Existing law requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel. This bill, Wyland's Law, would, subject to an appropriation by the Legislature, authorize the department to establish, or contract with a vendor to establish, an automated protected person information and notification system to provide a petitioner or a protected person in a protective order case with automated access to information about their case, as specified. The bill would require a record demonstrating whether the superior court has fulfilled its transmission obligations or a record demonstrating receipt of information about a protective order that the department maintains to be open to public inspection and copying.
Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner. Existing law defines a "forensic autopsy" as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county. This bill would enact the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025. The bill would, commencing January 1, 2027, in any county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from determining the circumstances, manner, and cause of death, as provided, for an in-custody death, as defined. The bill, instead, would require the sheriff-coroner to contract with one or more counties that have a coroner's office that operates independently from the office of the sheriff, or that have established an office of medical examiner, as specified, or with one or more private third-party medical examination providers that are separate and independent from the office of the sheriff-coroner and that meet certain physician qualification requirements, as specified, to determine the circumstances, manner, and cause of death. The bill would require the county board of supervisors to annually enter into a service agreement or service agreements with those medical examiners, independent coroner offices, or private third-party medical examination providers, or with any combination thereof. The bill would prohibit a private third-party medical examination provider that has entered into a service agreement from, during the term of the service agreement, being contracted by the county or the sheriff-coroner of that county to provide medical examination for any cases that do not involve in-custody deaths. The bill would define "in-custody death" for purposes of the bill to include, among other things, the death of a person who is detained, under arrest, or is in the process of being detained or arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail or state prison, or who is en route to be detained, or is detained, at a federal correctional facility or immigration detention facility, as provided. This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county. By imposing new duties on certain counties, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties. 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, the California Public Records Act, authorizes the inspection and copying of any public record except where specifically prohibited by law. Existing law, with specified exemptions, makes confidential the personnel records of peace officers and custodial officers and certain other records maintained by their employing agencies. Existing law provides that this exemption from disclosure does not apply to investigations of these officers or their employing agencies or to related proceedings conducted by a grand jury, a district attorney's office, or the Attorney General's office. This bill would additionally grant access to the confidential personnel records of peace officers and custodial officers and records maintained by their employing agencies, as specified, to civilian law enforcement oversight boards or commissions during investigations or related proceedings concerning the conduct of those officers. The bill would require those oversight boards to maintain the confidentiality of those records, and would authorize them to conduct closed sessions, as specified, to review confidential records. The bill would additionally authorize a county inspector general to access those personnel records, as specified. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by AB 1178 and AB 1388 to be operative only if this bill and AB 1178 or AB 1388 are enacted and this bill is enacted last.
Existing law, the Uniform Civil Fees and Standard Fee Schedule Act of 2005, establishes a set fee schedule for courts to implement for, among other things, filings, service, and changes of venue. Existing law authorizes the court to charge a reasonable fee that does not exceed the costs of providing the service or product, if the Judicial Council approves the fee, as specified. The bill would instead prohibit the court from charging a fee that exceeds the cost to the court of providing the service or product. The bill would require any fee not explicitly authorized by statute or rule to be approved by the Judicial Council. The bill would also require the Judicial Council, by December 1, 2027, to report to the Legislature, as specified, regarding each fee charged by a superior court in the 2026–27 fiscal year for which the revenue collected by and distributed to the court as a result of the fee exceeds the court's cost of providing the service or product. The bill would also require the Judicial Council, by December 1, 2028, and December 1, 2029, to report certain data to the Legislature, as specified, regarding the 2027–28 and 2028–29 fiscal years, respectively. Existing law authorizes trial court records to be created, maintained, and preserved in any form of communication or representation, including paper, optical, electronic, magnetic, micrographic, or photographic media or other technology. Existing law requires those court records be made reasonably accessible to the public for viewing and duplication, with a reasonable provision controlling for the costs of duplication, as specified. This bill would require court records maintained in electronic form to be viewable at the court and be available for duplication at a cost, as specified. The bill would allow a member of the public to request to view or duplicate accessible records, on the premises of the court and with the requester's equipment in a manner that does not make physical contact with the record, without being charged any fees or costs to reproduce the record, unless reproduction would result in, among other things, damage to the record or unauthorized access to the court's computer systems or networks, as specified. The bill would authorize the court to impose reasonable limits on the use of the requester's equipment that are necessary to protect the safety of the records or prevent the copying of the records from being an unreasonable burden, as specified.
