Criminal Justice

Existing law requires a felony sentence punishable pursuant to specified provisions to be served in the county jail. Existing law requires these sentences to be served in the state prison if, among other things, the defendant has a current or prior serious or violent felony conviction or the defendant is required to register as a sex offender. This bill would additionally require the sentence to be served in the state prison if the sentence results in a total term of imprisonment exceeding 6 years.

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law requires the court to, for a person found mentally incompetent and not charged with certain felony offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice. Existing law requires the court to, if restoring the person to mental competence is not in the interests of justice, conduct a hearing, as specified, and determine the person's eligibility for diversion. Under existing law, if the court determines that the person is ineligible or unsuitable for diversion, the court is authorized to hold a hearing to determine the person's other options, including referral to assisted outpatient treatment, county conservatorship, and the CARE program. Existing law requires a person's charges to be dismissed if the person is accepted into assisted outpatient treatment or the CARE program or upon a filing of either a temporary or permanent conservatorship petition. This bill would authorize a county behavioral health agency to report to the court regarding relevant confidential medical information for the purpose of determining eligibility for behavioral health services pursuant to the above provisions. The bill would exempt from the requirement to dismiss charges instances where the person's case has been referred back to the court within certain time periods. Existing law, when a defendant is returned to court after specified proceedings to restore competency and it appears the defendant is gravely disabled, requires the court to initiate specified conservatorship proceedings. Existing law defines gravely disabled for these purposes as meaning a condition in which a person, as a result of specified disorders, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care, or a condition in which the person has been found mentally incompetent and specified facts exist, including that the person is unable to understand the nature and purpose of the proceedings taken against them and to assist counsel in the conduct of their defense in a rational manner. This bill would clarify that gravely disabled includes meeting either or both of these definitions of gravely disabled. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine whether the defendant is eligible for both diversion and the CARE program. Under existing law, if the defendant is not eligible or suitable for diversion, the court is required to hold another hearing to decide if the defendant should be referred for, among other things, county conservatorship. Existing law only allows a referral for county conservatorship if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined. This bill would also allow a referral for county conservatorship if, in the opinion of the court, the defendant appears to be gravely disabled.

Existing law authorizes a judge of the juvenile court in which a petition was filed to dismiss the petition, or set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the minor require that dismissal, or if the court finds that the minor is not in need of treatment or rehabilitation, regardless of whether the minor is, at the time of the order, a ward or dependent child of the court. This bill would clarify that an adjudication dismissed pursuant to that provision be deemed to have not occurred and prohibit a person from suffering any future adverse questions based on an adjudication dismissed pursuant to that provision. The bill would specify that a dismissal of a sustained petition pursuant to that provision is deemed to include both dismissal of a petition and a setting aside of any findings.

Existing law defines vehicular manslaughter while intoxicated as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle while intoxicated and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. Under existing law, a violation of this provision is punishable as a misdemeanor or felony. This bill would make a violation of the above provision punishable only as a felony. 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 allows a person sentenced to life imprisonment without the possibility of parole who was under 18 years of age at the time of the offense to petition the court for recall of their sentence and resentencing, as specified. Existing law prohibits a person from seeking recall and resentencing pursuant to these provisions if it is pleaded and proved that the person committed certain offenses and the victim was a public safety official, including any law enforcement personnel. This bill would additionally prohibit a person from seeking recall and resentencing pursuant to these provisions for an offense that meets the definition of a school shooting, as defined.

Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified persons, including a person with whom the respondent resides, family members, and first responders, among others, 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 authorize a first responder to contact the county behavioral health agency in the county in which the individual resides or is found to request the agency file a petition to commence the CARE process. The bill would require the agency to review the request and determine whether to file a petition within 30 business days. The bill would require the agency, upon completion of the review, to notify the first responder that made the referral of specified information, including whether or not a petition was filed. Because the bill would require a higher level of service from county agencies, this bill would create a state-mandated local program. This bill would require the department to create a referral form to be used by the first responders and would require the department to issue guidance on the procedure to request that the agency file a petition to commence the CARE process. The bill would also require the agency to include specified data in their annual report to the department. 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 creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities. Existing law subjects a minor between 12 and 17 years of age, inclusive, 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. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition, as specified. Existing law authorizes a probation officer who concludes that a minor is within the jurisdiction of the juvenile court or would come within the jurisdiction of the court if a petition was filed, in lieu of filing a petition to declare a minor a ward of the court or requesting that a petition be filed by the prosecuting attorney, to declare a minor a ward of the court, as specified, to refer the minor to services provided by a health agency, community-based organization, local educational agency, an appropriate nonlaw enforcement agency, or the probation department. This bill would authorize, until January 1, 2030, the Office of Youth and Community Restoration to establish a grant program to create a youth court diversion pilot program. The bill would authorize the office, upon appropriation by the Legislature, to award 6 one-time grants to 6 counties to establish a youth diversion program for first-time misdemeanor juvenile offenders. The bill would specify the criteria for a juvenile to participate in the pilot program, including, among other things, the types of offenses for which a juvenile may participate in the pilot program. The bill would require that juveniles participating in the program appear before a jury composed of high school student volunteers who have been trained and mentored by attorneys from the district attorney and public defender's offices. The bill would require the student volunteers to determine a disposition, as specified, and would prohibit the student jury from making a determination of guilt or innocence. The bill would specify the minimum requirements for youth court diversion proceedings pursuant to these provisions. The bill would also require participating counties to annually provide a report to the office regarding the juveniles who have completed the program.

Existing law authorizes a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal in specified circumstances, including when the animal is kept without proper care and attention, as specified. Existing law provides that if an animal is seized pursuant to those provisions or pursuant to a warrant, the owner is personally liable to the seizing agency for the cost of the seizure and care of the animal. Existing law deems the animal to then be abandoned by the owner under specified circumstances, including if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges and take possession of the animal. This bill would make those provisions apply to animals seized pursuant to any provision of California law.

Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. This bill would, consistent with the intent of Proposition 57, authorize the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction when the minor is alleged to have committed certain specified offenses when the minor was 14 or 15 years of age and was previously convicted in a court of criminal jurisdiction and is now subject to resentencing in juvenile court pursuant to specified provisions.

Existing law prohibits the consideration of a person as a candidate for, and provides that the person is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes. This bill would additionally prohibit the consideration of a person as a candidate for, and provide that the person is not eligible to be elected to, any state or local elective office if they have been convicted of a felony involving sexual assault or human trafficking, as defined.