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 inmates and wards work on projects supervised by the department. Existing law requires the department to utilize inmates and wards assigned to conservation camps in performing fire prevention, fire control, and other work at the department. This bill would require, on and after July 1, 2027, 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 eligible individuals who successfully complete training in a department firefighting training camp while incarcerated receive official written certification reflective of the training completed before their release, as specified. This bill would require the department, on and after January 1, 2028, if a qualified formerly incarcerated individual, as defined, applies for a Fire Fighter 1 Classification position, or any successor classifications, and has the required training and meets the minimum qualifications for the position, to award hiring preference under Category Placement 2 to the qualified formerly incarcerated individual, as specified. The bill would require the department, on and after January 1, 2028, if a qualified formerly incarcerated individual applies for a Forestry Technician Classification position, or any successor classifications, to count the duration of specified training and fieldwork as an incarcerated hand crew member towards the minimum qualifications for the classification.
Existing law prohibits the Department of Corrections Rehabilitation from allowing any lack of care that would injure or impair the health of an incarcerated person. Existing law prohibits the department from modifying or canceling the medical treatment of an incarcerated person if a physician certifies that the medical treatment is required to prevent certain violations of law or to prevent serious and imminent harm to the health of an incarcerated person, as specified. This bill would prohibit a supervisor, administrator, or employee of the department from interfering with or refusing to implement prescribed health care, as specified, that results in substantial emotional distress or serious bodily injury, as defined.
Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, except as specified, authorizes adverse action to be taken against any employee, or person whose name appears on any employment list, for specified causes of discipline. This bill, except as specified, would prohibit an employee from being disciplined for cause unless the conduct constituting cause is reasonably related to the employee's fitness, qualifications, or ability to perform the duties of the position. The bill would prohibit its provisions from being construed to limit any procedural or substantive protections otherwise provided by statute, regulation, or memorandum of understanding. This bill would require the Department of Corrections and Rehabilitation to develop and implement, no later than January 1, 2030, an employee training or diversion program as an available alternative to monetary disciplinary penalties for any correctional peace officer employed by a department, division, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation. The bill would require the appointing authority to consider whether an employee is eligible for participation in the program before imposing a monetary disciplinary penalty on the employee for any act or omission giving rise to a cause for discipline. The bill would authorize the appointing authority to impose more serious penalties if the nature and frequency of the conduct of the correctional peace officer constitutes serious and grave misconduct and the appointing authority states in writing the specific facts supporting that determination and documents why participation in the training or diversion program would be inappropriate. The bill would require the Department of Corrections and Rehabilitation, beginning on January 1, 2031, and annually thereafter, to submit a report to appropriate policy and fiscal committees of the Legislature that includes specified information about the program.
(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 allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense. This bill would authorize a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or who was convicted of an eligible offense, as defined, to petition the court to have their records of that conviction, charge, or arrest sealed if 4 years have elapsed since the date, including, among others, on which the person was arrested, as specified, or on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, or a sex offense. The bill would authorize a criminal justice agency to access and use a conviction record sealed pursuant to these provisions as required by an initiative statute and for the limited purpose of determining eligibility and suitability of a defendant for diversion. 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 Board of State and Community Corrections and declares that the mission of the board is to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system consistent with the statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations. Existing law requires the board to establish minimum standards for local correctional facilities, including the safety of incarcerated individuals, and to biennially review and make appropriate revisions to those standards. This bill would require the board's standards to prohibit an incarcerated patient who is admitted to a hospital from being restrained by the use of mechanical restraints, as defined, while receiving an advanced level of medical services, as defined, except as specified. If there is an imminent physical threat while the incarcerated patient is in the hospital, the bill would require the standards to provide that a hospital may initiate their medical restraint process, as specified, and would prohibit the use of mechanical restraints by local correctional facility staff if there is an imminent physical threat while the incarcerated patient is in the hospital. The bill would authorize the use of mechanical restraints by state correctional facility staff or juvenile facility staff if an incarcerated adult or juvenile patient attempts to escape from the hospital, subject to certain requirements. Existing law prohibits the application of restraints to incarcerated pregnant persons, as specified. Existing law requires a pregnant person who is incarcerated in a prison to be temporarily taken to a hospital outside the prison for the purpose of giving childbirth and to be transported in the least restrictive way possible and in accordance with the above-described provisions. Existing law also specifies the circumstances during which a juvenile may be placed in mechanical restraints, including during transportation between facilities. This bill would prohibit juveniles and incarcerated persons admitted to a hospital from being restrained by the use of mechanical restraints while receiving an advanced level of medical services, as defined. If there is an imminent physical threat while the incarcerated patient is in the hospital, the bill would authorize a hospital to initiate its medical restraint process, as specified, and would prohibit the use of mechanical restraints by state correctional facility staff or juvenile facility staff. The bill would authorize the use of mechanical restraints by state correctional facility staff or juvenile facility staff if an incarcerated adult or juvenile patient attempts to escape from the hospital, subject to certain requirements. By placing new requirements on local correctional facility and juvenile facility staff, 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 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.
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 requires the Department of Corrections and Rehabilitation, when amending or adopting regulations that may impact the visitation of inmates, to recognize and consider the value of visiting as a means to improve prison safety, the important role of inmate visitation in maintaining connection with family and community, and the role of inmate visitation in preparing for successful release. This bill would require each facility, as defined, to establish at least 3 days of visitation per week. The bill would require a facility, if it will not be open for visitation, to provide notice to the impacted population as soon as possible. The bill would authorize a facility to deny contact visits only for specified reasons, including, among others, possession of contraband or pending or sustained rules violations that result in a restricted housing unit term. The bill would require facility staff to take specified actions with regard to correctable issues with a visitation, including, among other things, allowing the visitor a reasonable opportunity to correct the issue and return to visiting up to one hour before the end of the visiting period. The bill would prohibit denial of visitation if a visitor has traveled more than 170 miles to attend a visit and has not visited within 30 days, unless there has been a finding of a credible and documented security threat. The bill would prohibit a facility from searching visitors without their voluntary, informed, and written consent. The bill would authorize a facility to respond to refusal of that search only with denial of contact visiting for that day, and would require the facility to offer a noncontact visit on the same day, if space is available. The bill would authorize other restrictions and procedures for searches of visitors, as specified.
Existing law establishes the Department of Corrections and Rehabilitation to administer the state prison system under the direction of the Secretary of the Department of Corrections and Rehabilitation. Existing California constitutional provisions grant the department the authority to award credits earned for good behavior and approved rehabilitative or educational achievements in order to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order. This bill, the Second Chance Sports Act, would, until January 1, 2036, require the department to formalize, in consultation with specified individuals and organizations, a policy on organized sports programming. The bill would authorize the department to solicit and accept proposals and negotiate and enter into agreements with specified entities for the purposes of expanding access to sports programming as described above. The bill would establish the Second Chance Sports Fund within the State Treasury. The bill would require the department to seek advisement from the Legislature on the priorities for utilizing the moneys in the fund. The bill would make funds available, upon appropriation by the Legislature in the annual Budget Act, for the above-described purposes. The bill would require the Controller, on or before January 1, 2029, and annually thereafter, to provide a report to the Legislature on the amounts deposited into the fund. The bill would make related findings and declarations.
