Existing law subjects a minor between 12 and 17 years of age, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law assigns various responsibilities relating to these individuals to the probation officer, including, among others, the responsibility to supervise minors placed on probation. This bill would require the County of Los Angeles to implement a body-worn camera program for the County of Los Angeles Probation Department (probation department) . The bill would require the county, the probation department, and affected employee organizations to develop the body-worn camera policy and a plan for implementing the body-worn camera program by no later than June 1, 2027. The bill would require the body-worn camera program to be implemented beginning on January 1, 2028. The bill would specify the minimum requirements for the policy, including the best practices for officer review of recorded body-worn camera data. Because this bill would create new duties for the County of Los Angeles and the County of Los Angeles Probation Department, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. 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 a court to consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation. Existing law states that it is the intent of the Legislature that the disposition of any criminal case use the least restrictive means possible. This bill would make a technical, nonsubstantive change to this provision.
Existing law requires the Department of Corrections and Rehabilitation to notify the sheriff or chief of police, or both, and the district attorney where certain parolees were convicted and are scheduled to be released of specified information related to the parolee prior to their release. Existing law requires the department to, upon request, provide to the officials described above specified information available to the department, including photographs and fingerprints, concerning persons on parole who may be residing in that city or county, as specified. This bill would additionally require the department to notify the county chief probation officer of, or to provide upon request to the officer, as appropriate, the information described above. Existing law subjects a person to no more than 3 years of postrelease community supervision after release from prison or after the person's term of imprisonment has been deemed to have been served, except as specified. Existing law requires the Department of Corrections and Rehabilitation to, among other things, inform each prisoner subject to postrelease community supervision of their responsibility to report to the county probation department. Existing law requires the department, 30 days before release, to notify the county of all information that would otherwise be required for parolees, as specified. This bill would require the department to provide the county probation department written and verbal notification of the scheduled release date of the person and the information described above no less than 90 days before the person's release, and if the discharge date is set or reset for 90 or fewer days into the future, would require the department to provide notification within 5 business days, but no later than 30 days before the discharge date of the person. The bill would require the department to notify the county probation department of the county in which a person is being released of the name and contact information of the prerelease care manager, postrelease care manager, and enhanced care manager for the person being released to ensure California Advancing and Innovating Medi-Cal (CalAIM) processes are integrated with local reentry service delivery and court-ordered conditions. The bill would require, if a county probation department identifies, prior to the release of a person, that the person's current county of residence may be different than the county of the person's last legal residence, the department to coordinate with the probation department to determine the person's current county of residence and to develop coordinated plans for the release and transport of the released person to the person's current county of residence. By increasing duties on county probation departments, 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 authorizes a court to order a ward who is 14 years of age or older, and who meets certain criteria, to be committed to a secure youth treatment facility, operated by the county of commitment, for a period of confinement. Existing law authorizes the court, upon a motion from the probation department or the ward, to order that the ward be transferred from a secure youth treatment facility to a less restrictive program, such as a halfway house, a camp or ranch, or a community residential or nonresidential service program if the court determines that the ward has made substantial progress toward the goals of the individual rehabilitation plan. Existing law requires the court to consider the recommendations of the probation department on the proposed change in the placement. This bill would generally require the court, when determining whether to place a ward in a particular less restrictive program that includes congregate residential care, to consider certain information, including, among other things, whether the program has specified insurance policies, and to state on the record the reason for placing a ward in a particular less restrictive program that includes congregate residential care. The bill would require program providers to provide that information to the probation department for the purpose of providing it to the court. By imposing additional duties on probation departments, 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 each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Existing law requires that the policy include, among other things, training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency's use of force policy by officers, investigators, and supervisors. