Existing law requires notice of, and the opportunity for an incarcerated parent to be physically present in, proceedings terminating his or her parental rights or seeking to adjudicate the child of a prisoner a dependent child of the court. These proceedings may not be adjudicated without the physical presence of the parent unless the court receives a knowing waiver from the parent of his or her right to be physically present at the proceedings, or an affidavit signed by a person in charge of the incarcerating institution that the prisoner does not intend to appear at the proceeding. Existing law provides that, for all other kinds of actions not specified above in which an incarcerated parent's legal rights are adjudicated, the court may order the physical presence of the parent at the proceeding. This bill would provide that an incarcerated parent who has either waived the right to be physically present at the proceeding or who has not been ordered by the court to be present at the proceeding may be given the opportunity, at the discretion of the court, to participate in the proceeding by videoconference or teleconference, if that technology is available, as long as the parent's participation otherwise complies with the law. This bill would state the intent of the Legislature to preserve internal job placement opportunities and earned privileges of prisoners, and to prevent the removal of prisoners from court-ordered courses, as a result of participation in child dependency proceedings. This bill would permit the Department of Corrections and Rehabilitation to accept donated materials and services related to videoconferencing and teleconferencing in order to implement a program, at a prison to be determined by the department, to facilitate the participation of incarcerated parents in dependency court hearings. The bill would specify that the implementation of the program is contingent upon the receipt of sufficient donations of materials and services by the department.
Sponsored bills
Existing law establishes the 3 segments of public postsecondary education in this state. These segments include the California State University, the campuses of which are administered by the Trustees of the California State University, the University of California, which is administered by the Regents of the University of California, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at community college campuses. Existing law, known as the Donahoe Higher Education Act, authorizes the community colleges to grant associate in arts and associate in science degrees. The act also requires the regents, the trustees, and the board of governors to have as a fundamental policy the maintenance of a healthy and expanded program to increase the number of transfer students from community colleges. This bill would enact the Student Transfer Achievement Reform Act, which, commencing with the 2011–12 academic year, would require a student that receives an associate degree for transfer to be deemed eligible for transfer into a California State University baccalaureate program when the student meets prescribed requirements. The bill would condition a community college district's receipt of state apportionment funds on its development and granting of associate degrees for transfer, unless each of the state's community college districts waives reimbursement for specified state-mandated costs of implementing the bill in accordance with a prescribed procedure. This bill would prohibit a community college district from imposing any requirements, in addition to these requirements, for a student to be eligible for the associate degree for transfer, and would prohibit remedial noncollegiate level coursework from being counted towards the units required for the associate degree for transfer. This bill would require the California State University to guarantee admission with junior status to any community college student who meets the requirements for the associate degree for transfer. This bill would not guarantee a student admission for specified majors or campuses, but would require the California State University to grant a student priority admission to his or her local California State University campus and to a program or major that is similar to his or her community college major or area of emphasis, as determined by the California State University campus to which the student is admitted. This bill would authorize the California State University to require a transferring student to take additional coursework at the California State University in specified circumstances, and would prohibit the California State University from requiring a transferring student to repeat courses that are similar to those taken at the community college that counted towards the units required for the associate degree for transfer. This bill would also require the Legislative Analyst's Office to review and report to specified legislative committees and subcommittees, within a prescribed time period, on specified outcomes and recommendations related to this act. By requiring a community college district to grant the associate degree for transfer in exchange for receipt of state apportionment funds, 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 these statutory provisions.
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of these provisions is punishable as a misdemeanor. This bill would require all manufacturers of Asian rice based noodles to place labels on the Asian rice based noodles that indicate the date of manufacture and to include a warning that the Asian rice based noodles are perishable and must be consumed within 4 hours of manufacture. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, as defined. The law requires the State Department of Public Health to adopt regulations to implement and administer those provisions, and delegates primary enforcement duties to local health agencies. A violation of any of these provisions is punishable as a misdemeanor. This bill would permit the sale of Asian rice based noodles, as defined, that have been at room temperature for no more than 4 hours and would prohibit the sale of Asian rice based noodles unless they are labeled according to the requirements of this bill. This bill would also require the local enforcement agency to approve the manner in which Asian rice based noodles kept at room temperature are to be consumed, cooked, or destroyed. By imposing new duties upon local agencies and expanding the definition of a 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the 3 segments of public postsecondary education in this state. This bill would require the board to adopt a plan for promoting and improving student success within the California Community Colleges and to establish a taskforce to examine specified best practices and models for accomplishing student success. The bill would require the taskforce to develop and present specified recommendations to the board for incorporation into the plan to improve student success and completion within the California Community Colleges. The bill would require the board, prior to implementation of the plan, to report the contents of the plan, and the recommendations of the taskforce, to specified legislative committees by March 1, 2012.
