The Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura's Law, commencing January 1, 2022, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Mental Health Services Fund, when included in a county plan, as specified. Existing law authorizes a court in a participating county to order a person who is suffering from mental illness and is the subject of a petition to obtain assisted outpatient treatment if the court makes various findings including, among others, there has been a clinical determination that the person is unlikely to survive safely in the community without supervision, the person's condition is substantially deteriorating, and, in view of the person's treatment history and current behavior, the person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others. Existing law requires the petition to be accompanied by an affidavit of a licensed mental health treatment provider. Existing law authorizes the petition to be filed by the county behavioral health director, or the director's designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present, in accordance with prescribed procedures. This bill would, among other things, instead require that the above-described findings include a clinical determination that the person is unlikely to survive safely in the community without supervision and that the person's condition is substantially deteriorating, or that assisted outpatient treatment is needed to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others. This bill would allow the subject of the petition or the examining mental health professional to appear before the court for testimony by videoconferencing, as specified. The bill would additionally authorize the filing of a petition to obtain assisted outpatient treatment under the existing petition procedures for a person if the court makes a prescribed determination, including that the person is an eligible conservatee, as defined.
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Existing property tax law, pursuant to the authorization of the California Constitution, provides a disabled veterans' property tax exemption for the principal place of residence of a veteran, the veteran's spouse, or the veteran and veteran's spouse jointly, and the unmarried surviving spouse of a veteran, as provided, if the veteran is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled as a result of injury or disease incurred in military service, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. Existing property tax law requires any person claiming the disabled veterans' property tax exemption to file a claim, which is required to be filed under penalty of perjury, with the assessor giving any information required by the State Board of Equalization, as provided. This bill would authorize (1) the executor, administrator, or personal legal representative of the claimant's estate or (2) the trustee of the deceased claimant's trust assets to file a claim with the assessor in the manner described above. By expanding the duties of local government officials relating to claims for the disabled veterans' property tax exemptions, and by expanding the crime of perjury, 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, the Mitigation Fee Act, requires a local agency that establishes, increases, or imposes a fee as a condition of approval of a development project to, among other things, identify the purpose of the fee and the use to which the fee is to be put. Existing law requires a local agency to deposit those fees imposed for an improvement to serve the development project in a separate capital facilities account or fund and to expend those fees solely for the purpose for which the fees were collected. Existing law requires the local agency, after each fiscal year, to make public and to review specified information about each of those accounts or funds, including the amount of fees collected and the amount of the expenditures on each public improvement for the fiscal year. Existing law authorizes a person to request an audit to determine whether a fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of any product, public facility, or service provided by the local agency. If a local agency does not comply with the above-described disclosure requirement for 3 consecutive years, existing law prohibits the local agency from requiring that person to make a specified deposit and requires the local agency to pay the cost of the audit. This bill, additionally, would require that audit to include each consecutive year the local agency did not comply with the disclosure requirement. The bill would make clarifying changes to that provision.
Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation, within 6 months prior to the inmate's scheduled release date, to refer an inmate who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation and is either serving a determinate sentence or whose parole has been revoked, for screening by the department and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person's social, criminal, and institutional history. Under existing law, if this screening determines that the person is likely to be a sexually violent predator, the department is required to refer the person to the State Department of State Hospitals for a full evaluation. This bill, for an individual who is in custody under the jurisdiction of the department for the commission of a new offense committed while the individual was serving an indeterminate term in a state hospital as a sexually violent predator, would require the Secretary of the Department of Corrections and Rehabilitation to refer the person directly to the State Department of State Hospitals for full evaluation as to whether the person still meets the criteria as a sexually violent predator. The bill would, if the evaluators concur that the requirements are still met, require the Director of State Hospitals to petition the court to either return the person to the State Department of State Hospitals to continue serving the remainder of the individual's original indeterminate commitment as a sexually violent predator if the original petition has not been dismissed, or to forward a request for a new petition to be filed if the original petition has been dismissed.
Existing law generally requires the licensure and regulation of various health care facilities, including, among others, a hospice facility. The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, prohibits specified criminal penalties from being imposed on a patient or a patient's primary caregiver who possesses or cultivates cannabis for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, known as the Medical Marijuana Program, requires counties to administer an identification card program for qualified patients and provides immunity from arrest to qualified patients with a valid identification card or designated primary caregivers, within prescribed limits. This bill, the Compassionate Access to Medical Cannabis Act or Ryan's Law, would require specified types of health care facilities to allow a terminally ill patient's use of medicinal cannabis within the health care facility, subject to certain restrictions. The bill would require a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. The bill would require a health care facility to reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. The bill would provide that compliance with the bill would not be a condition for obtaining, retaining, or renewing a license as a health care facility. The bill would require that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and would make those facilities subject to enforcement actions by the State Department of Public Health. The bill would authorize a health care facility to suspend compliance with these provisions if a regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services takes specified actions, including initiating an enforcement action against a health care facility related to the facility's compliance with a state-regulated medical marijuana program.