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or choke hold by any peace officer employed by that agency. This bill would, until January 1, 2030, prohibit a law enforcement agency, including a federal law enforcement agency, from using a wearable electroshock device within the State of California. The bill would also prohibit a law enforcement agency from using state funds to purchase a wearable electroshock device. The bill would require a law enforcement agency to update their use of force policies to prohibit the use of a wearable electroshock device. By increasing the duties on local law enforcement, the bill would impose a state-mandated local program. The bill would require the Division of Law Enforcement within the Department of Justice to conduct a study on the safety and community impacts of wearable electroshock devices and provide recommendations for appropriate standards and safeguards for their use, and would require the department to report to the Legislature on the findings and recommendations of the study on or before January 1, 2029. 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, as amended by Proposition 9, the Victim's Bill of Rights Act of 2008: Marsy's Law, at the November 4, 2008, statewide general election, requires the Board of Parole Hearings, following a decision denying parole, to schedule the next hearing 3, 5, 7, 10, or 15 years from the date of the last hearing, as specified. Existing law also authorizes the board, in its discretion and after considering the views and interests of the victim, to advance a hearing to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim's safety does not require additional incarceration. Existing law authorizes an inmate to request that the board exercise its discretion to advance a hearing and provides the procedure for an inmate to make that request. This bill would require the board, in coordination with the Department of Corrections and Rehabilitation, to collect and publish annual data regarding requests to advance parole consideration hearing dates and the board's review of those requests, as specified. The bill would require the board to submit the report to the Legislature by March 1, 2027, and annually thereafter. Following submission of the report to the Legislature, the bill would also require the board to make the report publicly available on its internet website on that date and annually thereafter. This bill, for each request to advance a parole consideration hearing date, would require the board to maintain a written summary of the decision, including the basis for approval or denial and the primary factors considered. The bill would require the summaries to be made available to certain entities, including the incarcerated person or their counsel. This bill would repeal these provisions as of January 1, 2032.
Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an individual is suitable for parole. Existing law establishes the Elderly Parole Program for the purpose of reviewing parole suitability of inmates who are 50 years of age or older and who have served a minimum of 20 years of continuous incarceration on their sentence. Existing law requires the Board of Parole Hearings, when considering the release of qualifying inmates, to give special consideration to whether certain criteria have reduced the elderly inmate's risk for future violence. Existing law excludes various persons from these provisions, including persons sentenced pursuant to existing sentencing provisions commonly known as the 3 strikes law. Under an existing court order, although statutorily excluded, an individual may be eligible for parole under the Elderly Parole Program when they are 60 years of age or older and have been continuously incarcerated for at least 25 years. This bill would instead specify that persons convicted of various sexual offenses, including rape, sodomy, or aggravated sexual assault of a child, or sentenced pursuant to a provision applicable where the crimes involved had multiple victims, as specified, are not eligible for parole under the Elderly Parole Program, unless the person is 65 years of age or older and has served a minimum of 25 years of continuous incarceration on their current sentence. The bill would require the board to review a sexual dangerousness screening of an individual sentenced to an indeterminate sentence for a sexually violent offense, as defined, and would require the board to refer a person whose sexual dangerousness screening indicates that they may qualify as a sexually violent predator to the State Department of State Hospitals for further evaluation, as described. The bill would require commissioners who conduct hearings to undergo training in sex offender behaviors and risks. Existing law defines a sexually violent predator to mean a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that the person will engage in sexually violent criminal behavior. For purposes of this definition, a conviction for a sexually violent offense includes convictions that resulted in either a determinate or an indeterminate prison sentence, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department's jurisdiction, and who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals at least 6 months prior to that individual's scheduled date for release from prison if the secretary determines that the person may be a sexually violent predator. Existing law requires a petition for commitment as a sexually violent predator to be filed in the county in which the person was convicted of the sexual offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. This bill would also require the Executive Officer of the Board of Parole Hearings to make that referral and revise the criteria for referral to additionally apply to a person who is serving an indeterminate prison sentence. The bill would also authorize the secretary, or the Executive Officer of the Board of Parole Hearings, to refer the person for evaluation if the person's scheduled release date is less than 4 months after the date of the decision to grant parole, or if the person will be scheduled for a parole hearing in the next 6 months. By imposing additional duties on counties regarding commitment of persons as sexually violent predators, 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 requires the Board of Parole Hearings to meet with each indeterminately sentenced inmate during the 6th year before the inmate's minimum eligible parole date for the purpose of reviewing and documenting the inmate's activities and conduct pertinent to parole eligibility. One year before the inmate's minimum eligible