(1) Existing law authorizes the state to issue a withholding order for taxes to collect a state tax liability, including any penalties, accrued interest, and costs, in accordance with certain procedures. Existing law defines "state tax liability" to mean an amount for which the state has a state tax lien created pursuant to specified provisions. This bill would expand the definition of "state tax liability" to also include any liability under the Personal Income Tax Law, the Corporation Tax Law, or specified franchise and income tax provisions that is due and payable and that is unpaid, as specified. (2) Existing law imposes various duties on the Franchise Tax Board with respect to the imposition of penalties in connection with tax avoidance, and partially conforms to federal income tax laws with respect to the penalties imposed. This bill, in modified conformity with federal income tax laws, would impose a penalty for an erroneous claim for refund or credit, as specified. (3) Existing laws require the Franchise Tax Board to administer specified taxes and collect those taxes from delinquent tax debtors and requires the Franchise Tax Board, in coordination with financial institutions doing business in this state, to operate a Financial Institution Record Match System utilizing automated data exchanges to the maximum extent feasible in order to allow the Franchise Tax Board to match its list of delinquent tax debtors, as defined, with the lists provided by the financial institutions. Existing law authorizes the Franchise Tax Board to disclose specified taxpayer information for purposes of data matching, and provides that the specified use of certain data is a misdemeanor. This bill would expand the definition of delinquent tax debtor to include a person liable for specified taxes, fees, surcharges, debts, penalties, interest, or other amounts required to be paid to the State Board of Equalization or paid or referred to the Employment Development Department, as provided. This bill would authorize the State Board of Equalization and the Employment Development Department to provide the Franchise Tax Board with information relating to delinquent tax debtors, would allow that information to be used in the collection of delinquent amounts under the Financial Institution Record Match System (FIRM) , and would require the State Board of Equalization and the Employment Development Department to reimburse the Franchise Tax Board for its costs in the implementation and administration of FIRM. By expanding the definition of an existing crime, this bill would impose a state-mandated local program. (4) Existing law has enacted the Multistate Tax Compact, which contains provisions regarding state tax laws, forms the Multistate Tax Commission, and requires the budget of the Multistate Tax Commission to be funded by party states. Existing law provides that, notwithstanding the provisions of the Multistate Tax Compact, including a provision that would allow a taxpayer to apportion its business income in accordance with a specified 3-factor formula, business income derived from or attributable to sources both within and without this state shall be apportioned between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to apportion its income in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. This bill would repeal all provisions related to the Multistate Tax Compact. This bill would find and declare that the doctrine of election provides that an election affecting the computation of tax must be made on an original timely filed return for the taxable period for which the election is to apply and once made is binding, and that the doctrine of election applies to any election that affects the computation of tax, as specified, which does not constitute a change in, but is declaratory of, existing law. This bill would also provide that the repeal of the Multistate Tax Compact in this bill shall not be construed to create any inference that a change in interpretation with respect to the compact or any reference to the compact prior to its repeal is implied by that repeal. (5) This bill would appropriate $1,000 from the General Fund to the Franchise Tax Board for administrative costs. (6) 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. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law requires a court to order a person, who is at least 18 years of age and who is convicted of a first violation of a driving-under-the-influence (DUI) offense, as specified, to attend a DUI program, including specified alcohol or drug education and counseling services, and provides for the licensing of those programs by the State Department of Alcohol and Drug Programs. This bill would prohibit any DUI program activities from (1) being conducted through a program that is not so licensed and (2) being completed through an online, distant learning, or remote learning method. The bill would further prohibit any credit from being given for any DUI program activities completed through an unlicensed program or through an online, distant learning, or remote learning method.
Existing law establishes the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation and provides the division with the authority to regulate oil and gas wells and production facilities. Existing law defines "well" to mean, among other things, a well drilled for the purpose of disposing of waste fluids from an oil or gas field. Existing law requires a person engaging in the operation of a class II commercial wastewater disposal well to file an indemnity bond with the State Oil and Gas Supervisor. This bill would revise this definition of "well" to mean a well used for the purposes of disposing of waste fluids brought to the surface in connection with conventional oil or gas production and may be commingled with wastewater from gas plants that are an integral part of production operations, unless those wastewaters are classified as hazardous waste at the time of injection. Existing law requires an operator of a well to file with the supervisor a report containing, among other things, information on the disposition of the water produced from an oil or gas field, the amount of fluid injected into a well used for enhanced recovery, and wastewater disposal. This bill would require a person engaging in the operation of a class II commercial waste fluid disposal well to file with the supervisor an indemnity bond. The bill would require an operator of a well to file with the supervisor a report containing information on the disposal of fluid and the composition of fluid in an oil or gas field, and additionally require the report to include the composition of fluid injected into a well.
Under existing law, the State Department of Alcohol and Drug Programs is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse and problem gambling. Existing law requires the department to issue allocations of state and federal funds available to counties to provide alcohol and other drug programs. Existing law also requires counties that utilize these funds to adopt and submit to the department a county plan and negotiated net amount contract for department review and approval or disapproval, as specified. This bill would, among other things, provide that, effective July 1, 2013, the administrative and programmatic functions that were previously performed by the department are transferred to departments within the California Health and Human Services Agency. It would also provide that the ultimate placement of these functions is contingent upon the Budget Act of 2013 and implementing legislation. The bill would, operative July 1, 2012, delete the county plan and negotiated net amount contract requirements and instead require counties that apply for funds to submit to the department a contract for federal funding from the state to provide alcohol and other drug prevention, treatment, and recovery services. It would declare that the state has an interest in a specified women and children's residential treatment services program, funded by federal grants, and state the Legislature's intent for the department to work with counties under the 2011 realignment to develop reporting requirements. The bill would generally remove references to state involvement and funding in reference to alcohol and drug abuse prevention, treatment, and recovery services in a county. The bill would authorize counties to establish drug courts subject to certain requirements and state oversight. This bill would also revise provisions pertaining to apportionment of penalties among counties. Existing law provides for the Medi-Cal Drug Treatment Program (Drug Medi-Cal) , under which counties enter into contracts with a department within the California Health and Human Services Agency for the provision of various drug treatment services to Medi-Cal recipients, or the department directly arranges for the provision of these services if a county elects not to do so. Existing law requires, commencing July 1, 2012, that the administrative functions of the Drug Medi-Cal Program performed by the State Department of Alcohol and Drug Programs be transferred to the State Department of Health Care Services in accordance with an administrative and programmatic transition plan. This bill would, operative July 1, 2012, make various changes to the statutory provisions regulating the Drug Medi-Cal program to conform these provisions to the above-described transfer requirement. This bill would appropriate $1,000 from the General Fund to the State Department of Health Care Services. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law, the Public Safety and Offender Rehabilitation Services Act of 2007, authorizes certain revenue bond construction of prison facilities. Under phase I of the act, the Department of Corrections and Rehabilitation is authorized to design, construct, or renovate housing units, support buildings, and programming space in order to add up to 12,000 beds at facilities under its jurisdiction. The department is also authorized to acquire land, design, construct, and renovate reentry program facilities to provide housing for up to 6,000 inmates, as specified, and to design and construct new, or renovate existing, buildings and any necessary ancillary improvements, at facilities under the jurisdiction of the department to provide medical, dental, and mental health treatment or housing for up to 6,000 inmates. The provisions of phase I of the act authorize the State Public Works Board to issue revenue bonds, negotiable notes, or negotiable bond anticipation notes to finance the acquisition, design, and construction pursuant to those provisions, and provides that the authorized costs for the acquisition, design, and construction shall not exceed $1,800,000,000, $975,000,000, and $857,100,000, respectively, for the costs of the projects specified above. The provisions of phase I also authorize the board to borrow funds for project costs, including acquisition, design, construction, and construction-related costs, from the Pooled Money Investment Account, as specified. This bill would instead authorize the department to design and construct new, or renovate existing, housing units, support buildings, programming space, and any necessary ancillary improvements in order to add capacity at facilities and to provide medical, dental, and mental health treatment or housing to inmates, and would specify the facilities and projects for which funds may be used. The bill would revise the maximum amount of costs authorized for the design and construction of the projects specified above. The bill would delete the provisions authorizing the department to acquire land, design, construct, and renovate reentry program facilities. Existing law appropriates $300,000,000 from the General Fund for capital outlay to be allocated to renovate, improve, or expand infrastructure capacity at existing prison facilities. Existing law authorizes the funds to be used for specified other purposes, including for study and acquisition of options to purchase real property for reentry facilities, as specified. This bill would eliminate the authorization to use the funds for study and acquisition of options to purchase real property for reentry facilities and would authorize the funds to be used for the design and construction of improvements to medication distribution facilities at state prison facilities. The bill would also revise various reporting and accounting requirements with respect to the funds. Under phase II of the act, the department is required to complete site assessments at facilities where it intends to construct or renovate additional housing units, support buildings, and programming space in order to add up to 4,000 beds at facilities under its jurisdiction. Those provisions authorize the department to design and construct new, or renovate existing, buildings and any necessary ancillary improvements at facilities to provide medical, dental, and mental health treatment or housing for up to 2,000 inmates, and to acquire land, design, construct, and renovate reentry program facilities throughout the state that will house up to 10,000 inmates. Phase II of the act authorizes the State Public Works Board to issue revenue bonds, negotiable notes, or negotiable bond anticipation notes to finance those projects. This bill would repeal phase II of the act. Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board to acquire, design, and construct local jail facilities approved by the Corrections Standards Authority. Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amounts of $617,119,000 and $602,881,000 to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved local jail facilities, as specified. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for the purposes described above. This bill would decrease the authorization for revenue bonds, notes, or bond anticipation notes from $617,119,000 to $445,771,000 and increase the authorization of $602,881,000 to $774,229,000. By increasing moneys deposited into a continuously appropriated fund, this bill would make an appropriation. The bill would authorize the Board of State and Community Corrections, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. The bill would authorize the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipate notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, and would continuously appropriate the funds for those purposes. The bill would authorize the Department of Corrections and Rehabilitation to design and construct 3 level II dorm facilities adjacent to specified institutions, including Folsom State Prison, and would authorize the department to use specified funds previously appropriated to complete site suitability studies at those locations. The bill would authorize the State Public Works Board to issue up to $810,000,000 in revenue bonds, notes, or bond anticipation notes to finance design, construction, and construction-related costs for this project, and would continuously appropriate those funds for purposes relating to the project. The bill would also require the department, after completion of 3 Level II dorm facilities, to remove all inmates from, cease operations of, and close the California Rehabilitation Center in Norco, as specified. The bill would also make nonsubstantive, technical changes. The bill would appropriate the sum of $1,000 from the General Fund to the Department of Corrections and Rehabilitation for administration. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law governs the adoption of unmarried minors. Under existing law, a licensed adoption agency includes both licensed county and private adoption agencies. Further, existing law authorizes the State Department of Social Services to provide adoption services in counties without a county adoption agency. Existing law further prescribes the procedure for adopting a child through an agency or the State Department of Social Services, as well as for independent adoptions. Under existing law, licensed county adoption agencies perform homefinding and placement functions, investigate, examine, and make reports upon petitions for adoption filed in the superior court, act as placement agencies for placing children for adoption, accept relinquishments for adoption, and perform other tasks. This bill would instead provide that county adoption agencies are no longer licensed by the State Department of Social Services, but are instead authorized to perform the above-described functions. The bill would define county adoption agency as one run by a county or consortium of counties. The bill would provide that the adoption procedures currently governing the State Department of Social Services and licensed adoption agencies would also apply to these county adoption agencies, as defined. Existing law governs proceedings to declare a minor a dependent child of the court and sets forth the applicable procedures, including regular review hearings, before a court may order a hearing to terminate parental rights. Existing law further requires specified actions in these proceedings by the agency supervising a child in foster care during dependency proceedings, as well as by the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency in counties without county adoption agencies. Following the termination of parental rights in dependency proceedings, the dependent child may be placed for adoption. This bill would provide that the procedures currently required of the State Department of Social Services, licensed county adoption agencies, and agencies supervising children in foster care during dependency proceedings would apply to county adoption agencies. The bill would also delete references to the department acting as an adoption agency in counties that are not served by county adoption agencies. Existing law requires the State Department of Social Services to encourage adoption agencies to make adoption training programs available to prospective adoptive families. This bill would delete that requirement. Existing law, the California Fostering Connections to Success Act, revises and expands the scope of various programs relating to the provision of cash assistance and other services to and for the benefit of certain foster and adopted children, and other children who have been placed in out-of-home care, including children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC) , Adoption Assistance Program, California Work Opportunity and Responsibility to Kids (CalWORKs) , and Kinship Guardianship Assistance Payment Program (Kin-GAP) benefits. Among other provisions, the act extends specified foster care benefits to youth up to 19, 20, and 21 years of age, described as nonminor dependents, if specified conditions are met, commencing January 1, 2012. This bill also would make a nonminor dependent, or nonminor former dependent, who has been receiving specified aid, as described above, between January 1, 2012, and December 31, 2012, and who attains 19 years of age prior to January 1, 2013, or between January 1, 2013, and December 31, 2013, who attains 20 years of age prior to January 1, 2014, eligible to continue to receive that aid, notwithstanding the age limitations in existing law, provided that the nonminor dependent or nonminor former dependent continues to meet all other applicable eligibility requirements. This bill would provide that a county is not precluded from seeking federal funding on behalf of eligible nonminor dependents or nonminor former dependents, as described in the bill, for whom the county has provided specified aid using county-only funds, on and after January 1, 2012. Existing law establishes transition jurisdiction for the juvenile court and specifies the criteria required to come within this jurisdiction. Existing law authorizes a nonminor to petition the juvenile court to resume dependency jurisdiction or to assume or resume transition jurisdiction, as specified. This bill would provide that nonminors who are eligible for aid pursuant to the bill also are within the transition jurisdiction of the juvenile court. The bill would impose a state-mandated local program by increasing county duties with respect to programs and services for nonminor dependents. Existing law creates the Local Revenue Fund 2011 in the State Treasury, and creates within the fund the Trial Court Security Account, the Local Community Corrections Account, the Local Law Enforcement Services Account, the Mental Health Account, the District Attorney and Public Defender Account, the Juvenile Justice Account, the Health and Human Services Account, and the Reserve Account. Under existing law, moneys from specified tax sources and other moneys that may be specifically appropriated are required to be deposited in the Local Revenue Fund 2011. The fund is continuously appropriated for designated public safety services, including, but not limited to, the prevention of child abuse, the provision of services to abused, neglected, and exploited children, the provision of services to vulnerable children and their families, and the provision of adult protective services. Existing law prescribes the state share of cost applicable to the child welfare program and the support and care of former dependent children who are wards of related guardians under the Kinship Guardianship Assistance Payment Program (Kin-GAP) . This bill would require funding and expenditures for the child welfare program and Kin-GAP to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year, and each fiscal year thereafter. The bill similarly would revise the Independent Living Program for foster youth, and would require county social services departments to submit an annual Independent Living Program Report, including specified components, to the State Department of Social Services, consistent with federal law. By increasing county duties, the bill would impose a state-mandated local program. Under existing law, the state is required to pass on certain federal funds to counties for the provision of child welfare services, except as specified. Existing law prohibits the state from requiring counties to provide matching funds in amounts greater than the amount required of the state by the federal government. This bill would delete the prohibition against the state requiring counties to provide matching funds in excess of the amount required of the state by the federal government. Existing law authorizes the Director of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Pursuant to these agreements, these child welfare activities are delegated to the tribe, consortium of tribes, or tribal organization, which is also required to provide specified matching funds. This bill would specify the share of costs required of the tribe, consortium of tribes, or tribal organization operating a program pursuant to the above agreements. The bill would require any share of costs not specified to be equal to the applicable county share of costs provided for under existing law. Existing law establishes the California Child and Family Service Review System administered by the State Department of Social Services, to review all county child welfare systems, covering, child protective services, foster care, adoption, family preservation, family support, and independent living. This bill would impose a state-mandated local program by requiring counties to be responsible for and accountable to the department for specified child welfare program performance measures, and would specify the duties of the counties and the department in this regard. The bill would require funding and expenditures for the California Child and Family Service Review System to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year, and each fiscal year thereafter. This bill would revise State Department of Social Services procedures applicable when the department believes that a county is substantially failing to comply with law or regulation pertaining to any program administered by the department, and when county noncompliance results in a federal disallowance, deferral, or other financial consequence. This bill would revise operational and fiscal requirements applicable to various programs and services relating to foster and adoptive children, including requiring the funding and expenditures for these programs and services to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011-12 fiscal year, and each fiscal year thereafter. These include programs and services relating to the support and care of these children, such as AFDC-FC and Kin-GAP; AFDC-FC performance standards and outcome measures, including with respect to children placed in private for-profit facilities; transitional services, including housing; specialized care increments and clothing allowances; administrative costs; county social worker visits; county "Options for Recovery" programs; community-based kinship support services programs; wraparound services; and child abuse and neglect prevention and intervention programs. The bill would eliminate state participation in clothing allowances commencing with the 2011–12 fiscal year, and would make clothing allowances payable at the county's option, as specified. With respect to foster family agencies, the bill would incorporate the clothing allowance into a revised basic rate, as specified. Existing law establishes the continuously appropriated Transitional Housing for Foster Youth Fund in the State Treasury. This bill would eliminate this fund. Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care, pursuant to prescribed rate schedules. This bill would require the department to establish, in consultation with specified entities, a workgroup to develop recommended revisions to the current AFDC-FC ratesetting system, and would require the workgroup to submit these recommendations to the Legislature by a specified date. Existing law declares the intent of the Legislature to comply with federal law relating to the repayment of federal foster care, adoption assistance, and Kin-GAP overpayments. Existing law requires counties to remit the appropriate amount of federal funds, upon identification of the overpayment. Certain amounts are excluded from the overpayment requirement. This bill would require counties to pay 100% of the cost of the federal overpayments described above, for overpayments identified on and after July 1, 2012, and would authorize the county to retain any funds collected from overpaid providers or recipients after remitting the federal share. Existing law requires every youth who is in foster care and nearing emancipation to be screened by the county for federal Supplemental Security Income (SSI) eligibility, as specified. This bill would revise county procedures with respect to screening foster youth and nonminors in the care of a related caregiver for SSI benefits. Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. This bill would require counties, pursuant to a process developed by the department and the County Welfare Directors Association of California, to report to the department on the expenditure of savings realized as a result of maximizing available federal adoption assistance funding, thereby imposing a state-mandated local program. The bill would revise procedures applicable to the adoption of children who are HIV positive, or born to a substance-abusing mother. Existing law declares the intent of the Legislature to provide various services relating to family preservation and support, as specified, in connection with the statewide system of child welfare services. This bill would revise child welfare provisions relating to family preservation and support services, including requiring counties to expend funds for these activities in a manner that will maximize eligibility for financial participation under the federal Promoting Safe and Stable Families program. The bill also would require the State Department of Social Services and the Office of Child Abuse Prevention to provide specified administrative oversight, monitoring, and consultation, to ensure that federal funding is maintained and federal requirements are met. The bill would require family preservation and support services to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year and each fiscal year thereafter. The bill would make related technical and conforming changes. Existing law declares that the foundation and central unifying tool in child welfare services is the case plan. Existing law specifies issues to be considered when out-of-home placement is used to attain case plan goals, including selection of the environment best suited to meet the child's special needs and best interests. This bill would revise the selection criteria relating to out-of-home placements. This bill would recast and revise, make technical changes to, and repeal obsolete, provisions relating to child welfare services and programs, including the AFDC-FC program, the Child Welfare Services Case Management System, an advisory committee on therapeutic day services standards, and a workgroup on group care for foster children or youth, and for children with serious emotional disorders. This bill would appropriate $1,000 from the General Fund to the State Department of Social Services. 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. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law requires that revenues from 14% of the local sales and use tax rate be transferred to the local transportation fund of each county for allocation, as directed by the transportation planning agency, to various transportation purposes, under what is commonly known as the Transportation Development Act. Existing law specifies the allowable uses for local transportation funds, and generally requires, after certain deductions, that the funds attributed to the area of apportionment of each transit operator be used solely for transit purposes in counties with a population of 500,000 or more as of the 1970 census. However, in counties with a population under 500,000 as of the 1970 census and in certain other counties, these funds may also be used for local streets and roads, if the transportation planning agency finds that there are no unmet transit needs or no unmet transit needs that are reasonable to meet, and for other specified purposes. Existing law, effective July 1, 2014, generally requires a county with a population under 500,000 as of the 1970 census that has a population of 500,000 or more as of the 2000 census or a future census to use funds attributable to the urbanized area of the county solely for transit purposes, except that a city with a population of 100,000 or fewer in an urbanized area in that county would not be so restricted. Existing law provides that the July 1, 2014, requirements and exemptions do not apply to Ventura County, and instead generally requires all local transportation funds in that county to be used for transit purposes as of that date unless a specified report is submitted by the Ventura County Transportation Commission to the transportation committees of the Legislature by December 31, 2011, and a recommended legislative proposal in that report relative to reorganization of transit services and expenditure of these funds is enacted by the end of the 2011–12 legislative session. This bill would provide that local transportation funds in Ventura County shall be available solely for transit purposes beginning July 1, 2014, as specified. The bill would also provide that any of those funds that remain unencumbered for more than one year, or unexpended for more than 2 years, be returned to the Ventura County Transportation Commission for reapportionment to other transit operators or transit service in proportional amounts based on population, contingent upon specified criteria.
(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, require that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. Under existing law, the Local Revenue Fund 2011 contains various accounts and subaccounts from which the revenues are then allocated to corresponding local accounts. This bill would revise the provisions establishing the Local Revenue Fund 2011 by abolishing accounts in the fund as of September 30, 2012, with the exception of the Mental Health Account which this bill would retain, and creating new accounts, subaccounts, and special accounts in the Local Revenue Fund of 2011, as provided. The bill would require that money in the existing accounts be transferred to the newly created successor accounts on September 15, 2012. The bill would direct each county or city and county to create corresponding local accounts in each county or city and county's County Local Revenue Fund 2011, as provided, to receive allocations from the state accounts. The bill would permit any county or city and county to annually reallocate money between subaccounts in the local Support Services Account, and to reallocate funds from the Protective Services Subaccount or the Behavioral Health Subaccount, or both, to the Support Services Reserve Subaccount, which would be created pursuant to this bill, as provided. This bill would, for the 2012–13 fiscal year, and subsequent fiscal years, with respect to cash received beginning August 16 of each year, require the Controller to allocate the tax revenues received in the Local Revenue Fund 2011 to the Mental Health Account, and also to the Support Services Account, the Law Enforcement Services Account and the Sales and Use Tax Growth Account, which would be created by the bill, and to various subaccounts and growth special accounts created within those latter 3 accounts, according to specified percentages and maximums. In those subsequent fiscal years, the bill would also require the Controller to allocate funds to the subaccounts within the Support Services Account and the Law Enforcement Services Account from the subaccounts in the Sales and Use Tax Growth Account, based on specified calculations of base funding. The bill would require the Controller to post specified information on the Controller's Internet Web site regarding the funds deposited in those accounts and subaccounts. The bill would require the Controller to allocate funds, that would otherwise be allocated to a county for a program funded by the Behavioral Health Subaccount, to the County Intervention Support Services Subaccount in the Support Services Account if the State Department of Health Care Services determines that federal Medicaid funds are at risk due to specified circumstances. The bill would provide that, if the tax revenues deposited in the Local Revenue Fund 2011 cease or are decreased, the state shall provide an equivalent amount to fund the provision of Public Safety Services and, if that annual appropriation is not made, the bill would require the Controller to allocate those amounts from the General Fund, thereby making an appropriation. (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 any new program or higher level of service imposed on a local agency by the 2011 Realignment Legislation, as defined, or any executive order or administrative directive issued to implement that legislation, shall be reimbursed by the state only from moneys provided for that activity, as specified; that those agencies shall be obligated to provide the new program or higher level of service only to the extent of that funding so provided; and any new program or higher level of service provided by a local agency above the level for which funding has been provided shall be optional and, as such, the costs thereof shall not be subject to reimbursement, except in specified circumstances where, for certain programs, the state would provide 50% of the nonfederal shares of any increased costs. The bill would require a county electing to use its own funds to pay for any increased cost, duty, or level of service to first exhaust funding available to it from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would require funds deposited into a County Local Revenue Fund 2011 to be spent in a manner to maintain the state's eligibility for federal matching funds, as specified, and would prohibit those funds from being used to supplant other funding for Public Safety Services. The bill would provide that these provisions shall become inoperative upon approval by the voters of a specified constitutional amendment at the November 6, 2012, statewide general election. (3) Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for holding regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public and all persons be permitted to attend unless a closed session is authorized. This bill would require any decision of a county board of supervisors to eliminate or significantly reduce optional behavioral health services, adult protective services, or specified child welfare services funded from allocations from the Support Services Account of the Local Revenue Fund 2011 to be made in open session, as an action item, at a duly noticed meeting of the board. The bill would require a county or city and county to document any decision to make any change in its allocation between the Protective Services Subaccount