Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons and requires regulations, which are adopted by the Department of Corrections and Rehabilitation, to recognize and consider the value of incarcerated person visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing incarcerated persons for successful release and rehabilitation. Existing regulations create the framework for establishing a visitation process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations. This bill, the Humanizing and Uniting Generations Safely Act of 2026, would additionally require those regulations pertaining to incarcerated person visits to recognize and consider the importance of physical contact in incarcerated person visitation. The bill would prohibit the department from unreasonably restricting the ability of incarcerated persons or their visitors to engage in certain types of nonsexual physical contact throughout the visit, as provided. The bill would prohibit the department from taking disciplinary action based on alleged inappropriate physical contact, without first providing a warning and a reasonable opportunity to immediately correct the conduct.
Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense. This bill would authorize a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or who was convicted of an eligible offense, as defined, to petition the court to have their records of that conviction, charge, or arrest sealed if 4 years have elapsed since the date, including, among others, on which the person was arrested, as specified, or on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, or a sex offense. The bill would authorize a criminal justice agency to access and use a conviction record sealed pursuant to these provisions as required by an initiative statute and for the limited purpose of determining eligibility and suitability of a defendant for diversion. 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 any manufacturer, wholesaler, retailer, or other person in this state who sells, transfers, or otherwise furnishes any of a list of specified chemical substances, including gamma-butyrolactone (GBL) , to take specified actions, including to apply to and obtain a permit from the Department of Justice in order to sell, transfer, or otherwise furnish the substances specified above and to submit specified reports to the department, including if the entity obtains any of the substances specified above from a source outside of this state or if a permittee described above discovers the theft or loss of any of the substances specified above. Existing law makes failure to submit a report described above, and selling, transferring, or otherwise furnishing or obtaining any of the specified substances without a permit, a misdemeanor or a felony. This bill would exempt specified chemical mixtures that contain GBL that are obtained or received from a source within or outside this state or are obtained, received, sold, transferred, exported, or otherwise furnished to any person or entity in this state or any other state from the requirements described above. Existing law requires any manufacturer, wholesaler, retailer, or other person that sells to any person or entity in this state or any other state, any chemical reagent or solvent of a value greater than $100 to take specified actions, including to prepare and sign a bill of sale with specified information and to retain the bill of sale for a specified period of time. Existing law makes a violation of this requirement a misdemeanor. This bill would exempt specified chemical mixtures that contain GBL that are obtained or received from a source within or outside this state or are obtained, received, sold, transferred, exported, or otherwise furnished to any person or entity in this state or any other state from the requirements described above if the requirements would be imposed solely due to the presence of GBL in the mixtures. This bill would make related findings and declarations.
Existing law requires the Department of Justice to keep a centralized list of all persons who are licensed firearms dealers and satisfy certain requirements, including having a valid federal firearms license and a regulatory or business license required by local government. Existing law requires the department to remove a person from the list if the person's federal license has expired or been revoked. Existing law, beginning on January 1, 2024, requires the department to conduct inspections of firearms dealers at least every 3 years, except as provided, to ensure compliance with specified requirements. As part of the department's inspections of firearms dealers, existing law requires the department to audit a dealer's records that includes a sampling of at least 25% but no more than 50% of each record type. Existing law requires the department to assess annual fees not to exceed specified amounts to cover the reasonable costs of inspecting and maintaining this list and other similar centralized lists. This bill would require the department to remove from the list a person who fails to comply with the requirements to be on the list and authorize the department to remove a person from the list who fails to remedy specified violations discovered as a result of the above-described inspections. The bill would subject a person removed from the list for failure to remedy specified violations to a fine and would authorize that person to be ineligible to be placed on the list for a period of 2 years. The bill would require the department to conduct a yearly inspection of the 10 firearm dealer locations with the highest percentage of firearms that were recovered by law enforcement and found to be illegally possessed, used in a crime, or suspected to have been used in a crime, as specified, pursuant to a certain yearly report. The bill would, for the fees charged for inspecting and maintaining the above-described lists, instead require the department to assess a reasonable annual fee. The bill would prohibit a fee adjustment from exceeding 15% over the previous year and exceeding the amount necessary to cover the costs described above.
Existing law establishes the Law Enforcement Assisted Diversion (LEAD) pilot program, which is administered by the Board of State and Community Corrections, to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. Existing law requires the board to award grants, on a competitive basis, to up to 3 jurisdictions to establish LEAD programs and requires the board to establish minimum standards, funding schedules, and procedures for awarding grants. This bill would rename the program as the Alternatives to Arrest (ATA) pilot program. The bill would require the board to additionally award a grant or grants to the agency administering qualifying programs in the City of Los Angeles and the County of Los Angeles, as well as in other jurisdictions to be identified by the board. Existing law allows a person to be referred to services through a program by a law enforcement officer as an alternative to arrest and through a social contact referral by a law enforcement officer if they believe the person is at high risk of arrest in the future for specified crimes relating to controlled substances and prostitution. Existing law requires those social contact referrals to meet specified criteria, including, among other things, verification that the individual has had prior involvement with low-level drug or prostitution activity and that the individual does not have a pending case in drug court or mental health court. This bill would remove these requirements for social contact referrals and instead authorize them if, absent probable cause to arrest, the officer believes the person would benefit from case management services and is at high risk of arrest in the future and the person expresses interest in voluntarily participating in the program. The bill would expand the offenses eligible for referral as an alternative to arrest to include, among other things, specified disorderly conduct crimes, shoplifting, or other violations identified by the local jurisdiction with agreement of the police chief or sheriff, the city attorney or district attorney, and the implementing public health or behavioral health agency administering case management services. Existing law requires the Board of State and Community Corrections to contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the program, as specified. Existing law also authorizes the board to contract with experts for the purpose of providing technical assistance to participating jurisdictions. Existing law appropriated $15,000,000 from the General Fund for the program and authorized the board to spend up to $550,000 for the purposes of the evaluation contract and technical assistance. This bill would repeal those provisions and would require, upon appropriation by the Legislature for these programs, that the funds be granted to the entity responsible for LEAD or ATA in the City of Los Angeles and the County of Los Angeles and agencies in other jurisdictions to be identified by the board. The bill would authorize the board to spend a portion of those funds on contracts with experts on the implementation of ATA or similar programs in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions, as specified. The bill would require local jurisdictions to commit to using these funds and local resources to support ATA or LEAD planning, implementation, and services and not supplant local resources that had been previously dedicated to ATA or LEAD programs and services. The bill would require the board to report to the Legislature on the effectiveness of the program on or before September 1, 2031.
