Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury upon the person of another. Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law, an assault or battery committed against specified professionals engaged in the performance of their duties, including peace officers, firefighters, and emergency medical personnel, is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would make an assault or battery committed against a utility worker, as defined, who is engaged in the performance of their duties punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of these crimes, 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 requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate. This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of their release for a 3rd time and the person has committed a new felony or misdemeanor. By imposing additional duties on county agencies administering postrelease community supervision, 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 authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law defines "pretrial diversion" as the postponement of prosecution to allow the defendant to undergo mental health treatment, subject to certain requirements, such as the court is satisfied that the recommended program will meet the specialized needs of the defendant, among others. Existing law provides that a defendant is suitable for pretrial diversion if certain criteria are met, including that the defendant agrees to comply with the treatment as a condition of diversion and they will not pose an unreasonable risk of danger to public safety, among others. Existing law defines "unreasonable risk of danger to public safety" as an unreasonable risk that the defendant will commit a new violent felony, as specified. This bill would additionally require that the defendant agree that the recommended treatment plan will meet their specialized needs and would redefine "pretrial diversion" to require that the court is also satisfied that the recommended program is consistent with the underlying purpose of mental health diversion, as described. The bill would state that, notwithstanding the court's determination whether a defendant may pose an unreasonable risk that the defendant will commit a new violent felony, the court retains discretion to deny pretrial diversion if it concludes that the defendant poses an unreasonable risk to the physical safety of another.
Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under existing law, a person is eligible for automatic conviction record relief if the person meets certain requirements, including that it does not appear, based upon information available in the Department of Justice's record, that the person is currently serving a sentence of an offense and there is no indication of pending criminal charges. This bill would require, in determining whether there is a pending criminal charge based on the department's records, the department to conclude that there is no indication of pending criminal charges if at least 3 years have elapsed with no new activity related to that record. Existing law, subject to an appropriation, on a monthly basis, requires the department to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases for which a complaint was filed and for which relief was granted pursuant to the provisions above. Existing law, for any certain record retained by the court, prohibits the court from disclosing information concerning a conviction granted relief pursuant to specified provisions, including the above provisions, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. This bill would require local summary criminal history information provided by the court to any recipient to include notes for any entries for which relief has been granted indicating that relief has been granted pursuant to the above provisions and listing the date the court received notice from the department. The bill would require this note to be included in all local criminal databases maintained by the court. This bill would also require a court, upon the request of the subject of a record granted relief, to furnish a certificate of disposition confirming the court's receipt of notification and compliance with a grant of relief for a specified record granted relief under the above provisions. By placing additional duties on court staff, this 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 establishes the Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs. Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments. This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims' families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, until January 1, 2028, would require the program to submit an annual report to both houses of the Legislature containing, among other things, data on the number of and facts about cases involving missing and murdered indigenous persons in California.
Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection, and requires the department to be responsible for, among other things, fire protection and prevention, as provided. Existing law establishes the California Conservation Camp program for the purpose of having incarcerated persons work on projects supervised by the department. Existing law requires the department to utilize incarcerated persons assigned to conservation camps in performing fire prevention, fire control, and other work at the department. This bill would require the department to, in partnership with the Department of Corrections and Rehabilitation and the California Conservation Camp program, implement a standardized process to ensure that all individuals who complete the department's firefighting training program (FFT program) while incarcerated receive official written certification before their release, as specified. The bill would require the department to, on or before January 1, 2027, award hiring preference under Category Placement 2 to qualified formerly incarcerated individuals who apply for positions with the department. The bill would also require the department to track the number of incarcerated individuals who have completed the FFT program and are set to be released within 90 days, develop and implement policies and procedures to track and report the outcomes of the Formerly Incarcerated Firefighter Certification and Employment Program, and report annually to the Legislature on the implementation and effectiveness of the program, as provided. The bill would make these provisions operative only upon an appropriation by the Legislature for its purposes, as provided.
The Trial Jury Selection and Management Act requires all persons be selected for jury service at random and from sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires a trial judge to examine the prospective jurors in jury trials. Existing law gives the counsel for each party, after this initial examination, the right to examine any of the prospective jurors, as specified, in order to enable counsel to intelligently exercise both peremptory challenges and challenges for cause. Existing law requires, prior to the examination of prospective trial jurors in the panel assigned for voir dire, a specified perjury acknowledgment and agreement to be obtained from the prospective jurors. Existing law requires, after the selection of the trial jury is completed, another specified acknowledgment and agreement to be obtained from the trial jurors. This bill would revise the acknowledgment and agreements obtained from the jury panel prior to the examination of prospective trial jurors assigned for voir dire and after the completion of selection of trial jurors.