(1) Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits a filing fee for, and a fee for the service of process by a sheriff or marshal of, a protective or restraining order if the order is based upon stalking, unlawful violence, or a credible threat of violence. This bill, commencing January 1, 2027, would authorize a petition prohibiting harassment and any related filings to be submitted electronically, as specified. The bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. The bill, commencing January 1, 2027, would authorize a party or witness to appear remotely at the hearing on the petition for a protective order, and prohibit the superior court from charging a fee for the remote appearance. As of January 1, 2027, the bill would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders. The bill would make a conforming change. (2) Existing law requires a court or court facility that receives petitions for domestic violence restraining orders to permit the petitions and related filings to be submitted electronically, as specified, and prohibits a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a domestic violence restraining order, as specified. Existing law requires the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility. Existing law authorizes a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. Existing law requires the superior court of each county to develop local rules and instructions for remote appearances and requires them to be posted on the court's internet website. This bill, commencing January 1, 2027, would require a court or court facility that receives petitions for domestic violence restraining orders to accept electronic filings at no charge to the petitioner, and would prohibit a superior court from charging a fee for a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. (3) Existing law authorizes an elder or dependent adult who has suffered abuse to seek a protective order and prohibits a filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order. This bill, commencing January 1, 2027, would require a court or court facility that receives petitions for protective orders for elder or dependent adults to permit those petitions and any related filings to be submitted electronically, as specified, at no charge to the petitioner. As of that date, the bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. The bill, commencing January 1, 2027, would authorize a party, representative of the county adult protective services agency, or witness to appear remotely at the hearing on a petition for a protective order for an elder or dependent adult, and prohibit the superior court from charging a fee for the remote appearance. The bill, commencing January 1, 2027, would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders for elder or dependent adults. As of that date, the bill also would require information regarding electronic filing and access to the court's self-help center to be prominently displayed on each superior court's home page, and require each self-help center to maintain and make available information related to elder abuse restraining orders. Existing law, upon the filing of a petition for protective orders for an elder or dependent adult, requires the respondent to be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any declarations in support of the petition, at least five days before the hearing. This bill, as of January 1, 2027, would authorize a court to permit an alternative method of service, as specified, if at the time of a hearing with respect to an order issued based on an ex parte temporary protective order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service or cannot be located.
Existing law required the Chancellor of the California Community Colleges, on or before June 1, 2023, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature outlining a plan to implement the program. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission, within 2 years of the submission of the report, to approve and adopt the education criteria for peace officers, based on the recommendations in the report. This bill would repeal the requirement for the commission to approve and adopt the criteria described above. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances. This bill would expand these provisions to allow legal professionals and attorney support personnel, as defined, to apply for these clearances. The bill would revise the names of these clearances to annual gate clearances and short-term gate clearances. The bill would also require the department to, upon request, give a short-term gate clearance for any institution without the requirement to apply for a long-term gate clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.
Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action. This bill would delete that authority and instead specify that the county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings, and the county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services, as specified, may access juvenile case files. The bill would also authorize an attorney representing a party in a civil proceeding, as defined, filed by, or on behalf of, the person who is the subject of the juvenile case file in which the defendant is either the child welfare agency, probation department, or an employee of those entities to inspect and receive copies of a juvenile case file for use in the civil proceeding, as specified. The bill would additionally authorize an attorney representing a person who is or was the subject of juvenile proceedings under specified provisions to access juvenile case files. By imposing additional duties on local entities to provide access to these records, 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 requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature outlining a plan to implement the program. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission to approve and adopt the education criteria for peace officers, based on the recommendations in the report. This bill would repeal the requirement for the commission to approve and adopt the criteria described above. Existing law requires a peace officer to meet specified requirements, including, to be a high school graduate or meet equivalency standards, as specified, or to attain a 2-year, 4-year, or advanced degree from an accredited college or university. This bill would authorize specified credential evaluation services to evaluate the equivalency of a foreign college or university degree for purposes of attaining a degree as described above. The bill would require, commencing January 1, 2031, a peace officer, as specified, to attain one or more specified degrees or certificates no later than 36 months after receiving their basic certificate by the commission, as specified, unless the person is employed by the Department of Corrections and Rehabilitation or as a deputy sheriff of specified counties and is employed to perform duties relating to custodial facilities, as specified, has at least 8 years of experience as a sworn peace officer of another state or at least 8 years of military service in the Armed Forces of the United States, as specified, is employed as a peace officer by the State Department of State Hospitals, or is, as of December 31, 2030, currently enrolled in a basic academy or is employed as a peace officer by a public entity in California. The bill would require a peace officer with experience as a sworn peace officer from another state or with experience serving in the Armed Forces of the United States who served for less than 8 years, as specified, to attain one or more of the specified degrees or certificates no later than 48 months after receiving their basic certificate by the commission. The bill would authorize coursework completed as part of military or law enforcement training to count toward a degree or certificate, as specified.