or Behavioral Health Subaccount moneys at a regularly scheduled public hearing of its governing body. The bill would require that authorization to make a reallocation from the Protective Services Account or the Behavioral Health Subaccount, or both, to the Support Services Reserve Subaccount only be made in a duly noticed public meeting. (4) Existing law establishes the Local Revenue Fund, which contains specified accounts and subaccounts, including, among others, the Mental Health Subaccount and the CalWORKs Maintenance of Effort Subaccount. Existing law requires a monthly allocation from the Mental Health Account in the Local Revenue Fund 2011 to those subaccounts in the Local Revenue Fund. This bill would require $93,379,252 to be allocated monthly by the Controller to the Mental Health Account of the Local Revenue Fund 2011, and from that account to the Mental Health Subaccount in the Local Revenue Fund. The bill would also require specified funds in the Local Revenue Fund that would otherwise have been deposited into each county's Mental Health Account to be deposited into the CalWORKs Maintenance of Effort Subacconut, not to exceed $1,120,551,000 per year. (5) Existing law, for the 2011–12 fiscal year, allocates moneys from the Local Revenue Fund to the Mental Health Account, the Health and Human Services Account, the Trial Court Security Account, the Local Community Corrections Account, by county, the District Attorney and Public Defender Account, by county, and the Local Law Enforcement Services Account for specified purposes and requires the Controller to allocate those funds to the corresponding local accounts on specified dates. This bill would, for the purposes of the allocations in the 2011–12 fiscal year to the above accounts, include cash received in July and up to August 15, 2012. The bill, commencing with the 2012–13 fiscal year, beginning with cash received on and after August 16, 2012, would instead create and allocate funds to the Trial Court Security Subaccount, by county, would change the percentages to the counties that are allocated for criminal justice programs under the Community Corrections Subaccount and the District Attorney and Public Defender Subaccount, and would create and allocate funds in the Enhancing Law Enforcement Activities Growth Special Account in the Enhancing Law Enforcement Activities Subaccount, as specified. The bill would require moneys allocated from the growth special accounts in the Support Services Growth Subaccount and the Law Enforcement Services Growth Subaccount to be allocated to the corresponding account and subaccount in each county or city and county's County Local Revenue Fund 2011, either according to percentages provided by the bill, or pursuant to schedules provided by the Department of Finance, as specified. The bill would require each county treasurer, city and county treasurer, or other appropriate official to transfer 10% of the money the county receives from the Trial Court Security Growth Special Account, the Community Corrections Growth Special Account, the District Attorney and Public Defender Growth Special Account, and the Juvenile Justice Growth Special Account to the Local Innovation Subaccount, to be used for any of the purposes that money in those accounts may be expended. The bill would require the Controller to allocate certain moneys from the Protective Services Growth Special Account to counties for various local social services, including adult protective services, foster care grants and services, and child welfare services, according to certain percentages and calculations. The bill would require the Controller to allocate moneys from the Community Corrections Growth Special Account to counties to fund the Postrelease Community Supervision Act of 2011 and to fund housing of parolees in county jails. The bill would require the Controller to allocate moneys to each county from the Youthful Offender Block Grant Special Account and the Juvenile Reentry Grant Special Account to fund grants to provide local services relating to the custody and parole of youthful offenders in accordance with reports prepared by the Department of Finance. (6) Existing law establishes within the Local Revenue Fund 2011 various accounts and subaccounts relating to corrections, social services, and law enforcement, including the Local Community Corrections Account, the Adoptions Subaccount, and the Local Law Enforcement Services Account. Existing law governs various social services, including agency adoptions, services for foster youth, and the Medi-Cal Drug Treatment Program. This bill would revise and consolidate the system of accounts and subaccounts for these purposes, as specified. The bill would require that the moneys allocated from the Behavioral Health Subaccount of the Local Revenue Fund 2011 be distributed by the Controller pursuant to schedules provided by the Department of Finance created in consultation with appropriate state agencies and the California State Association of Counties. The bill would authorize, to the extent consistent with or required by federal law or court order, a county or counties to contract directly with the State Department of Health Care Services or the State Department of Social Services, as applicable, to provide for the provision or administration of the programs, services, or activities relating to the Drug Medi-Cal Treatment Program or agency adoptions. The bill would also authorize a county or city and county to elect and, in consultation with the California State Association of Counties be designated by the State Department of Social Services, to contract to provide specified social services programs, functions, or services, including services relating to private agency adoption reimbursements and postsecondary and training vouchers. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1) Existing law, for purposes of the crime of money laundering, defines criminal activity to mean a criminal offense punishable by the laws of the state by death or imprisonment in the state prison. This bill would include in the definition of criminal activity a criminal offense punishable by imprisonment in county jail for more than one year. By changing the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law defines a felony as a crime that is punishable by death, imprisonment in the state prison, or imprisonment in a county jail for more than one year. Existing law also provides exceptions to imprisonment in a county jail for a variety of felonies, including serious or violent felonies and any felony for which registration as a sex offender is required, among other exceptions. Under existing law, when a court commits a person to county jail for a felony, the court has the option of committing that person for the full term of his or her sentence or suspending execution of a concluding portion of the term, during which time the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation. Existing law provides for the revocation of probation, as specified. This bill would define mandatory supervision as the portion of the term that a defendant serves under supervision in compliance with the above provision. The bill would, for those crimes defined as serious or violent crimes or crimes for which registration as a sex offender is required, specify that the sentence is to be served in state prison. The bill would require the revocation or modification of mandatory supervision to be made pursuant to provisions of existing law providing for the revocation of probation as well as make the provisions for the revocation of probation applicable to the revocation of postrelease community supervision and parole. The bill would make related conforming changes. (3) Existing law establishes a program of postrelease community supervision for certain persons who are released from prison or whose sentence has been deemed served after serving a prison term for a felony. Existing law requires that these persons enter into a postrelease community supervision agreement as a condition of their release. Existing law includes specified provisions relating to a person who is on parole or probation, including HIV testing and release of summary criminal history information to the attorney representing the person. This bill would include a person who is subject to mandatory supervision or postrelease community supervision in specified provisions applicable to persons on parole and probation. The bill would require a person who is eligible for postrelease community supervision to be given notice that they are subject to postrelease community supervision prior to release and would remove the requirement for the person to enter into a postrelease community supervision agreement. (4) Existing law requires prisoners on parole to remain under the supervision of the Department of Corrections and Rehabilitation but prohibits them from being returned to prison except under specified circumstances. This bill would authorize a parolee awaiting parole revocation processing to be housed in a county jail in the county where he or she was arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail, in a county with which the arresting county has contracted while awaiting revocation proceedings or to be placed in an alternative