(1) Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law authorizes POST, as specified, to decertify a certified peace officer for engaging in serious misconduct, as specified. Existing law requires any agency that employs peace officers to, within 10 days, notify POST of specified occurrences including any complaint, charge, or allegation of serious misconduct by a peace officer employed by that agency and the final disposition of any investigation into that complaint, charge, or allegation, regardless of the discipline actually imposed. Existing law provides that each law enforcement agency shall be responsible for the completion of an investigation into any allegation of serious misconduct by an officer, regardless of the officer's employment status. Existing law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state. This bill would require POST employees whose job duties require access to criminal offender record information, state summary criminal history information, or information obtained from CLETS to undergo a fingerprint-based state and national criminal history background check, as specified. (2) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it. This bill would authorize the commission and all persons for whom background checks have been completed and their duties require access to inspect or duplicate any information derived from CLETS. The bill would additionally authorize the commission and the Peace Officer Standards Accountability Division to inspect and duplicate any criminal history information, criminal offender record information, or criminal justice information, or any other sensitive, confidential or privileged information if the commission determines that the information is needed in the course of the commission's duties. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make specified disbursements from the fund, including, through the 2022–23 fiscal year, reasonable costs incurred by the Department of Cannabis Control for implementing, administering, and enforcing MAUCRSA. This bill would require the Controller to make a disbursement from the fund for reasonable costs incurred by the Department of Cannabis Control for maintaining and operating the track and trace program and for conducting civil or criminal enforcement against unauthorized commercial cannabis activity, as specified. By requiring moneys in the California Cannabis Tax Fund, a continuously appropriated fund, to be used for a new purpose, the bill would make an appropriation. AUMA also requires the Controller to make a disbursement from the fund to the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of AUMA. AUMA prohibits the board from making grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products. This bill would repeal that prohibition, thereby authorizing the Board of State and Community Corrections to make grants to local governments that ban both indoor and outdoor commercial cannabis cultivation or ban retail sale of cannabis or cannabis products. In order to be eligible for a grant, the bill would require a local government either to allow the retail sale of cannabis in storefronts or, for jurisdictions with a population of 10,000 residents or less, to allow cannabis delivery, as specified. The bill would require the board to prioritize grant awards for local governments whose grant application includes illicit cannabis enforcement, and would authorize the board to award grants both competitively and based on a formula to provide consistent and ongoing funding for local governments, as provided. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would declare that its provisions further the purposes and intent of AUMA. 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 establishes the Office of the Inspector General, which is responsible for, among other things, contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the department's Office of Internal Affairs. Existing law establishes within the office the California Rehabilitation Oversight Board, which consists of 11 members. Existing law requires the board, among other things, to regularly examine the various mental health, substance abuse, educational, and employment programs for incarcerated persons and parolees operated by the department. This bill would repeal the provisions establishing the board and its responsibilities. Existing law also requires the Inspector General to conduct an oversight and inspection program to periodically review delivery of the reforms identified in a specified document released by the department in 2012. This bill would remove the requirement that the Inspector General conduct that oversight and inspection program. The bill would also make conforming changes. Existing law requires the department to establish the California Reentry and Enrichment (CARE) Grant program to provide grants to community-based organizations that provide rehabilitative services to incarcerated individuals. Existing law requires the department to establish a CARE Grant program steering committee, which establishes grant criteria, select grant recipients, and determine grant amounts and the number of grants. Existing law requires the members of the committee to include, among others, a member from the Office of the Inspector General who is familiar with the work and objectives of the California Rehabilitation Oversight Board. This bill would delete the provisions requiring a member from the Office of the Inspector General. (2) Existing law establishes the Council on Criminal Justice and Behavioral Health within the Department of Corrections and Rehabilitation for the investigation and promotion of cost-effective approaches to meeting the long-term needs of adults and juveniles with behavioral health disorders who are likely to become offenders or who have a history of offending. Existing law supports county activities that will divert individuals with serious mental illnesses away from the criminal justice system, as specified, and requires the State Department of State Hospitals to, among other things, consult with the council to evaluate county proposals to help fund the development or expansion of mental health diversion, as specified. This bill would repeal the provisions that establish the council and make other conforming changes, including deleting the above-described requirement