(1) Existing law requires, if a person is convicted of a specified driving-under-the-influence (DUI) offense and the offense occurred within 10 years of 2, or 3 or more, prior specified DUI offenses that resulted in a conviction, that the person be punished by enhanced penalties, and that the person's privilege to operate a motor vehicle be revoked by the department for a period of 2, 3, 4, or 5 years, as applicable. Existing law authorizes the court to impose specified additional orders on a person when the person is convicted of a driving-under-the-influence (DUI) offense, depending on the circumstances. This bill would, beginning January 1, 2012, authorize the court to order a 10-year revocation of the driver's license of a person who has been convicted of 3 or more specified DUI offenses if the court considers certain factors, including, but not limited to, the period of time that has elapsed since his or her previous DUI convictions. The bill would also authorize a person who had his or her driver's license revoked for 10 years to apply to the Department of Motor Vehicles, 5 years from the date of the last DUI conviction, to have his or her privilege to operate a motor vehicle reinstated subject to certain conditions, including, among other things, the condition that the person was not convicted of any other drug- or alcohol-related offenses, under state law, during the driver's license revocation period. (2) Existing law requires that a person, convicted of driving under the influence, without bodily injury to another, within 10 years of being convicted of a separate violation of one or more specified DUI offenses, be punished by his or her driving privilege being suspended or revoked for a period of 2 or more years. Existing law requires, among other things, the Department of Motor Vehicles to advise a person, who was only under the influence of an alcoholic beverage at the time of the violation, that he or she may apply for a restricted driver's license after completion of 90 days, 6 months, or 12 months, of the suspension or revocation period, or if the person was under the influence of any drug or the combination of any drug and alcohol, or if the person concurrently did any act forbidden by law or neglected any duty imposed by law that proximately caused bodily injury to another person other than the driver, then after completion of 12 months of the revocation period, which may include credit for a specified concurrent suspension, subject to specified conditions. This bill would revise and recast the above provisions to make technical and nonsubstantive, as well as conforming, changes as a result of the changes made by Chapter 193 of the Statutes of 2009 (SB 598) .
Existing law requires the Corrections Standards Authority to establish minimum standards for state and local correctional facilities, including standards restricting the shackling of women in labor, during childbirth, and while in recovery after giving birth, and to review those standards biennially and make any appropriate revisions, as specified. This bill would require that the standards ensure that women who are pregnant shall not be shackled by the wrists, ankles, or both during any transport, during labor, during delivery, and while in recovery after giving birth, except that the least restrictive restraints possible may be used when deemed necessary for the inmate, consistent with the legitimate security needs of the inmate, the staff, and the public. The bill would require the authority to develop these standards regarding the shackling of pregnant women as part of its biennial review of its standards. Under existing law, pregnant inmates of the Department of Corrections and Rehabilitation, wards of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and wards in the custody of a local juvenile facility, are to be transported in the least restrictive way possible when being taken to a hospital for purposes of childbirth. This bill would prohibit inmates and wards of these facilities who are known to be pregnant from being shackled by the wrists, ankles, or both during any transport, during labor, during delivery, and while in recovery after giving birth, unless deemed necessary for the safety and security of the inmate or ward, the staff, and the public. If restraints are deemed necessary during labor, delivery, recovery after birth, or transport, this bill would allow the person to be restrained in the least restrictive way possible, consistent with the legitimate security needs of each inmate or ward, the staff, and the public.
