Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe rules and adopt regulations for the administration of the prisons and administration of the parole of specified persons. Existing law provides that in general, these regulations shall be adopted pursuant to the Administrative Procedure Act, but exempts from that requirement regulations relating to pilot programs that are legislatively authorized or mandated, or departmentally authorized, as specified. Existing law requires a regulation adopted under that exemption to be repealed by operation of law, 2 years after the commencement of the pilot program being implemented unless the regulation is adopted, amended, or repealed pursuant to the Administrative Procedure Act. Existing law requires the department to automatically grant a youth offender a lower security level than the level that corresponds with that individual's classification score or placement in a facility that permits increased access to programs, except as specified. Under the authority of those provisions, the department established the Youth Offender Program Camp Pilot Program, with the purpose of the program being to encourage youth offenders to commit to positive change and self-improvement with the goal of being law-abiding members of society upon release and to provide youth the opportunity to receive wildland firefighting training. This bill would require the secretary to make permanent the Youth Offender Program Camp Pilot Program, and authorize the secretary to expand the program to include some or all of California Conservation Camps.
Under existing law, a prisoner can reduce their term of imprisonment by earning credit for, among other things, continuous incarceration, good behavior, and participation in approved rehabilitative programming. Existing law makes an inmate of a county jail or state prison who has completed training for assignment to a conservation camp, state or county facility, or a correctional institution as an inmate firefighter, or who is assigned to a state or county facility or a correctional institution as an inmate firefighter, and who is eligible to earn one day of credit for every one day of incarceration, instead eligible to earn 2 days of credit for every one day served in that assignment or after completing that training. Existing law authorizes a juvenile court to order placement of a ward at the Pine Grove Youth Conservation Camp if specified criteria are met, including if the county has entered into a contract with the Department of Corrections and Rehabilitation and the department has found the ward amenable. Existing law authorizes the department to enter into contracts with counties to operate the Pine Grove Youth Conservation Camp through a state-local partnership, or other management arrangement, to train justice-involved youth, as specified, in wildland firefighting skills. This bill would require an incarcerated individual hand crew member, in addition to receiving credits, and a ward or youth hand crew member placed at the Pine Grove Youth Conservation Camp to be paid an hourly wage equal to $7.25 while assigned to an active fire incident. The bill would require that wage rate to be reviewed annually. The bill would require the Department of Corrections and Rehabilitation and counties to maintain regulations regarding an administrative adjudication and remedy process for any disputes over sums owned pursuant to these provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a court, on its own motion within 120 days of the date of the defendant's commitment, or at any time if the applicable sentencing laws have changed or upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, or the district attorney, to recall a defendant's sentence and resentence that defendant to a lesser sentence. Existing law establishes the California Conservation Camps for the purpose of having incarcerated persons work on projects supervised by the Department of Forestry and Fire Protection. 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 of Corrections and Rehabilitation, no later than July 1, 2027, to promulgate regulations, as specified, regarding the referral of participants in the California Conservation Camp program and incarcerated persons working at institutional firehouses for resentencing.
Existing law revives certain claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff's 18th birthday when one or more entities are legally responsible for damages and the entity or their agents engaged in a cover up, as defined, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired. Existing law authorizes a cause of action for any such claim to proceed if already pending in court on January 1, 2023, or, if not filed by that date, to be commenced between January 1, 2023, and December 31, 2023. Existing law revives such claims brought by a plaintiff who alleges all of the following: (1) the plaintiff was sexually assaulted, (2) one or more entities are legally responsible for damages arising out of the assault, and (3) the entity or entities engaged in a cover up or attempted cover up, as defined, of a previous instance or allegations of sexual assault. This bill would extend the eligibility period for revival of claims of the type described above to include claims that would otherwise be barred prior to January 1, 2026, because the applicable statute of limitations has or had expired. The bill would instead require a revived claim against an entity, as defined, to allege that the plaintiff was sexually assaulted and that (1) one or more entities or persons are legally responsible for damages arising out of sexual assault by an alleged perpetrator against the plaintiff, and (2) an entity or entities, including their specified representatives, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator. The bill would additionally revive a claim against the person who committed the sexual assault brought by a plaintiff who alleges, among other things, that one or more entities or persons are legally responsible for damages arising out of the sexual assault. The bill would specify that failure to allege a cover up as to one entity does not affect revival of a claim or claims against any other entity or person, including the perpetrator. The bill would permit a cause of action for any such claim to proceed if already pending in court on the effective date of the bill or, if not filed by that date, to be commenced between January 1, 2026, and December 31, 2027. The bill would exempt public entities from these provisions and would provide that public entities are not required to indemnify perpetrators of sexual assault, as specified. The bill would make conforming changes.