parole date, existing law requires a panel of the board to meet with the inmate and to grant parole unless the panel or board sitting en banc determines that the gravity of the current convicted offense, or the timing and gravity of current or past convicted offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for the inmate. In certain circumstances, the board will conduct an en banc review and existing law specifies how the en banc review is required to be conducted. Existing law requires a decision of the board to become final unless the board finds that the panel made an error of law, or that the panel's decision was based on an error of fact, or that new information should be presented to the board, and that, when corrected or considered by the board, has a substantial likelihood of resulting in a substantially different decision upon a rehearing. Existing law authorizes the Governor to request a review of a decision by the board to grant or deny parole and, if a request has been made, existing law requires the request to be reviewed by a majority of commissioners, as specified. This bill would instead require a decision by the board to become final unless the board finds an error of law or fact or new information should be presented to the board and that, when corrected or considered by the board, has a substantial likelihood of resulting in a different decision upon a rehearing. The bill would also make the decision and vote of each commissioner of the board in an en banc review a public record. The bill would require the board, when reviewing decisions referred en banc based on review of a panel's decision, to determine if there was a material error of law or fact, or new information that, when corrected or considered by the board, has a substantial likelihood of resulting in a different decision upon a rehearing, and would require the board to vote to either affirm the decision or vacate the decision and set a new hearing. The bill would require the board, when reviewing a parole decision referred en banc by the Governor, to address the Governor's stated reason or reasons for the requested review, and would require the board to either affirm the decision, refer for a recision hearing for lack of substantial evidence, or, in the case of a denial, vacate the decision and set a new hearing. The bill would also make nonsubstantive changes throughout these provisions. (2) Existing law defines a sexually violent predator to mean a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that the person will engage in sexually violent criminal behavior. For purposes of this definition, a conviction for a sexually violent offense includes convictions that resulted in either a determinate or an indeterminate prison sentence, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department's jurisdiction, and who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals at least 6 months prior to that individual's scheduled date for release from prison if the secretary determines that the person may be a sexually violent predator. Existing law requires a petition for commitment as a sexually violent predator to be filed in the county in which the person was convicted of the sexual offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. This bill would authorize the Executive Officer of the Board of Parole Hearings to refer individuals for evaluation as a sexually violent predator pursuant to these provisions. The bill would authorize the secretary or executive officer of the board to refer the person for evaluation if the incarcerated person is determinately sentenced and is scheduled for a parole hearing in the next 6 months. The bill would additionally authorize the secretary or executive officer of the board to refer an individual who is serving an indeterminate term or whose parole was revoked who meets certain criteria for evaluation at least 6 months before the individual's scheduled release date or if the person is scheduled for a parole hearing within the next 6 months, as specified. By imposing additional duties on counties regarding commitment of persons as sexually violent predators, 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, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. Existing law requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law requires an employee of those agencies, in certain circumstances, to send or have sent, within 36 hours, a copy of a report made pursuant to these provisions to the attorney who represents the child, who is the subject of the report, in dependency court. Existing law requires the agency to maintain a copy of the written report and provide all information requested by the attorney for the child or the child's guardian ad litem within 30 days of the request. This bill would require, if a county welfare agency substantiates a report for an incident that occurred in an out-of-home placement, including, but not limited to, placement in foster or congregate care, or if a child is removed from an out-of-home placement due to abuse or neglect, a county welfare agency to send notice, containing specified information, of the report to the attorney who represents a parent or legal guardian of the child in dependency court and, in the case of an Indian child, the tribal representative. The bill would make that requirement inapplicable to a parent whose parental rights have been terminated. The bill would require, if a county welfare agency substantiates a report for an incident that occurred in an out-of-home placement, including, but not limited to, placement in foster or congregate care, or if a child is removed from an out-of-home placement due to abuse or neglect, the agency to send a notice of the report, as specified, to all attorneys who represent a child with an open dependency case in that placement, as provided. By expanding the duties of local agencies that receive reports alleging abuse or neglect of children, 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 establishes the Elderly Parole Program for the purpose of reviewing the parole suitability of inmates who are 50 years of age or older and who have served a minimum of 20 years of continuous incarceration on their sentence. This bill would raise the minimum age limitation for that program to 65 years of age.