that the State Department of State Hospitals consult with the council to evaluate county proposals relating to mental health diversion. (3) Existing law creates the Recidivism Reduction Fund in the State Treasury, to be available upon appropriation by the Legislature, for activities designed to reduce the state's prison population, including, but not limited to, reducing recidivism. Existing law requires funds in the Recidivism Reduction Fund that were not encumbered by June 30, 2016, to revert to the General Fund and abolishes the fund when all encumbered funds are liquidated. Existing law requires, upon agreement to accept funding from the Recidivism Reduction Fund, a county board of supervisors, in collaboration with the county's Community Corrections Partnership, to develop, administer, collect, and submit data to the Board of State and Community Corrections regarding a competitive grant program intended to fund community recidivism and crime reduction services, including, but not limited to, delinquency prevention, homelessness prevention, and reentry services. Under existing law, commencing with specified fiscal years, the funding was allocated to counties based on a specified schedule. This bill would repeal the provisions mentioned above. (4) Existing law establishes the Board of State and Community Corrections and sets forth its powers and duties, including, among other things, collecting and maintaining available information and data about state and community correctional policies, practices, capacities, and needs. Existing law, commencing January 1, 2013, and annually thereafter, requires the board to collect and analyze available data regarding the implementation of local plans relating to the 2011 Public Safety Realignment and other outcome-based measures, as specified. Existing law, by July 1, 2013, and annually thereafter, requires the board to provide a report on the implementation of those plans to the Governor and the Legislature. This bill would delete the provisions requiring the board to collect and analyze data regarding the implementation of local plans, as specified, and to provide a report on the implementation of those plans to the Governor and the Legislature. Existing law requires the Board of State and Community Corrections to conduct a biennial inspection of each jail, juvenile hall, lockup, special purpose juvenile hall, camp, ranch, or secure youth treatment facility, as specified. Existing law specifies that a juvenile facility is unsuitable for the confinement of juveniles if the facility is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the board and the facility has failed to file an approved corrective action plan with the board. Existing law requires, if a juvenile facility does not resolve the noncompliance issues outlined in its corrective plan, the board to make a determination of suitability at its next scheduled meeting. Existing law prohibits the facility from being used to confine juveniles if it is not being operated and maintained as a suitable place for the confinement of juveniles. This bill would authorize the board to delegate authority to approve or disapprove a corrective action plan to the board's executive director or a deputy director. The bill would, if that authority is delegated, require the delegee to approve or disapprove the corrective action plan in accordance with criteria and considerations established by the board and require the board to subsequently ratify or overrule the corrective action plan. The bill would also authorize the board to bring a civil action to enforce compliance with minimum standards for juvenile facilities or closure in the superior court in the county in which a facility is located. (5) Existing law requires the Secretary of the Department of Corrections and Rehabilitation to implement literacy programs in the state prison. Existing law requires the department to make college programs available for the benefit of inmates with a general education development certificate or equivalent or a high school diploma and requires those college programs to only be provided by the California Community Colleges, the California State University, the University of California, or other regionally accredited, nonprofit colleges or universities. This bill would authorize those college programs to be provided by accredited public or nonprofit colleges or universities outside of the state, as specified. Existing law requires an inmate who is enrolled, pursuant to these provisions, in a full-time college program consisting of 12 semester units, or the academic quarter equivalent, of credit-bearing courses leading to an associate degree or a bachelor's degree to be deemed by the department to be assigned to a full-time work or training assignment. This bill would instead require an inmate enrolled in a degree-granting college or university program, as specified, to receive the same privileges as an inmate with a full-time work or training assignment. (6) Existing law requires any person employed or under contract to provide mental health diagnostic, treatment, or other mental health services in the state correctional system to be a physician and surgeon, psychologist, or other health professional, licensed to practice in this state, except as specified. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to waive that requirement for persons in the professions of psychology or social work who are gaining qualifying experience for licensure in that profession in this state. For persons employed less than full time as psychologists or clinical social workers, existing law authorizes an extension of a waiver to be granted for additional years proportional to the extent of part-time employment, as provided, but prohibits the waiver from exceeding 6 years in the case of clinical social workers or 5 years in the case of psychologists. This bill would additionally allow mental health professionals to be employed or under contract to provide mental health diagnostic, treatment, or other mental health services in the state correctional system. The bill would authorize the secretary to additionally waive that requirement for persons in the professions of marriage and family therapy or professional clinical counseling who are gaining qualifying experience for licensure in those professions. The bill would