(1) Existing law requires every entity offering or conducting private school instruction on the elementary or high school level to annually verify information by filing with the Superintendent of Public Instruction an affidavit or statement under penalty of perjury setting forth specified information relating to the current year. The affidavit or statement must be made available to any parent or guardian whose child is currently enrolled or is considering whether to enroll his or her child in the school, as specified. If the employees of any entities that have a contract with a private school to provide specified services may have any contact with pupils, those employees are required to submit their fingerprints to the Department of Justice for a background check. The Department of Justice is authorized to notify the private school when the employee has a pending criminal case, or a criminal conviction, of specified crimes. Private schools contracting with an entity for construction or other related services where employees of the entity will have other than limited contact with pupils, are required to ensure the safety of the pupils by utilizing one or more methods. This bill would apply a substantially identical verification requirement to heritage schools, which is a school for children that serves children who are at least 4 years and 9 months of age to 18 years of age and who attend a public or private full-time school, and which offers foreign language education or tutoring and cultural education relating to a foreign country. The bill would require every person, firm, association, partnership, or corporation operating a heritage school to annually file with the Superintendent an electronic registration form, under penalty of perjury, by the owner or other head setting forth specified information, together with a fee determined by the Superintendent to be sufficient to cover, but not exceed, the costs of the department in implementing these provisions. Because the bill creates a new crime, it would impose a state-mandated local program. The bill would require heritage school contractors to submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees of specified entities that contract with a heritage school to obtain criminal history information, as specified. The Department of Justice would be required to forward requests for criminal history information to the Federal Bureau of Investigation, review reply information received from the bureau, and provide a determination and response to the heritage school contractor. The bill would require the contractor to request subsequent arrest information, as specified, from the Department of Justice. The Department of Justice would be required to charge a sufficient fee for the costs of processing requests for criminal history information. The heritage school would also be required to maintain membership in a state or national cultural or language association, comply with relevant applicable local regulations, and not operate out of a residential home. The bill would require the director of a heritage school to undergo at least 15 hours of health and safety training, as specified, and would require employees and volunteers of the heritage school to be in good health, as verified by a health screening performed by a licensed physician and surgeon. The bill would exempt a heritage school from licensure by the State Department of Social Services as a child day care center, as specified. The bill would require a heritage school to provide a notice to the parent or guardian of a pupil enrolling in the school stating that the school is exempt from child care licensure and that attendance at a heritage school does not satisfy state compulsory education requirements. The bill would establish the Heritage Enrichment Resource Fund. The Superintendent would be authorized to expend moneys deposited in the fund, upon appropriation by statute, as specified. (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.
(1) Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as defined, that includes the provision of specified services and activities. Under existing law, a child may be deemed a "migrant child" for a period not to exceed 5 years during which the child resides in an area where programs are provided for migrant children. Existing law requires priority to be given to programs and activities for migrant children and prohibits migrant programs from being provided solely for children who have ceased to migrate. This bill would reduce the number of years a child may be deemed a migrant child from 5 years to 3 years. The bill would delete the provisions above regarding priority and the prohibition against programs solely for children who have ceased to migrate, and would instead specify that priority for services shall be consistent with federal law. (2) Existing law requires the Superintendent of Public Instruction to establish the service regional system as the primary method for the delivery of services to migrant children and requires that regions be contiguous, with no less than 1,500, and no more than 8,000, migratory children. The bill would delete the cap on the number of migratory children that may be served in a region. (3) Existing law requires the Superintendent of Public Instruction to sponsor an annual State Parent Advisory Council Conference, and requires the council to prepare and submit a report to the Legislature, the State Board of Education, and the Governor regarding the status of the migrant education program. Existing law also requires the Superintendent and each operating agency to establish and implement training programs for members of the statewide and operating agency parent advisory councils to enable them to carry out their responsibilities. The bill would require the report to include an evaluation of the program, a review of annual needs, a year-end assessment, policy recommendations, and the data collected regarding the program. The bill would require the council to submit the report within 120 days from the conclusion of a training program on preparing the report provided by the Superintendent. (4) The bill also would make clarifying and nonsubstantive changes.
Existing law requires the Judicial Council to adopt guidelines for a comprehensive program concerning the collection of moneys owed for fees, fines, forfeitures, penalties, and assessments imposed by court order. This bill would prohibit a court from garnishing wages or levying a bank account for the enforcement and collection of fees, fines, forfeitures, or penalties imposed by a court against a person under 25 years of age who has an outstanding unpaid citation for truancy, loitering, curfew violations, or illegal lodging if the court obtains information that the person is homeless or has no permanent address. This bill would authorize a court to use these collection procedures when that person is 26 years of age or older. The bill would make related findings and declarations.
This measure would recognize March 31, 2010, as the anniversary of the birth of César Chávez, and would call upon all Californians to participate in appropriate observances to remember César Chávez as a symbol of hope and justice to all persons.