Existing law requires a person arrested to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified. Existing law allows an attorney to visit a prisoner after their arrest, as specified. Under existing law, an officer in charge of the prisoner who willfully refuses or neglects to allow an attorney to visit that prisoner is liable for criminal and civil penalties, as provided. This bill would clarify that the above provisions regarding criminal and civil penalties for officers apply if a prisoner is in a jail, prison, or medical setting. The bill would make other technical changes, as provided.
Existing law authorizes a county to use a children's advocacy center to implement a coordinated multidisciplinary response to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment. Existing law requires a county that utilizes a child advocacy center to meet specified standards, including, among other things, that the children's advocacy center must verify that interviews conducted in the course of investigations are conducted in a forensically sound manner and occur in a child-focused setting designed to provide a safe, comfortable, and dedicated place for children and families. Existing law requires the children's advocacy center or other identified multidisciplinary team member custodian to ensure that all recordings of child forensic interviews be released only in response to a court order, or, upon request, to law enforcement agencies authorized to investigate child abuse or agencies authorized to prosecute juvenile or criminal conduct described in the forensic interview, or to county counsel evaluating an allegation of child abuse. Existing law requires files, reports, records, communications, and working papers used or developed in providing services through a children's advocacy center to be confidential and not public records. Existing law authorizes the members of a multidisciplinary team associated with a children's advocacy center to share with other multidisciplinary team members any information or records concerning the child and family and the person who is the subject of the investigation of suspected child abuse or neglect for the sole purpose of facilitating a forensic interview, case discussion, or providing services to the child or family, as specified. This bill would additionally authorize the members of a multidisciplinary team associated with a children's advocacy center to share with child welfare agencies authorized to investigate child abuse and neglect any information or records, as specified, for the purposes mentioned above.
Existing law requires that the terms of probation granted to a person who has been convicted of domestic violence include, among other things, successful completion of a batterer's program or, if a batterer's program is not available, another appropriate counseling program, as specified. Existing law requires the probation department to design and implement an approval and renewal process for batterer's programs and prescribes the requirements of a batterer's program. Existing law, until July 1, 2026, authorizes the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to offer an alternative program for individuals convicted of domestic violence if the program meets specified conditions. This bill would additionally authorize the County of Sacramento to offer an alternative program for individuals convicted of domestic violence. The bill would extend the repeal date of these provisions to July 1, 2030. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program. This bill would require that the diagnosis or rediagnosis with a mental disorder be within 5 years before the alleged offense. Existing law makes a defendant suitable for this diversion program if, among other criteria, a qualified mental health expert opines that the defendant's symptoms of the mental disorder that caused, contributed to, or motivated the criminal behavior, would respond to mental health treatment and the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified. The bill would revise that standard and instead require the court to find that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The bill would require the mental health expert's opinion to include that the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant's mental disorder, as specified. The bill would require the court to state the reasons for denial on the record.
Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. Existing law, on and after July 1, 2021, authorizes a person to file a petition in the superior court in the county in which they are registered for termination from the sex offender registry on or after their next birthday following the expiration of the mandated minimum registration period. If the district attorney requests a hearing regarding the above-described petition, under existing law, the district attorney is entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. Existing law requires the court, in determining whether to order continued registration pursuant to the hearing, to consider specified information, including the person's current risk of reoffense as indicated on the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) , as specified. This bill would authorize the court to order the petitioner to be present at the hearing described above, as specified. The bill would require the hearing to be heard in the county in which the person is registered. The bill would additionally require the court to consider whether the offender was in a position of trust or authority in relation to the victim and proof of participation in or successful completion of sex offender-specific treatment by the offender in the above-described determination. The bill would require the court to verify, as specified, participation in or completion of treatment. The bill would make other clarifying changes.
Existing law establishes various privacy protections relating to the collection, use, sale, or distribution of personal information, images, or video recordings, including restrictions relating to the retention, access, use, sale, or sharing of images or video recordings collected through the operation of an in-vehicle camera. This bill would prohibit a security surveillance company, as defined, from distributing, selling, or otherwise authorizing a third party to access, use, or distribute content obtained from a consumer's security surveillance system without first obtaining the express consent of the consumer and the adult residents of a residential rental property or upon receipt of an order of a court or arbitrator.
Under existing law, an individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution is guilty of disorderly conduct, a misdemeanor. This bill would require a person who commits prostitution with intent to receive compensation, money, or anything of value from another person to, for a first or 2nd violation of those provisions, be offered a diversion program pursuant to specified provisions. By imposing new duties on local officials, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Department of Corrections and Rehabilitation to notify the sheriff or chief of police, or both, and the district attorney where certain parolees were convicted and are scheduled to be released of specified information related to the parolee prior to their release. Existing law requires the department to, upon request, provide to the officials described above specified information available to the department, including photographs and fingerprints, concerning persons on parole who may be residing in that city or county, as specified. This bill would additionally require the department to notify the county chief probation officer of, or to provide upon request to the officer, as appropriate, the information described above. Existing law subjects a person to no more than 3 years of postrelease community supervision after release from prison or after the person's term of imprisonment has been deemed to have been served, except as specified. Existing law requires the Department of Corrections and Rehabilitation to, among other things, inform each prisoner subject to postrelease community supervision of their responsibility to report to the county probation department. Existing law requires the department, 30 days before release, to notify the county of all information that would otherwise be required for parolees, as specified. This bill would require the department to provide the county probation department written and verbal notification of the scheduled release date of the person and the information described above no less than 90 days before the person's release, and if the discharge date is set or reset for 90 or fewer days into the future, would require the department to provide notification within 5 business days, but no later than 30 days before the discharge date of the person. The bill would require the department to notify the county probation department of the county in which a person is being released of the name and contact information of the prerelease care manager, postrelease care manager, and enhanced care manager for the person being released to ensure California Advancing and Innovating Medi-Cal (CalAIM) processes are integrated with local reentry service delivery and court-ordered conditions. The bill would require, if a county probation department identifies, prior to the release of a person, that the person's current county of residence may be different than the county of the person's last legal residence, the department to coordinate with the probation department to determine the person's current county of residence and to develop coordinated plans for the release and transport of the released person to the person's current county of residence. By increasing duties on county probation departments, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and maintain classes for incarcerated persons utilizing institutional personnel or entering into an agreement with the governing board of a school district or private school. Existing law requires the department to develop and implement a plan to obtain additional rehabilitation and treatment services for incarcerated persons and parolees. Existing law requires that plan to include, among other things, filling vacant state staff positions that provide direct and indirect rehabilitation services, or obtaining services from local governments and contractors to assist with treatment for parolees and incarcerated persons. This bill would require the department to establish a 3-year pilot program at 2 institutions that would provide access to specified mental health therapy for certain incarcerated persons not classified by the department to receive mental health treatment from the institution. The bill would require communications during therapy sessions, as specified, between the incarcerated person and assigned therapist to be confidential. The bill would require the California Correctional Health Care Services to be the custodian of records for treatment records generated under this pilot program. The bill would require the department to report certain information to the fiscal and appropriate policy committees of the Legislature, from March 1, 2028, to March 1, 2031. The bill would make related findings and declarations.
Existing law defines a "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) , in consultation with specified subject-matter experts, to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law also requires POST to consult with the subject-matter experts if the guidelines or course of instruction are updated. Beginning January 1, 2027, this bill would require POST to conduct a comprehensive review of existing hate crimes training programs, as specified. The bill would require the review to be completed by January 1, 2028. The bill would require POST to, by July 1, 2028, adopt evidence-based training requirements to address the gaps identified in the review regarding the prevention, identification, and investigation of hate crimes.