additionally authorize an extension of a waiver to persons employed less than full time as marriage and family therapists or professional clinical counselors and prohibit the waiver from exceeding 6 years for those professions. (7) Existing law generally provides for the control and prevention of tuberculosis. Existing law requires various state entities, including the Department of Corrections and Rehabilitation, to meet and confer with recognized employee organizations, as specified, to develop rules regarding the mandatory examination or testing for tuberculosis of the staff of those entities. Existing law prohibits a person from being employed by the department unless that person, after an offer of employment, completes an examination, test, or medical evaluation and is found to be free of tuberculosis prior to assuming work duties. As a condition of continued employment with the department, existing law requires employees who are skin-test negative to receive an examination or test at least once a year, or more often if directed by the department, for as long as the employee remains skin-test negative. Existing law defines various terms for purposes of these provisions. This bill would revise and recast the above-described provisions to require the department to develop rules regarding the mandatory examination or testing for tuberculosis of its staff, as specified. The bill would require a person who is employed by the department and whose primary job functions require them to work inside an institution to complete baseline TB screening and testing and provide a certificate to the department within seven days of appointment to their position showing they are free of active tuberculosis. The bill would require specified employees to receive annual TB screening and ensure that certificates are submitted and accepted by the department, as specified. The bill would authorize the department to require more frequent TB screening or testing, as specified, if there is a known exposure or ongoing transmission within an institution. The bill would delete obsolete definitions, update other definitions, and define additional terms, including "annual TB screening" and "baseline TB screening and testing." Existing law requires volunteers of the department, prior to assuming their duties and annually thereafter, to furnish the department with a certificate showing that they have been examined and found to be free of tuberculosis. Existing law requires employees from other state agencies who are assigned to work in an institution to comply with prescribed requirements for tuberculosis control and requires the department to offer examinations, tests, or medical evaluations to those employees. Existing law prohibits the department from discriminating against an employee because the employee tested positive for tuberculosis. Existing law requires specified state entities, including the department, to report to the State Department of Health Care Services the results of these tuberculosis examinations. This bill would delete those provisions. (8) Existing law defines those persons who are peace officers in the state, grants certain authority to those individuals and their employing entities, and places certain requirements on those individuals and their employing entities. Existing law also grants specified limited arrest authority to certain other persons, including federal criminal investigators and park rangers and peace officers from adjoining jurisdictions. Existing federal law authorizes tribal governments to employ tribal police for the enforcement of tribal law on tribal lands. Existing federal law requires the State of California to exercise criminal jurisdiction on Indian lands. Existing state law deems a tribal police officer who has been deputized or appointed by a county sheriff as a reserve or auxiliary deputy to be a peace officer in the State of California. This bill would, from July 1, 2026, until July 1, 2029, establish a pilot program under the Department of Justice and the Commission on Peace Officer Standards and Training granting peace officer authority to certain tribal police officers on Indian lands and elsewhere in the state under specified circumstances. The bill would authorize the department to select 3 tribal entities to participate, would set certain minimum qualifications and certification and training requirements for a tribal officer to act pursuant to this authority, and would place certain requirements on the employing tribe, including a limited waiver of sovereign immunity, and the adoption of a tribal law or resolution authorizing that exercise of authority and providing for public access to certain records. The bill would require the Department of Justice to provide ongoing monitoring and evaluation and to prepare and submit reports to the Legislature, as specified. Existing law authorizes a county to establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths, including homicides and suicides, and facilitating communication among various agencies involved in domestic violence cases. Under existing law, an oral or written communication or a document provided by a third party to a domestic violence review team is confidential and not subject to disclosure or discovery. This bill would authorize a tribe participating in this pilot program to establish a domestic violence death review team subject to the applicable provisions of this law. This bill would also authorize participating tribes to enter into an agreement to share liability and collaborate on Missing and Murdered Indigenous Persons cases. This bill would create the Tribal Police Pilot Fund in the State Treasury to, upon appropriation by the Legislature, assist program participants with the cost of information technology necessary for complying with reporting requirements for law enforcement agencies. This bill would provide for implementation of all of these provisions only upon an appropriation by the Legislature for these purposes. (9) The bill would appropriate $5,000,000 for the 2025–26 fiscal year from the General Fund to the Department of Justice for purposes of administering the Tribal Police Pilot Program pursuant to Article 2.45 (commencing with Section 11073) of Chapter 1 of Title 1 of Part 4 of the Penal Code, as specified. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