custody program under the sole jurisdiction of the county. The bill would also authorize the housing of a juvenile who is awaiting parole revocation in a facility of the Division of Juvenile Facilities. (5) Under existing law, when a person is convicted of 2 or more crimes, the 2nd or subsequent judgment upon which sentence is ordered to be executed is required to direct whether the terms of imprisonment run concurrently or consecutively. This bill would require, whenever a court imposes a concurrent term of imprisonment in the state prison for any one crime, the terms for all other crimes for which the person is convicted be served in state prison. (6) Existing law, as amended by Proposition 69, approved by the voters at the November 2, 2004, statewide general election, subjects certain offenders to the collection of buccal swab samples, right thumbprints, a full palm print impression of each hand, and blood specimens or other biological samples for law enforcement identification analysis. Existing law requires these samples to be collected from any person on probation, parole, or other release, including any juvenile, who has a record of any past or present conviction for specified offenses and who is on probation or parole for any felony or misdemeanor offense, provided certain specified qualifications are met. Proposition 69 may be amended by a statute that is passed by each house of the Legislature and signed by the Governor, if the amendments further the purpose of the proposition and enhance the use of DNA identification evidence, for the purposes of accurate and expeditious crime-solving and exonerating the innocent. This bill would include, in addition to offenders on probation or parole, any person, including a juvenile, who meets the above criteria and who is on postrelease community supervision or mandatory supervision. Because this bill would impose additional duties on local agencies to collect these samples, this bill would impose a state-mandated local program. (7) Existing law requires incarceration in a county jail for certain specified felonies, and authorizes the court, when imposing a felony sentence to be served in county jail, to commit the defendant to a full term in custody, or, in the court's discretion, to suspend execution of a concluding portion of the term during which the defendant is supervised by the county probation officer for the remaining unserved portion of the sentence. Existing law provides that this period of supervision shall be mandatory, and may not be earlier terminated by the court. Existing law provides that a suspended sentence imposed pursuant to these provisions qualifies as a prior county jail term for purposes of imposing a one-year sentence enhancement when the term is suspended by the court to allow postrelease supervision. This bill would clarify this provision as imposing the one-year sentence enhancement because of a prior term that was suspended by the court to allow for mandatory supervision rather than postrelease supervision. (8) Existing law provides that during the period when a defendant is under mandatory supervision that the defendant is entitled only to actual time credit against the term of imprisonment imposed by the court. This bill would specify that any time period which is suspended because a person has absconded would not be credited toward the period of supervision. (9) Except as provided, existing law requires that prosecution for an offense punishable in state prison or in a county jail for more than one year be commenced within 3 years of the offense. This bill would make a conforming change by clarifying that prosecution for an offense not punishable by imprisonment in a county jail for a felony conviction shall be commenced within one year after the commission of the offense. (10) Existing law provides for the punishment of certain felonies by imprisonment in a county jail for a term exceeding one year. Notwithstanding these provisions, existing law requires that certain defendants with current or prior serious or violent felonies, or who are required to register as sex offenders, serve their sentences in state prison. This bill would also require a sentence to be served in state prison for a defendant who has a prior juvenile adjudication for a violent or serious felony, or certain other enumerated felonies, that was committed when the defendant was 16 years of age or older. This bill would make additional clarifying changes providing for the punishment of specified felonies in a county jail. (11) Existing law allows the supervisors of any county to authorize an electronic monitoring program for inmates being held in lieu of bail in a county jail, provided that the inmate has no holds or outstanding warrants and has either been held in custody for at least 30 calendar days from the date of arraignment pending disposition of only misdemeanor charges, or has been held in custody pending disposition of charges for at least 60 calendar days from the date of arraignment. This bill would additionally allow an inmate to qualify for participation in the electronic monitoring program if the inmate is appropriate for the program based on a determination by the correctional administrator that the inmate's participation would be consistent with the public safety interests of the community. (12) Existing law requires that any parolee who was paroled from state prison prior to October 1, 2011, upon completion of a revocation term on or after November 1, 2011, to either remain under parole supervision of the Department of Corrections and Rehabilitation or be placed on postrelease community supervision. This bill would require that any person on postrelease community supervision after serving a term for a parole revocation pursuant to these provisions serve a period of postrelease supervision that is no longer than the time period for which the person would have served if the person had remained on parole. (13) Except as provided, existing law provides that a parolee may be housed in a county jail for a maximum of 180 days upon revocation of parole. Existing law also provides for sanctions or revocation of postrelease community supervision, and provides that confinement following these actions shall not exceed a period of 180 days in county jail. This bill would clarify that the maximum 180 days in county jail for a parole revocation or postrelease community supervision sanction or revocation applies per parole revocation or for each custodial sanction. (14) Existing law provides for postrelease community supervision for all persons released from prison on and after October 1, 2011, who did not serve a prison term for a violent or serious felony, or a crime where the person was classified as a High Risk Sex Offender, among others. This bill would provide that the local supervising agency for purposes of postrelease community supervision, in coordination with the sheriff or local correction administrator, may require any person released onto postrelease community supervision to report to a supervising agent or designated local supervising agency within 2 days of release from the county jail. The bill would specify that this provision does not prohibit the local supervising agency from requiring the person to report to his or her assigned supervising agent within a time period that is less than 2 days from the time of release. The bill would provide that the sheriff or local correctional administrator may release an inmate sentenced prior to the effective date of the act adding these provisions one or 2 days before his or her scheduled release date if the inmate's release date falls on the day before a holiday or weekend. (15) Existing law provides, if authorized by a court as specified, that when the actual inmate count exceeds the actual bed capacity of a county or city jail, that the person responsible for the jail may accelerate the release of sentenced inmates up to a maximum of 5 days. This would allow for the acceleration of release up to a maximum of 30 days. (16) Various provisions of existing law provide for the testing of persons in the criminal justice system for HIV and provides procedures regarding exposure to bodily fluids. Existing law applies these provisions to persons on parole or probation. This bill would also make these provisions applicable to persons on mandatory supervision or postrelease community supervision. Because this bill would impose additional duties on local agencies in regard to testing for HIV for persons on mandatory supervision and postrelease community supervision, the bill would impose a state-mandated local program. (17) Existing law requires the Department of Justice to maintain state summary criminal history information and to make it available to a public defender or attorney of record when representing a person in a criminal case or a parole revocation or revocation extension hearing. This bill would require the Department of Justice to make the state summary criminal history information available to the public defender or attorney of record when representing someone in a postrelease community supervision or mandatory supervision revocation or revocation extension proceeding. (18) Existing law requires a local agency to furnish local summary criminal history