(1) Existing law requires the Department of Corrections and Rehabilitation to establish and implement a community treatment program, under which a woman sentenced to state prison who has one or more children under 6 years of age is eligible for release with the woman's children to a public or private facility in the community suitable to their needs. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into contracts with public or private agencies to provide housing, sustenance, supervision, and services, subject to the approval of the Director of General Services. This bill would remove the requirement that the contracts be approved by the Director of General Services. The bill would authorize the department to enter into long-term contracts, not to exceed 10 years, for the transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to these provisions. The bill would require that the secretary advertise potential contracts under these provisions and would require that priority be given to certain community treatment programs, as specified. (2) Under existing law, the primary responsibilities of the State Public Defender are to represent those persons who are entitled to representation at public expense in specified proceedings, to provide assistance and training to specified attorneys, and to engage in related efforts for the purpose of improving the quality of indigent defense. This bill would exempt contracts entered into or amended by the State Public Defender to implement those duties from specified contract register requirements, specified small business procurement, disabled veteran business, and public contracting provisions, and from the review or approval of any division of the Department of General Services. (3) Existing law creates within the Department of Corrections and Rehabilitation the Prison Industry Authority and Prison Industry Board. Existing law continues in existence within the department the Prison Industry Authority and the Prison Industry Authority Board, among other entities. This bill would revise these provisions to rename the Prison Industry Authority as the California Correctional Training and Rehabilitation Authority, and to rename the Prison Industry Board as the California Correctional Training and Rehabilitation Board. The bill would make these provisions operative only if SB 857 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2026. (4) Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. Existing law makes records relating to an investigation conducted by a local detention facility into a death incident, as defined, available to public inspection, as specified. Existing law establishes the Board of State and Community Corrections, with the mission of, among other things, promoting legal and safe conditions for youth, inmates, and staff in local detention facilities. Existing law creates the position of Director of In-Custody Death Review within the board. This bill would authorize the director to have access to, and authority to, examine and reproduce records of any local detention facility, as specified. By increasing duties on local governments, this bill would impose a state-mandated local program. (5) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and provides annual payments to the counties for purposes relating to improving local probation supervision practices and capacities. Existing law continuously appropriates the State Community Corrections Performance Incentives Fund for these incentive payments. Existing law, as part of those annual payments, requires the Director of Finance, in consultation with certain entities, to annually calculate a statewide performance incentive payment and a county performance incentive payment for each eligible county. Existing law requires the director to calculate those payments based on, among other things, the cost to the state to incarcerate in a contract facility and supervise on parole an offender who fails local supervision and is sent to prison. This bill would instead make that calculation based on the per capita cost to the state to incarcerate in a state prison and supervise on parole an offender who fails local supervision and is sent to prison, calculated pursuant to specified formulas. Existing law also requires that calculation to be based on an estimate of the number of felons on probation, mandatory supervision, and postrelease community supervision each county successfully prevented from being incarcerated in state prison, determined based on the reduction in the county's probation and mandatory supervision failure rate as calculated annually for that year and the county's failure rate from the previous year. This bill would instead calculate that estimate based on the actual number of individuals under one of those forms of supervision admitted to state prison from each county in the previous calendar year subtracted from each county's baseline admission to prison rate for those forms of supervision, as specified, multiplied by the average daily population of those forms of supervision for each county in the previous calendar year. Existing law additionally requires the Director of Finance to calculate a statewide performance incentive payment for each county using a formula based on the county's return to prison rate and the county's highest year of funding that the county received from the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive, as specified. This bill would repeal those provisions. The bill would additionally, beginning with the 2025–26 fiscal year, appropriate $103,668,010 to the State Community Corrections Performance Incentives Fund from the General Fund, to be distributed to counties, as specified. The bill would decrease a county's appropriation pursuant to these provisions by a factor of 10% for each percentage point the county return to prison rate exceeds its baseline return to prison rate, as specified. Existing law additionally requires the Director of Finance to calculate a statewide performance incentive payment based on the number of felons on probation, mandatory supervision, or postrelease community supervision that were successfully prevented from being incarcerated in the state prison, multiplied by 35% of the state's costs to incarcerate a prison felony offender in a contract facility, as specified. This bill would instead multiply that number by 25% of the average of the state's per capita cost to incarcerate a prison felony offender in a state prison and supervise an individual on parole. By changing the distribution of continuously appropriated funds and making a new appropriation, this bill would make an appropriation. (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, 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. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