(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law defines a licensed branch office with reference to certain winegrower and brandy manufacturer facilities for which a duplicate license has been issued. Existing law prohibits a winegrower or brandy manufacturer from selling wine or brandy to consumers, or engaging in winetasting activities, at more than one licensed branch premise. Existing law limits the effect of this prohibition in connection with other premises, as specified. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor. This bill would revise the prohibition described above to allow a winegrower or brandy manufacturer to sell wine or brandy to consumers, or to engage in winetasting activities, at up to 2 licensed branch premises. By broadening the definition of a crime, this bill would impose a state-mandated local program. The bill would also make technical, clarifying changes. The Alcoholic Beverage Control Act also provides for application fees for a new license, not including a duplicate license, and for various annual renewal fees, depending on the type of license, including an annual fee for the renewal of a duplicate winegrower's license. The bill would provide for an application fee of $440 for a duplicate winegrower's license application. (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.
Existing law provides that the expiration date for an original driver's license or a driver's license renewal is the 5th birthday of the applicant following the date of the application for the license. Existing law authorizes a program for renewal of driver's licenses by mail. Existing law prohibits renewal of a driver's license by mail if the licensee is 70 years of age or older, and prohibits renewal of a driver's license by mail more than 2 consecutive times. This bill would provide that, for an applicant who is at least 25 years of age, but under 70 years of age, at the time of the application for an original driver's license, or at the time of expiration of an original driver's license or a renewed license, the original driver's license or a driver's license renewal will expire on the 8th birthday of the applicant following the date of the application for the license. The bill would prohibit renewal of a driver's license by mail 2 consecutive times. The bill would make other, conforming changes.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes licensed winegrowers and brandy manufacturers to exercise their license privileges away from their licensed premises at, or from, branch offices or warehouses or United States bonded wine cellars located away from the place of production or manufacture, subject to specified exceptions. One of the exceptions to this authorization is the sale or delivery of wine to consumers in containers supplied, furnished, or sold by the consumer. This bill would delete the exception to the authorization applicable to winemakers, as described above, and would thus allow them to sell and deliver wine to consumers in containers supplied, furnished, or sold by the consumer away from their licensed premises.
Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court for vacatur relief. Existing law requires the petitioner to establish by clear and convincing evidence that the arrest and conviction were the direct result of being a victim of human trafficking. Existing law requires that a petition be made and heard within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the petitioner has sought services, whichever is later. Existing law allows a petitioner, or the petitioner's attorney, to be excused from appearing in person at a hearing on the petition only if the court finds a compelling reason why the petitioner cannot attend, in which case existing law allows the petitioner to appear by electronic means. This bill would prohibit a court from refusing to hear the petition on the basis of the petitioner's outstanding fines and fees or the petitioner's failure to meet the conditions of probation. With the exception of restitution, the bill would require that the collection of fines imposed as a result of a nonviolent offense that is the subject of the petition be stayed while the petition is pending. This bill would also allow the petitioner to appear at all hearings on the petition by counsel if the petition is unopposed. The bill would allow a petition to be made and heard at any time after the person has ceased to be a victim of human trafficking, or at any time after the petitioner has sought services for being a victim of human trafficking. The bill would specify that the right to petition for relief pursuant to these provisions does not expire with the passage of time. Existing law requires the court, for petitioners who qualify for vacatur relief, to order designated law enforcement agencies to seal their records of the petitioner's arrest and the court order to seal and destroy the records within 3 years from the date of arrest, or within one year after the court order for vacatur relief is granted, whichever is later, and thereafter destroy those records. Existing law requires the court to provide the petitioner with a copy of any court order concerning the destruction of the arrest records. This bill would designate additional agencies required to seal and destroy arrest records and require all designated agencies to seal and destroy the arrest records within one year of the date of arrest, or 90 days from the date the court order for vacatur relief is granted, whichever is later. The bill would also require the court to provide the petitioner and their counsel with a copy of any form the court submits to any agency related to the sealing and destruction of arrest records. The bill would require the department to notify the petitioner and their counsel that the department has complied with the order to seal the arrest records.
This measure would designate the month of September 2021 as Leukemia, Lymphoma, and Myeloma Awareness Month and Blood Cancer Awareness Month and the first week of September 2021 as Blood Donation Week.