information to a public defender or attorney of record when representing a person in a criminal case and when authorized access by statutory or decisional law. This bill would additionally require the local agency to furnish the local summary criminal history information to a public defender or attorney of record when representing a person in a parole, postrelease community supervision, or mandatory supervision revocation or revocation extension proceeding. By imposing new duties on local agencies, this bill would impose a state-mandated local program. (19) Existing law authorizes each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare to develop within its respective jurisdiction a Central Valley Rural Crime Prevention Program, to be administered by the county district attorney's office of each respective county under a joint powers agreement with the corresponding county sheriff's office, as provided. Existing law makes these provisions inoperative on July 1, 2012, and repeals these provisions January 1, 2013. Existing law authorizes the Counties of Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and San Benito to each develop within their respective jurisdictions a Central Coast Rural Crime Prevention Program, to be administered by the county district attorney's office of each respective county under a joint powers agreement with the corresponding county sheriff's office, as provided. Existing law makes these provisions inoperative on July 1, 2013, and repeals these provisions January 1, 2014. This bill would delete the provisions repealing the authorization for these programs, thereby making the programs operative indefinitely. (20) Existing law authorizes a county to impose a fee, not to exceed 12 of the actual administrative costs, upon a city, special district, school district, community college district, college, or university for reimbursement of county expenses incurred with respect to the processing of persons arrested by an employee of the city, special district, school district, community college district, college, or university when the arrestee is brought to the county jail for booking or detention. Existing law requires the county to adopt any increase in this fee prior to the beginning of its fiscal year and only after 45 days' written notice to the affected entities of a public meeting on the fee increase and the holding of the public meeting. This bill would no longer limit fee increases to the beginning of a fiscal year and would remove the notice and public meeting requirements for the county. (21) Under existing law, cities and counties that charge fees to a city, special district, school district, community college district, college, or university as specified above, are authorized to apply to the Controller to receive funding that is equal to the fee revenue received by the city or county during the 2006–07 fiscal year, to the extent funding is appropriated, or proportional to other entities if funding is insufficient. Existing law, commencing with the 2009–10 fiscal year, funds these payments from the Local Safety and Protection Account in the Transportation Tax Fund and, commencing with the 2011–12 fiscal year, funds the payments with a $35,000,000 appropriation from the Local Law Enforcement Services Account in the Local Revenue Fund 2011. This bill would, commencing with the 2012–13 fiscal year, allocate funds as specified from the Enhancing Law Enforcement Activities Subaccount. The bill would appropriate, for the 2012–13 fiscal year and beyond, moneys that previously came from the Local Law Enforcement Services Account from the Enhancing Law Enforcement Activities Subaccount. (22) Existing law requires each county to establish in the county treasury a Supplemental Law Enforcement Services Account (SLESA) for the receipt and allocation of funds for specified local law enforcement purposes, including jail construction and operation, criminal prosecution, and juvenile justice plans. Under existing law, funds that are unspent or which were allocated to an entity that did not qualify for receipt of the funds are required to be returned to the originating account. Existing law requires each county to establish a Supplemental Law Enforcement Oversight Committee (SLEOC) to determine whether the recipient entities have expended moneys received from the SLESA appropriately. Existing law requires city and county auditors and treasurers to submit specified information on the allocations from the SLESA and to the SLEOC and requires a summary of the reports to be submitted to the Controller and other entities by each SLEOC. This bill would make specified changes in the procedures by which counties and other local entities distribute the funds placed in the SLESA, including removing the requirement for each county to have a SLEOC and would remove the above reporting requirements for cities and counties expending SLESA moneys. The bill would also, for the 2012–13 fiscal year, appropriate 21.86% of the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for adult programs funded by the county SLESA funds and 21.86% to fund juvenile justice plans funded through the SLESA. The bill would remove the requirement for counties or other local entities eligible for these funds to return unspent funds or funds for which the entity did not qualify in the fiscal year. The bill would also make conforming changes. (23) Existing law appropriates 12.68% of the Local Safety Protection Account in the Transportation Fund to the California Emergency Management Agency (CalEMA) . Additionally, for the 2011–12 fiscal year, existing law requires the allocation of 9% of the Local Law Enforcement Services Account to the CalEMA for use as specified, including, but not limited to, the California Multi-Jurisdictional Methamphetamine Enforcement Teams, Multi-Agency Gang Enforcement Consortium, and the Sexual Assault Felony Enforcement Teams. This bill would, commencing with the 2012–13 fiscal year, allocate 8.35% of the Enhancing Law Enforcement Activities Subaccount for use by the specified programs described above. (24) Existing law establishes in the Board of State and Community Corrections, the Gang Violence Suppression Program to provide technical and financial assistance for district attorney's offices, local law enforcement agencies, county probation departments, school districts, county offices of education, or community-based organizations that are primarily engaged in the suppression of gang violence. Funds awarded pursuant to this program are not to supplant local funds that would ordinarily fund the activities. Existing law sets forth guidelines and criteria for funding gang suppression programs. This bill would remove the priority guidelines for funding gang suppression programs and would make the conditions for participation voluntary instead of mandatory. (25) Existing law establishes in the CalEMA a program of financial aid and technical assistance for law enforcement and district attorneys' offices, designated as the High Technology Theft Apprehension and Prosecution Program. Moneys appropriated to this program are required to be spent to fund programs that expand the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute high-technology-related crimes. Existing law provides that up to 10% of the funds appropriated to the program may be used for developing and maintaining a statewide database on high technology crime, as provided, and that the Secretary of California Emergency Management may allocate and award up to 5% of the funds to be made available to public agencies or private nonprofit organizations for the purposes of establishing statewide programs relating to deterring, investigating, and prosecuting high technology crimes. Existing law establishes the High Technology Crime Advisory Committee for the purpose of formulating a comprehensive written strategy for addressing high-technology crime in the state and advising the CalEMA on distribution of funds to regional task forces pursuant to the High Technology Theft Apprehension and Prosecution Program. This bill would dissolve the High Technology Crime Advisory Committee and remove the High Technology Theft Apprehension and Prosecution Program from the CalEMA. This bill would remove the 10% limitation on the use of the funds for the statewide database on high technology crime and the 5% limitation on the use of funds for the establishment of statewide programs relating to high technology crimes and would specify funds to be allocated to the Department of Justice and the California District Attorneys Association that may be used to fund these programs, as specified. (26) Existing law authorizes the establishment of the Central Valley Rural Crime Prevention Program and the Central Coast Rural Crime Prevention Program, until July 1, 2012, and July 1, 2013, respectively, administered by the county district attorney's office of each county under a joint powers agreement with the corresponding sheriff's office. Existing law requires the parties to the agreement to form a joint task force that includes specified parties, including the county district attorney, the county sheriff, and interested property owner groups or associations. Existing law prescribes requirements for the program implementation by the