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 provides for various employment programs to assist formerly incarcerated individuals in finding and retaining employment, including the Pre-Release Construction Trades Certificate Program administered by the Department of Corrections and Rehabilitation and the Prison to Employment Program administered by the California Workforce Development Board. Existing law establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. This bill would, by January 1, 2028, require the Department of Corrections and Rehabilitation, in partnership with the Department of Industrial Relations, to establish the Preapprenticeship Pathways to Employment Pilot Program. The bill would, until January 1, 2032, provide incarcerated individuals access to preapprenticeship training in the skilled construction and building trades. The bill would require the program to provide, among other things, instruction based on the Multi-Craft Core Curriculum and content coordinated with joint apprenticeship training committees. The bill would require the Department of Corrections and Rehabilitation to implement the program at one men's facility and one women's facility. The bill would require the Department of Corrections and Rehabilitation, beginning January 1, 2029, to annually report certain data regarding participation in the program to the Legislature.
Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. This bill would include bipolar I disorder in the criteria for a person to receive services under the CARE Act. By increasing the duties on the county behavioral health agencies, 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.
(1) Existing law, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of persons with specified mental disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled, the person may, upon probable cause, be taken into custody by specified individuals, including, among others, a peace officer and a designated member of a mobile crisis team, and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law defines "assessment" for those purposes to mean the determination of whether a person shall be evaluated and treated. This bill would require an assessment to consider reasonably available, relevant information as specified. The bill would also authorize an assessment to be used to assist specified individuals in developing an aftercare plan for an individual, if that individual has agreed to an aftercare plan and can be properly served without being detained. (2) Existing law provides a procedure for the appointment of a conservator for a person who is determined to be gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism (hereafter LPS conservatorship) . Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment may recommend a LPS conservatorship for a gravely disabled person in their care if the professional person determines that the person is unwilling to accept, or is incapable of accepting, treatment voluntarily. Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment or a professional person in charge of providing mental health treatment at a county jail, or their designee, may recommend a conservatorship for a gravely disabled person without that person being an inpatient in a facility providing comprehensive evaluation or intensive treatment if specified conditions are met. This bill would additionally authorize recommendations for an LPS conservatorship if a determination is made that the gravely disabled person has demonstrated an inability to accept voluntary treatment due to apparent incapacity. The bill would expand the list of individuals or entities that may recommend a conservatorship for a gravely disabled person without that person being an inpatient in a facility providing comprehensive evaluation or intensive treatment to include, among others, the county agency providing investigations for conservatorships of the person. (3) Existing law separately provides for the establishment of a conservatorship for a person who is unable to properly provide for their personal needs or is substantially unable to manage their finances (hereafter probate conservatorship) . Existing law requires the officer providing conservatorship investigation, if they concur with the recommendation of the professional person or facility, to petition the superior court in the patient's county of residence to establish a conservatorship. Existing law requires the officer providing conservator investigation to investigate all available alternatives to conservatorship, including, among other things, assisted outpatient treatment, as specified, and the Community Assistance, Recovery, and Empowerment Act program. Existing law requires the officer to recommended conservatorship to the court only if no suitable alternatives are available. Existing law requires the officer to render to the court a comprehensive written report of investigation prior to the hearing and to set forth all alternatives available if the officer recommends either for or against conservatorship. This bill would specify probate conservatorships with or without major neurocognitive disorder powers in the list of available alternatives that the officer providing conservatorship investigation is required to investigate. In a county where probate conservatorship and LPS conservatorship duties are split between separate agencies, the bill would require LPS conservatorship referrals that include the presence of a major neurocognitive disorder to be reviewed by both agencies to ensure the continuity of evaluations. The bill would additionally require an officer providing conservatorship investigation to include a recommended individualized plan for treatment and care drawn from the documented list of less-restrictive alternatives in the written report described above if the officer recommends against an LPS conservatorship. The bill would also make various clarifying changes. By expanding the duties of county agencies that provide services related to probate conservatorships and LPS conservatorships, and by expanding the duties of the county officer providing conservatorship investigation, this bill would impose a state-mandated local program. (4) Existing law authorizes a conservator of the person, the estate, or the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism for the purpose of providing individualized treatment, supervision, and placement. Existing law requires the creation of an individualized treatment plan within 10 days of the establishment of a conservatorship, as specified. Existing law requires the treatment plan to specify goals for the conservatee's treatment, the criteria by which the accomplishment of those goals can be adjudged, and a plan for reviewing the progress of the treatment. If a treatment plan is not developed or if the conservator fails to report to the court that the conservatee is no longer gravely disabled, existing law requires specified individuals, including a person designated by the county, to refer the matter to the court. Existing law requires the court, upon report by a person designated by the county that the goals have been