Existing law prohibits the state from seeking, obtaining, or imposing a criminal conviction or sentence on the basis of race, ethnicity, or national origin. Under existing law, a defendant may pursue relief for a violation of this prohibition by filing a motion pursuant to the provisions that prohibit this conduct, a petition for a writ of habeas corpus, or a motion to vacate a conviction or sentence. This bill would authorize the defendant in these proceedings to file a motion for disclosure of all relevant evidence related to a potential violation of the prohibition on the state seeking, obtaining, or imposing a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. The bill would also authorize the court to remedy a violation of these provisions with any other remedy not prohibited by another law. The bill would make other technical changes. This bill makes legislative findings and declarations in support of its provisions. This bill would incorporate additional changes to Sections 745, 1473, and 1473.7 of the Penal Code proposed by SB 734 to be operative only if this bill and SB 734 are enacted and this bill is enacted last.
Existing law requires law enforcement agencies to maintain policies on specified subjects, including, among others, the use of force, gun violence restraining orders, and responding to domestic violence calls. This bill would require each municipal police department and county sheriff's department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments to, on or before January 1, 2027, develop, adopt, and implement written policies and standards to promote safe, consistent, and effective service, implementation, and enforcement of court protection and restraining orders that include firearm access restrictions. The bill would require these policies and standards to, among other things, provide a standard agency process for law enforcement to serve an order against a restrained person in a timely manner and ensure the agency consistently complies with specified requirements under California law governing service of protection and restraining orders. By expanding the duties of local law enforcement, 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 court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if they are not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. After January 1, 1978, if the court fails to advise the defendant, as required, and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on the defendant's motion, is required to vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. This bill would require the court to give the above-described advisement verbatim and would clarify the advisement to state that if the defendant is not a citizen of the United States, conviction may result in the specified immigration consequences. The bill would state that for a plea accepted prior to January 1, 2026, it is not the intent of the Legislature that a court's failure to provide the advisement verbatim requires vacation of judgment and withdrawal of the plea or constitutes grounds for finding a prior conviction invalid, as specified.
Existing law sets forth filing fees and other civil fees for superior courts. Existing law requires certain applicants to be granted initial permission to proceed without paying court fees and costs because of the applicant's financial condition, including an applicant whose monthly income is 200% or less of the current poverty guidelines, as specified. This bill would prohibit veterans disability service-connected compensation from being included in monthly income for purposes of that provision.
Existing law prohibits the touching of any intimate part of another person for the purpose of sexual arousal, gratification, or abuse, under specified circumstances, including if the victim is unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose. A violation of these provisions is punishable as a misdemeanor or as a felony by imprisonment in the state prison for 2, 3, or 4 years, and by a fine not exceeding $10,000. Existing law requires, in the case of a felony conviction for a violation of these provisions, the fact that the defendant was an employer and the victim was an employee of the defendant to be a factor in aggravation in sentencing. This bill would require, in the case of a felony conviction for a violation of these provisions, the fact that the defendant was employed at a hospital where the offense occurred and the victim was in the defendant's care or seeking medical care at the hospital to be a factor in aggravation in sentencing. By increasing the punishment for 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 requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by an agency mandated to make those reports. Existing law requires the department to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation. Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit fingerprint images and related information of employment and volunteer candidates to the department for the purpose of obtaining information as to the existence and nature of a record of a child abuse investigation contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Existing law requires the department to charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information and prohibits the department from charging a fee for state-level criminal offender record information. This bill would instead require a CASA program to submit fingerprint images and related information of employment and volunteer candidates to the department for the purpose of conducting a state and federal criminal history background check. The bill would require the department to monitor the Child Abuse Central Index and notify the CASA program if a record of a child abuse investigation involving a CASA employee or volunteer is added to that index. The bill would impose notification and review requirements on a CASA program to request that the department remove the notification for an individual who is no longer employed by or volunteering with the CASA program, as specified. The bill would require the department to terminate notification for an individual upon receipt of that request. The bill would authorize the department to increase its fee for a CASA employment and volunteer candidate to cover the cost of processing those subsequent notifications.