counties. This bill would extend the above programs indefinitely, would authorize the county sheriff's department to administer the program, and would make the specific provisions of the rural crime prevention programs voluntary instead of mandatory. (27) Existing law appropriates 30.19% of the Local Safety and Protection Account in the Transportation Fund to serve children who are habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of the probation department. Existing law, for the 2011–12 fiscal year, appropriates 33.38% of the Local Law Enforcement Services Account for this purpose. This bill would appropriate, commencing with the 2012–13 fiscal year, 30.99% of the Enhancing Law Enforcement Activities Subaccount to serve children who are habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of the probation department, as prescribed. (28) Existing law appropriates 6.47% of the Local Law Enforcement Services Account among counties that operate juvenile camps and ranches, based on the number of beds in each camp. This bill, commencing with the 2012–13 fiscal year, would appropriate 6.01% of the funds in the Enhancing Law Enforcement Activities Subaccount for this purpose. (29) Existing law makes it a crime to carry an explosive substance, other than fixed ammunition, concealed on the person, or to manufacture, import, provide, or possess any metal military practice handgrenade or metal replica handgrenade, air gauge knife, belt buckle knife, cane sword, lipstick case knife, shobi-zue, writing pen knife, ballistic knife, dirk, dagger, metal knuckles, nanchaku, leaded cane, shuriken, camouflaging firearm container, cane gun, firearm not immediately recognizable as a firearm, undetectable firearm, wallet gun, ammunition containing or consisting of any flechette dart, bullet containing or carrying an explosive agent, unconventional pistol, large-capacity magazine, multiburst trigger activator, short-barreled rifle, short-barreled shotgun, or zip gun. Under existing law these crimes are punishable either as misdemeanors punishable by imprisonment in a county jail not exceeding one year or as felonies punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. This bill would instead make these crimes punishable as misdemeanors by imprisonment in a county jail not exceeding one year, or as felonies punishable in a county jail for 16 months, or 2 or 3 years. By imposing additional incarceration costs on local agencies, this bill would impose a state-mandated local program. (30) Existing law requires that for certain specified offenders, including offenders convicted of a serious or violent felony, and persons classified as a High Risk Sex Offender, among others, the period of parole shall not exceed five years in the case of any inmate imprisoned for any offense other than first or second degree murder for which the inmate received a life sentence, and shall not exceed 3 years in the case of any other inmate, unless the Board of Parole Hearings for good cause waives parole and discharges the inmate from custody of the department. Existing law requires that at the expiration of a term of imprisonment of one year and one day, or at the expiration of a determinate sentence, the inmate shall be released on parole for a period not exceeding 3 years, except that any inmate sentenced for certain specified serious felonies shall be released on parole for a period not exceeding 10 years. Existing law provides that the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole rests with the Board of Parole Hearings. This bill would make these provisions applicable to any inmate described above who is sentenced for a crime committed prior to July 1, 2013. On and after July 1, 2013, the bill would provide that the period of parole shall be imposed as specified unless waived by the Department of Corrections and Rehabilitation. The bill would require, for a crime committed on or after July 1, 2013, that at the expiration of a term of imprisonment of one year and one day, or for a determinate sentence, the inmate would be released on parole for a period of 3 years, except that any inmate sentenced for specified serious felonies would be released on parole for a period of 10 years. The bill would require the department to consider the request of an inmate whose commitment offense occurred on or after July 1, 2013, regarding the length of his or her parole and the conditions thereof, except that for persons sentenced to life would be considered by the Board of Parole Hearings. The bill would provide that on or after July 1, 2013, the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole would rest with a court pursuant to provisions providing for the revocation of probation. The bill would require that a person released from prison prior to or on or after July 1, 2013, after serving a prison term, or whose sentence was deemed served after earning credits, for a serious or violent felony, or for a crime for which the person is classified as a High Risk Sex Offender, among other crimes, who is eligible for release on parole for a period of 3 years or 10 years pursuant to the above provisions, who is required to register as a sex offender pursuant to the Sex Offender Registration Act or who was imprisoned for committing a serious felony, who has been released from state prison, and who has been on parole continuously for one year since release from confinement, to be discharged from parole within 30 days, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained. The bill would require the department to submit recommendations to the Board of Parole Hearings for any person described in these provisions who has been released from state prison from October 1, 2010, to the effective date of this bill, and who has been on parole continuously for one year since his or her release from confinement. The bill would require that a person who meets this criteria who is not retained on parole by the Board of Parole Hearings by the 91st day after the effective date of this bill to be discharged from parole. (31) Existing law requires the parole authority to revoke the parole of any prisoner who refuses to sign a parole agreement setting forth the general and any special conditions applicable to the parole, among other things. Existing law prohibits the Department of Corrections and Rehabilitation from returning prison, placing a parole hold on, or reporting a parole violation regarding any person to whom specified criteria apply, including that the person did not refuse to sign the written notification of parole requirements and conditions. This bill would remove the requirement that the prisoner sign a parole agreement. The bill would instead require that the inmate be given notice that he or she is subject to terms and conditions of his or her release from prison. The bill would require the notice to include the person's release date and maximum period the person may be subject to supervision, and advisement that if the person violates any laws or conditions of his or her release that he or she may be incarcerated, as provided, and an advisement that he or she is subject to search or seizure by a probation or parole officer or other peace officer at any time day or night, with or without a search warrant or with or without cause. (32) Existing law provides that the Governor may request review of any decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison, and requires a randomly selected committee comprised of 9 commissioners specifically appointed to hear adult parole matters to review the parole decision. This bill would instead require the Governor's request to be reviewed by a majority of the commissioners. (33) 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. (34) This bill would appropriate $1,000 from the General Fund to the Department of Corrections and Rehabilitation for the purpose of administration. (35) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law, pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. Various federal laws provide funding for allocation nationally to high-speed rail and other related projects. This bill would require the authority to appoint an agricultural advisory committee with 9 members from a list of nominees recommended by the Secretary of Food and Agriculture. The bill would require the authority to consult with the committee and to reflect the committee's comments on authority policies and related matters in any action item brought before the board of the authority. This bill would declare that it is to take effect immediately as an urgency statute.
Read. Amended. Adopted. (Page 5546.).
Existing law requires the Labor Commissioner to establish and maintain a program that systematically identifies unlawfully uninsured employers. Existing law requires all state departments and agencies and any rating organization, as specified, to cooperate with the Labor Commissioner and on reasonable request provide information and data in their possession reasonably necessary to carry out the program. This bill would require the Director of Industrial Relations, in consultation with the state department or agency, or rating organization, in possession of the information or data, to determine the reasonableness of any request to provide the information and data.