reached and the person is no longer gravely disabled, to terminate the conservatorship. This bill would require an individualized treatment plan to specify goals for stabilization, the individual's evidenced-based treatment, and movement to a less-restrictive setting. The bill would require those goals to include the criteria by which accomplishment can be judged. The bill would require the treatment plan to be filed with the court, as specified, after it is developed. The bill would require the court to order the treating agency to remedy any perceived defects in a treatment plan if the plan does not meet the specified goals and criteria and would create procedures for remedying those defects and terminating the conservatorship. The bill would authorize the court, upon termination of the conservatorship, to refer the individual to assisted outpatient treatment or CARE court, as specified. This bill would prohibit the court from terminating the conservatorship prior to the end of the conservator's one-year mark if the conservatee cannot be located at any point during that one-year period, except as specified. The bill would require, when a county is filing a petition and the county is aware that the subject of the petition was, within the prior 6 months, a conservatee whose conservatorship was terminated before the one-year termination date, to include in its petition the circumstances that gave rise to the termination. Because this bill would increase the duties on county personnel, this bill would impose a state-mandated local program. (5) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified people to petition a civil court to create a CARE plan to provide an individualized, appropriate range of community-based services and supports to an eligible individual. Under the CARE Act, all reports, evaluations, diagnoses, and other information filed with the court that are related to the respondent are confidential, except as specified. This bill would authorize that information to be shared only by a court order or as approved by the respondent. If the information is used outside of the above-described proceedings, the bill requires a court order for that information to be shared. This bill would authorize a court, at any point after entry of a CARE agreement or adoption of a CARE plan, to order the respondent to an evaluation under the LPS without a petition from the county if the court believes the respondent has become gravely disabled. The bill would establish the procedures required before a court could issue an order pursuant to these provisions. (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.
Existing law establishes the California Health and Human Services Agency, which includes departments charged with the administration of health, social, and other human services. Under existing law, the Legislature finds that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use and that its major objective is protection of the public health and safety, particularly where problems related to inappropriate alcohol use and other drug use are likely to cause harm to individuals, families, and the community. The agency convened the Behavioral Health Task Force to inform its work on behavioral health issues across the state. This bill, the California Overdose Death and Addiction Reduction Act of 2025, would require the California Health and Human Services Agency, on or before January 1, 2028, to direct the task force, or a successor group, to create a set of recommendations to support an implementation plan for reducing alcohol- and drug-related addiction deaths by 50% on or before 5 years from the date the task force provides the recommendations to the agency, but no later than January 1, 2033. The bill would authorize the task force to include additional members as deemed appropriate by the agency, including representatives from specified entities, experts, and providers, among others. The bill would require the agency to adopt the recommendations provided by the task force and require the agency to consider specified information, including quality and performance measures to establish minimum standards for effective delivery of services. The bill would require the agency, on or before July 1, 2033, to provide the Governor and the Legislature a report of the findings and recommendations related to the extent that the 2033 goal was met and how effective the recommendations of the task force were, and recommendations for beyond 2033 that will continue to reduce overdose deaths and addiction. The bill would also make related findings and declarations.
Existing law, the Sex Offender Registration Act (act) , requires a person convicted of specified crimes 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 establishes 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses. Existing law exempts from mandatory registration under the act a person convicted of certain offenses involving minors if the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register. A willful failure to register, as required by the act, is a misdemeanor or felony, depending on the underlying offense. This bill would require offenders convicted of engaging in an act of unlawful sexual intercourse with a minor who is more than 3 years younger than the offender or, if the offender was 21 years of age or older, engaging in an act of unlawful sexual intercourse with a minor who is under 16 years of age, if the offense occurred on or after January 1, 2026, to register for 10 years as a tier one offender under the act, unless the offender was not more than 10 years older than the minor and if that offense is the only one requiring the offender to register. By expanding the scope of a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law, commencing January 1, 2019, made various changes to the law governing ignition interlock devices (IID) , including, among other things, requiring a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time as ordered by the court, an IID on the vehicle they operate, provided however that installation of an IID is discretionary for a first offender, as specified; authorizing a person convicted of driving a motor vehicle under the influence, if all other requirements are satisfied, including the installation of an IID, to apply for a restricted driver's license without completing a period of license suspension or revocation; and requiring ignition interlock device manufacturers to be in compliance with specified provisions relating to payment for the costs of an ignition interlock device. Existing law makes these changes operative until January 1, 2026. On January 1, 2026, existing law, as it relates to these provisions, is generally reinstated to read as it read prior to January 1, 2019. Existing law makes it a crime to violate certain provisions relating to IIDs and motor vehicles equipped with IIDs. This bill would extend the operation of these provisions until January 1, 2033, and would instead reinstate the law to how it read prior to January 1, 2019, on January 1, 2033. By extending the application of a crime, 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.
