Asm. Curt Hagman

Existing law specifies that a public entity or a public employee shall not be liable for an injury caused by the plan or design of a construction of, or an improvement to, public property in specified cases. Existing law allows public entities to establish bicycle lanes on public roads. This bill would provide that a public entity or an employee of a public entity acting within his or her official capacity is not be liable for an injury caused to a person riding a bicycle while traveling on a roadway, if the public entity has provided a bike lane on that roadway.

Existing law authorizes the release of a defendant on his or her own recognizance in specified circumstances. Existing law also requires the Department of Justice to file for record and report all descriptions, information, photographs, and measurements of all persons convicted of a felony. This bill would require the Department of Justice to collect specified data on individuals who are charged with a felony, including the number of people cited and released without being booked, the number of people released on their own recognizance prior to an initial court appearance, the number of people released on alternative custody prior to making bail, and the felony with which the person is charged. The bill would require the department to post this information, in aggregate, on its Internet Web site.

Existing law requires that all persons released from prison on and after October 1, 2011, after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period of 3 years immediately following release, except for persons released after serving a term for a serious felony, a violent felony, an offense for which the person was sentenced pursuant to the Three Strikes law, a crime where the person is classified as a High Risk Sex Offender, or a crime where the person is required to undergo treatment by the State Department of State Hospitals because the person has a severe mental disorder. Existing law requires these persons to be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to establish a parole reentry accountability program, and, subject to the availability of funding, to enter into a memorandum of understanding with the Administrative Office of the Courts for the establishment and operation of reentry court programs for parolees and persons on postrelease community supervision. This bill would, until January 1, 2018, require the Secretary of the Department of Corrections and Rehabilitation to establish a 3-year postrelease reentry pilot program, using an existing Sacramento area-based parole reentry program as a model, in 3 additional counties to provide comprehensive, structured reentry services for offenders released from state prison. The bill would require the Counties of San Bernardino, San Joaquin, and San Mateo to participate in the pilot program, and would provide that parolees, persons on postrelease community supervision, and probationers are eligible for participation in the program. The bill would require the secretary to submit a report on the effectiveness of the program for the 3 years of its operation to the Legislature on or before March 1, 2017, and a summary of the report to the Governor and the Legislature outlining the successes of the program. The bill would state the intent of the Legislature to appropriate $1,200,000 per year per site from the state General Fund for the operation of the program, subject to matching funds from the county, and to appropriate an additional amount for the cost of evaluating the program. By imposing new and additional duties on local agencies in the participating counties, 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 these statutory provisions.

(1) The Kindergarten-University Public Education Facilities Bond Act of 2006 (bond act) , approved by the voters as Proposition 1D at the November 7, 2006, statewide general election, authorizes the issuance and sale of a total of $10,416,000,000 in general obligation bonds. The bond act requires that $100,000,000 of the proceeds from the sale of those bonds be allocated for purposes of incentive grants to promote the use of designs and materials in new construction and modernization projects that include attributes of high-performance schools. Existing law authorizes a school district to enter into leases and agreements relating to real property and buildings to be used jointly by the school district and any private person, firm, local governmental agency, or corporation, requires the governing board of a school district to own the site upon which a building is to be used in this manner before entering into a lease or agreement, and requires a lease or agreement to include a provision requiring the private person, firm, local governmental agency, or corporation to construct, or provide for the construction, on the demised premises of a building or buildings for the joint use of the school district and the private person, firm, local governmental agency, or corporation. This bill would authorize the State Allocation Board to provide an incentive grant to school districts to fund the use of designs and materials characteristic of high-performance schools for school districts executing a joint-occupancy agreement and would authorize the incentive grant to be used for high-performance components of a new construction or modernization project at any schoolsite within the school district. The bill would provide that incentive grant eligibility is established by entering into a joint-occupancy lease and agreement and would require the agreement to generate income for the school district within 7 years after the agreement is entered into. (2) The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those law, including a credit for the startup expenses of constructing a child care facility, as specified. This bill would authorize a specified tax credit, as applicable, for a developer, contractor, investor, or combination of private sector partners that execute a joint occupancy agreement with school districts, as described above, or execute an agreement with the governing board of a school district to purchase, lease, or exchange school property in accordance with specified requirements. The bill would authorize the tax credit to be a specified percentage of the total cost to the developer, contractor, investor, or combination of private sector partners of the joint-occupancy project for up to 7 taxable years. The bill would authorize a school district or county office of education to establish a foundation with the authority to accept tax-deductible donations from a private sector entity that is a party to a joint-occupancy agreement. The bill would also authorize a governing board of a school district to enter into an agreement with a private sector entity or nonprofit entity for purposes of improving educational facilities and would authorize that agreement to include provisions authorizing the private sector entity or nonprofit entity to use the improved educational facilities at times that do not conflict with operations or extracurricular activities of the school district if the private sector entity or nonprofit entity contributes substantial resources to improving the educational facilities, as specified.