Existing law requires law enforcement and state and local governments to interact with and report on federal action against individuals based on their perceived or actual immigration status in various specified manners. Under existing law, for example, a local governing body of any county, city, or city and county in which a local law enforcement agency has provided access to an individual during the last year by the federal Immigration and Customs Enforcement (ICE) is required to hold at least one community forum, as specified, to provide public information about ICE's access to individuals and to receive and consider public comment. This bill would establish within the Department of Justice on July 1, 2027, the Working Group on Civil Rights Accountability, consisting of 12 appointed members, to develop and maintain a statewide reporting dashboard with specific data fields to document and categorize alleged constitutional or civil rights violations arising from federal immigration enforcement activities within the state. The bill would require a nonprofit organization, if eligible as specified, to be authorized to submit reports to the dashboard. The bill would require the department to establish specific standards, protocols, and procedures for a nonprofit organization to submit reports to the dashboard, including establishing data verification procedures. The bill would require the working group, beginning January 1, 2028, and on each January 1 thereafter, to submit a report of specific information and policy recommendations to the Legislature and make that annual report publicly available. This bill would also exempt the reports required pursuant to the above-described provisions from the disclosure requirements of the California Public Records Act. The bill would make legislative findings and declarations in support of its provisions. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law, until January 1, 2031, authorizes a city or county prosecuting attorney or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses. Existing law requires the prosecuting attorney in a participating county to either refer the case to the county probation department to conduct a prefiling investigation report and determine the appropriateness of program placement or, if the prosecuting attorney's office operates the program, determine if the case is appropriate for referral. Existing law requires the county probation department or prosecuting attorney's office to consider certain factors for referral, including, among others, whether the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program. This bill would require the prosecutor or county probation department, for certain theft offenses, including shoplifting and vandalism, to determine whether, based on certain criteria, specified defendants are eligible for a theft diversion program. The bill would require the prosecuting attorney to review their file for certain factors, including whether the offense charged involved a crime of violence or threatened violence and, if the defendant is eligible, would require the attorney to file a declaration or state for the record the grounds for the determination of the defendant's eligibility. The bill would require the court to dismiss the action against the defendant at the end of the period of diversion if the defendant has complied with the imposed terms and conditions of diversion. By increasing the duties on local officials, 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 that governs the labor relations of public employees and employers, including, among others, the Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, and provisions relating to higher education prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of existing law further prohibit denying to employee organizations the rights guaranteed to them by existing law. This bill would prohibit a public employer from questioning a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization's representation. The bill would also prohibit a public employer from compelling a public employee, a representative of a recognized employee organization, or an exclusive representative to disclose those confidential communications to a third party. The bill would not apply to a criminal investigation or when a public safety officer is under investigation and certain circumstances exist.
Under existing law, a person who willfully inflicts corporal injury resulting in a traumatic condition upon specified persons, including, among others, the offender's spouse or former spouse, is guilty of a crime, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than 1 year, or by a fine of up to $6,000. Existing law also provides conditions for probation for a violation of these provisions if the person has a previous conviction of certain assault and battery offenses, as specified. This bill would make this crime punishable by imprisonment in state prison for 2, 4, or 5 years, or by imprisonment and a fine of up to $10,000 if a person is convicted for violating these provisions within 7 years of a previous felony conviction under these provisions. The bill would also, if a person has one prior felony conviction under these provisions, require that the defendant be imprisoned in a county jail for not less than 60 days as a condition of probation. By increasing the penalty for existing crimes, the 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 no reimbursement is required by this act for a specified reason.
Existing law prohibits the state from seeking or obtaining a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. Existing law allows a defendant to establish a violation of these provisions under specified circumstances, including when a longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense and other specified conditions are met. This bill would instead compare the defendant to similarly situated individuals who have engaged in similar conduct, as specified. The bill would make these provisions apply to disparities in plea negotiating and diversion, among other things. Existing law authorizes a defendant in these cases to file a motion requesting disclosure to the defense of all evidence relevant to a potential violation of these provisions, as specified. This bill would additionally authorize a defendant to request any data that has been previously disclosed pursuant to those provisions in another criminal case, and require the court to grant that request, unless the data has no relevance to the current charges. The bill would also revise and recast definitions for these provisions.
