(1) Existing law authorizes a court to recall a sentence of imprisonment in the state prison and to resentence a defendant in the same manner as if the defendant had not previously been sentenced, upon the court's own motion or the recommendation of the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings. Existing law prohibits the new sentence from being greater than the initial sentence and requires that credit be given for time served. Existing law provides for the resentencing or recalling of a prisoner's sentence if the court finds that the prisoner is terminally ill or the prisoner is permanently medically incapacitated, as prescribed. This bill would similarly authorize the court to recall a sentence of imprisonment in a county jail for a felony, upon the court's own motion or the recommendation of the county correctional administrator, as specified. The bill would also extend the provisions for recall or resentencing for medical reasons to prisoners sentenced to county jail for a felony. By increasing the duties of county correctional administrators, this bill would impose a state-mandated local program. (2) Existing law requires the Judicial Council to adopt rules providing criteria for the consideration of the trial judge at the time of sentencing, including the imposition of the lower, middle, or upper prison term. This bill would require the Judicial Council to also adopt rules providing criteria for the imposition of the lower, middle, or upper term for a person sentenced to county jail for a felony. (3) Existing law provides that a person convicted of a felony who is committed to a state prison or other state institution or agency may file a petition for a certificate of rehabilitation and pardon upon completion of a specified period of rehabilitation. Existing law provides that the period of rehabilitation commences to run upon the discharge from custody for completion of the sentence term or upon the release on parole or probation, whichever is sooner. Existing law also requires that any person to whom these provisions apply be informed in writing by the official in charge prior to his or her discharge from a state prison or other state penal institution or agency of the right to petition for a certificate of rehabilitation and pardon. This bill would extend the right to petition for a certificate of rehabilitation and pardon to persons convicted of a felony who were committed to a county jail. The bill provides that the period of rehabilitation in that case commences upon discharge from custody or release on postrelease community supervision or mandatory supervision, whichever is sooner. The bill would require that any person to whom these provisions apply be informed in writing by the official in charge prior to his or her discharge from a county jail of the right to petition for a certificate of rehabilitation and pardon. The bill would make additional nonsubstantive changes and conforming changes, and would delete obsolete provisions. By increasing the duties of local officials, this bill would create a state-mandated local program. (4) Existing law, subject to exceptions, prohibits a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense that is pending against him or her at the time of commitment arising out of, among other things, the operation of a motor vehicle. Existing law also prohibits the driver's license of that person from being suspended or revoked, or issuance or renewal therefor denied, as a result of a nonfelony offense pending against him or her at the time of commitment that occurred prior to the time of commitment. Existing law excepts from those prohibitions an offense committed by a person while temporarily released from custody or on parole. This bill would extend those provisions to persons committed to a county jail for conviction of a felony. The bill would except from those prohibitions an offense committed by a person while on postrelease community supervision. (5) 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 these statutory provisions.
Sponsored bills
This measure would proclaim April 12 through April 19, 2015, as California Holocaust Memorial Week and would urge Californians to observe these days of remembrance for the victims of the Holocaust in an appropriate manner.
This measure would designate November 2015 as Court Adoption and Permanency Month and would encourage the courts and their local communities to join in activities to expedite permanency for children.
This measure would establish the California Task Force on Family Caregiving, to meet, if a nonstate organization agrees to provide administrative support to the task force, to examine issues relative to the challenges faced by family caregivers and opportunities to improve caregiver support, review the current network and the services and supports available to caregivers, and make policy recommendations to the Legislature. The task force would be required to submit an interim report to the Legislature no later than January 1, 2017, and a final report no later than July 1, 2018.
This measure would recognize the California Association of County Veterans Service Officers for helping veterans secure their federal and state benefits over the past 70 years.
The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined by means of redevelopment projects financed by the issuance of bonds serviced by tax increment revenues derived from the project area. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved agencies and to fulfill the enforceable obligations of those agencies. Existing law also provides for various economic development programs that foster community sustainability and community and economic development initiatives throughout the state. This bill would authorize certain local agencies to form a community revitalization authority (authority) within a community revitalization and investment area, as defined, to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing, and economic revitalization. The bill would provide for the financing of these activities by, among other things, the issuance of bonds serviced by tax increment revenues, and would require the authority to adopt a community revitalization and investment plan for the community revitalization and investment area that includes elements describing and governing revitalization activities. The bill would also provide for periodic audits by the Controller. The bill would also require the Department of Housing and Community Development, advised by an advisory committee appointed by the Director of Housing and Community Development, to periodically review the calculation of surplus housing under these provisions. The bill would require certain funds allocated to the authority to be deposited into a separate Low and Moderate Income Housing Fund and used by the authority for the purposes of increasing, improving, and preserving the community's supply, as specified. The bill would, if an authority failed to expend or encumber surplus funds in the Low and Moderate Income Housing Fund, require those funds to be disbursed towards housing needs. The bill would require an authority to make relocation provisions for persons displaced by a plan and replace certain dwelling units that are destroyed or removed as part of a plan. The bill would authorize an authority to acquire interests in real property and exercise the power of eminent domain, as specified.
This measure would urge the Congress of the United States to permanently reauthorize and fully fund the federal Land and Water Conservation Fund in order to maintain and preserve land and water resources.
This measure would encourage citizens, businesses, groups, organizations, and public institutions to observe and participate in coastal protection activities, and proclaim September 19, 2015, as the 31st annual Coastal Cleanup Day.
This measure, among other things, would urge both private and public medical training institutions in the state to provide equal access to osteopathic and allopathic students to apply to training programs, would urge osteopathic medical schools, allopathic medical schools, and their training institutions to build on current successes of working toward greater collaboration and coordination of education and training for California's future physicians, and would urge efforts by training institutions and allopathic and osteopathic medical schools to work toward greater acceptance and integration of osteopathic and allopathic students.
This measure would, among other things, memorialize the Congress of the United States to ban the sale or display of any Confederate flag, including the Confederate Battle Flag, on federal property and encourage states to ban the use of Confederate States of America symbolism from state flags, seals, and symbols, and would encourage the donation of Confederate artifacts to museums.