Existing law permits, and with respect to certain sex offenders requires, the use of electronic monitoring by county probation departments and the Department of Corrections and Rehabilitation to electronically monitor the whereabouts of persons on postrelease community supervision and parole, respectively. Under existing law, a person on postrelease community supervision parole, or mandatory supervision who fails to comply with the rules or conditions for the use of electronic monitoring as a supervision tool may be found to have violated the terms of his or her postrelease community supervision parole, or mandatory supervision, respectively, and may be required to serve a term of imprisonment in the county jail. This bill would provide that unauthorized removal, as specified, of an electronic, global positioning system (GPS) , or other monitoring device affixed as a condition of postrelease community supervision parole, or mandatory supervision is an offense punishable by imprisonment in the county jail for not more than one year, or in the state prison for 16 months, 2 years, or 3 years. This bill would also provide that a person on postrelease community supervision parole, or mandatory supervision who is ordered pursuant to a revocation hearing to serve a term of imprisonment, incarceration, or confinement for violating the conditions of release, when the violation was based on the removal or disabling of an electronic, GPS, or other monitoring device affixed as a condition of release, and the person has not been prosecuted for that conduct, shall serve that term in the state prison. This bill would also make related, conforming changes. By creating a new 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.

(1) Existing law establishes various categorical education programs, and appropriates the funding for those programs in the annual Budget Act. Existing law requires the Superintendent of Public Instruction, for the 2008–09 to 2014–15 fiscal years, inclusive, to apportion from the amounts provided in the annual Budget Act for specified categorical education programs an amount based on the relative proportion that the local educational agency received in the 2008–09 fiscal year for those programs and authorizes local educational agencies, for those fiscal years, to use these funds, with specified exceptions, for any educational purpose, to the extent permitted by federal law. Existing law requires a school district that receives funding on behalf of a charter school pursuant to certain provisions, for the 2008–09 to 2014–15 fiscal years, inclusive, to continue to distribute the funds to those charter schools based on the same relative proportion that the school district distributed in the 2007–08 fiscal year, as adjusted by the school district to reflect changes in charter school attendance in the school district. Existing law requires a local educational agency to report expenditures of these funds to the State Department of Education. Existing law also requires the Superintendent, for the 2010–11 to 2014–15 fiscal years, inclusive, to allocate a supplemental categorical block grant to a charter school that began operation on or after the 2008–09 fiscal year, as specified. This bill would delete the 2014–15 fiscal year termination dates and would require, commencing with the 2014–15 fiscal year, the apportionments from the categorical education programs, as described above, to be apportioned to recipients by multiplying the recipient's per-pupil rate, calculated as specified, by the recipient's current fiscal year average daily attendance. The bill would also require the department to adopt uniform definitions for reporting the expenditure of the funds and would require a local educational agency, as a condition of receiving the funds, to (A) report the expenditure of those funds to the department, as specified, and (B) post information on the Internet Web site of the local educational agency on the expenditure of the funds at the school district level on a per pupil basis and identify separately the amount expended at each schoolsite on a per pupil basis. By requiring school districts to continue to distribute funds to charter schools, as discussed above, beyond the 2014–15 fiscal year, the bill would impose a state-mandated local program. (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, 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.

Existing law makes it unlawful for any person to offer or sell in this state any security in an issuer transaction unless the sale has been qualified or unless the security or transaction is exempt from or not subject to qualification, as specified. Existing law provides an exemption for the sale or issue of specified voting common stock or preferred stock to a qualified purchaser with a net worth in excess of specified limits. This bill would add nonpreferred voting securities, as defined, to the list of securities exempt from qualification requirements under these provisions and would make other conforming changes.

Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law requires the Judicial Council to report biennially to the Legislature and the Governor on the factually determined need for new judgeships in each superior court, using that uniform criteria. This bill would require the Judicial Council, upon the availability of funding, to allocate 12 additional judges each fiscal year to those counties in which the current judicial position allocations are disproportionate to the Judicial Council's recommendation of assessed judicial need.

Existing law requires each county and city and county receiving specified funds to establish and maintain a local health and welfare fund comprised of several accounts, including a mental health account, a social services account, and a health account. This bill would authorize a county or city and county to reallocate up to 10% of the amount deposited each fiscal year in the local health account, or local social services account, or both, to the local mental health account, as specified.

Existing law, known as Laura's Law, until January 1, 2017, regulates designated assisted outpatient treatment services, which a county may choose to provide for its residents. In a county where assisted outpatient treatment services are available, a person is authorized to receive specified mental health services pursuant to an order if requisite criteria are met, as specified. Under that law, participating counties are required to provide prescribed assisted outpatient services, including a service planning and delivery process that provides for services that are client-directed and employ psychosocial rehabilitation and recovery principles. Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. The act provides that it may be amended by the Legislature by a 23 vote of each house as long as the amendment is consistent with and furthers the intent of the act, and that the Legislature may also clarify procedures and terms of the act by majority vote. The act establishes the Mental Health Services Fund, continuously appropriated to and administered by the State Department of Health Care Services, to fund specified county mental health programs, including prevention and early intervention programs, which include outreach, and programs implemented under the Adult and Older Adult Mental Health System of Care Act. The Adult and Older Adult Mental Health System of Care Act establishes services standards that require, among other things, that a service planning and delivery process provides for services that are client-directed and employ psychosocial rehabilitation and recovery principles. This bill would declare that it is consistent with and furthers the intent of the Mental Health Services Act. This bill would clarify that services provided under Laura's Law may be provided pursuant to the Mental Health Services Act. This bill would provide that outreach under prevention and early intervention programs may include the provision of funds to school districts, county offices of education, and charter schools for the purposes of obtaining and providing training to identify students with mental health issues that may result in a threat to themselves or others. By allocating moneys in the Mental Health Services Fund for new purposes, this bill would make an appropriation. This bill would delete obsolete provisions and make other conforming changes. Because the bill would amend Proposition 63, it would require a 23 vote of the Legislature.