency will agree to perform the pretrial assessments, and if the court elects not to perform the assessments, the court may contract with a new local pretrial assessment services agency established specifically to perform the role. SB 10 requires pretrial assessment services to be performed by public employees. This bill, notwithstanding the requirement that pretrial assessment services be performed by public employees, would authorize, until January 1, 2023, a qualified local public agency in the City and County of San Francisco to contract with the existing not-for-profit entity that is performing pretrial services in the city and county to provide continuity and sufficient time to transition the entity's employees into public employment. (2) SB 10 authorizes Pretrial Assessment Services to release a person assessed as being a low risk, as defined, on his or her own recognizance, and additionally requires superior courts to adopt rules authorizing Pretrial Assessment Services to release persons assessed as being a medium risk, as defined, on his or her own recognizance. However, SB 10 prohibits Pretrial Assessment Services from releasing persons who meet specified conditions, including, among others, tier 2 sex offenders subject to registration for a minimum of 20 years and tier 3 sex offenders subject to lifetime registration. This bill would provide that if SB 10 of the 2017–18 Regular Session becomes operative, the release prohibitions described above would be expanded to additionally include persons convicted of sex crimes and certain other offenses subject to the Sex Offender Registration Act, as specified. By increasing the length of time certain persons remain in county jails, this bill would impose a state-mandated local program. (3) 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 the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation to develop and implement a grant and cooperative agreement program to support the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of off-highway motor vehicles, and programs involving off-highway motor vehicle safety or education. This bill would require the Director of Parks and Recreation to establish the Outdoor Equity Grants Program, to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The bill would require the director to, among other things, give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve students who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as provided. The bill would authorize the director to accept private funds to support the program. The bill would establish the California Outdoor Equity Account in the State Parks and Recreation Fund and would require any private funds donated for the program and any funds appropriated by the Legislature for purposes of the program to be deposited into the account. The California Coastal Act of 1976 (coastal act) requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. Existing law establishes the State Coastal Conservancy and prescribes its membership and responsibilities relating to the protection, preservation, and enhancement of coastal lands within the conservancy's jurisdiction. Existing law establishes the Coastal Access Account in the State Coastal Conservancy Fund and authorizes the conservancy to expend funds in the account, upon appropriation by the Legislature in the annual Budget Act, to pay for the development, maintenance, and operation of facilities that provide public access to the shoreline. The coastal act requires every person receiving a coastal development permit or a certificate of exemption for development on any vacant lot within specified designated areas, prior to commencement of construction, to pay to the California Coastal Commission for deposit in the Coastal Access Account an in-lieu public access fee, with the amount of the fee determined by specified costs of acquisition, as provided. This bill would delete the requirement, for purposes of this provision, that a coastal development permit or a certificate of exemption for development apply on any vacant lot within a designated area. The coastal act, for purposes of the above provisions governing the in-lieu public access fee amount and with respect to the Hollister Ranch public access program in the County of Santa Barbara, requires that the Hollister Ranch in-lieu fee for public access be $5,000 for each permit. The coastal act also requires that all in-lieu fees received pursuant to those provisions be deposited in the State Coastal Conservancy Fund and be available for appropriation to the conservancy for specified conservancy purposes. This bill would require that all past, present, and future in-lieu fees received pursuant to those provisions, as well as other moneys received by the State Coastal Conservancy for providing public access at Hollister Ranch from public and private sources, including nonprofit sources, be deposited in the Hollister Access Management Subaccount, which the bill would create in the fund, and used for any action necessary to implement the 1982 adopted coastal access program for the Hollister Ranch. Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates moneys in the fund, subject to a statutory trust, to the State Lands Commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust title settlements. Existing law requires that moneys in the fund be available for expenditure by the trustee to purchase outstanding interests in land where the public use and ownership of the land is necessary or extremely beneficial for furtherance of public trust purposes. Existing law authorizes acquisitions by negotiated agreement with the owner of the outstanding interests and specifies that the act is not intended to confer any authority to exercise the power of eminent domain for its purposes. This bill would create the Hollister Ranch Subaccount in the fund, and would require moneys received by the State Lands Commission from public and private sources, including nonprofit sources, to be used for the implementation of the 1982 adopted coastal access program for Hollister Ranch to be deposited into that subaccount and, upon appropriation by the Legislature, expended by the State Lands Commission for prescribed purposes. The bill would also authorize the State Lands Commission to transfer moneys from the fund to the subaccount, in an amount not to exceed $1,000,000, for expenditure for those purposes. Existing law states it is the intent of the Legislature that the State Coastal Conservancy and the State Public Works Board utilize their authority to implement specified public access policies and provisions at the Hollister Ranch in the County of Santa Barbara as expeditiously as possible. This bill would additionally state the intent of the Legislature that all other relevant state agencies, boards, and commissions utilize their authority to implement specified public access policies and provisions at the Hollister Ranch in the County of Santa Barbara as expeditiously as possible. This bill would make legislative findings and declarations as to the necessity of a special statute for Hollister Ranch.
Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, 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 conditions eligibility on, among other criteria, a court finding that the defendant's mental disorder played a significant role in the commission of the charged offense. Existing law requires, if the defendant has performed satisfactorily in diversion, that the court dismiss the defendant's criminal charges, with a record filed with the Department of Justice indicating the disposition of the case diverted, that the arrest is deemed never to have occurred, and requires the court to order access to the record of the arrest restricted, except as specified. This bill would make defendants ineligible for the diversion program for certain offenses, including murder, voluntary manslaughter, and rape. The bill would authorize a court to require the defendant to make a prima facie showing that the defendant will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion, as specified. The bill would also require the court, upon request, to conduct a hearing to determine whether restitution is owed to any victim as a result of the diverted offense and, if owed, to order its payment during the period of diversion. The bill would provide that a defendant's inability to pay restitution due to indigence or mental disorder would not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. The bill would also make technical changes.
(1) Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public. Under this bill, a person or entity that engages in any for-profit activity in connection with the reservation of any overnight accommodation in any unit of the state park system, including sales activity to reserve an overnight accommodation on behalf of a 3rd party, without permission of the department or the operator of that state park system unit, would be guilty of a misdemeanor or an infraction, punishable as specified. The bill would establish a state-mandated local program by creating a new crime. The bill would express the intent of the Legislature that the department consult with experts in the public and private sectors, as specified, on the effective implementation of this provision, and provide an annual update to the Legislature on the implementation of this provision. (2) 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. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. The CalWORKs program also provides a nonrecurring special needs benefit for permanent housing assistance to pay for last month's rent and security deposits, up to 2 months of rent arrearages, or standard costs of deposits for utilities, as specified. Existing law requires payments to providers for temporary shelter and permanent housing and utilities to be made on behalf of the families requesting these payments. Existing law prohibits payments from being made to a housing provider unless it is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. This bill, commencing July 1, 2019, would remove the requirement that a person in the business of renting properties have a history of renting properties in order to receive payments and would additionally authorize payments to a housing provider with which the families requesting assistance have executed a valid lease, sublease, or shared housing agreement. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program. This bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction from the Director of Social Services until final regulations are adopted, and would require the department to adopt emergency regulations on or before July 1, 2020. 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 continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would, instead, provide that the continuous appropriation would not be made for purposes of implementing the bill.
The Economic Revitalization Act establishes the Governor's Office of Business and Economic Development, also known as GO-Biz, to serve as the Governor's lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. The office, among others, makes recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic goals. This bill would require the office to lead the preparation of a California Economic Development Strategic Action Plan, as specified, to commission a study to identify and evaluate economic development issues, and to create a comprehensive agenda and framework for inclusive statewide and regional economic growth. The bill would authorize the office to accept nonstate moneys for the purposes of commissioning the study and developing the action plan. The bill would require the deposit of private sector donations into the Economic Action Plan Account, which the bill would establish in the California Economic Development Fund.
