Criminal Justice (Probation & Parole)

Existing law requires that the terms of probation granted to a person who has been convicted of domestic violence include, among other things, successful completion of a batterer's program or, if a batterer's program is not available, another appropriate counseling program, as specified. Existing law requires the probation department to design and implement an approval and renewal process for batterer's programs and prescribes the requirements of a batterer's program. Existing law, until July 1, 2026, authorizes the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to offer an alternative program for individuals convicted of domestic violence if the program meets specified conditions. This bill would additionally authorize the County of Sacramento to offer an alternative program for individuals convicted of domestic violence. The bill would extend the repeal date of these provisions to July 1, 2030. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law requires a county office of education and county probation department to have a joint transition planning policy that includes collaboration with relevant local educational agencies to coordinate education and services for youth who have had contact with the juvenile justice system. Existing law requires, as part of the joint transition planning policy, the county office of education to assign transition oversight responsibilities to existing county office of education personnel who will work in collaboration with the county probation department and relevant local educational agencies to ensure that specified transition activities are completed for the pupil. This bill would require, as part of the joint transition planning policy, the school district or charter school in which the juvenile court school pupil will be enrolling to assign a staff member of that school district or charter school to serve as the point person for transition liaison responsibilities, and notify the county office of education and the county probation department of the assigned staff member's name and contact information. The bill would also require that staff member, and other personnel of the school district or charter school as needed to serve the pupil, to work in collaboration with the county office of education transition oversight personnel throughout the calendar year to ensure that the transition activities noted above are completed for the pupil. Existing law requires, for pupils detained for 20 consecutive schooldays or fewer, the pupil's individualized learning plan, if one exists, to be made available by the county office of education to the pupil upon the pupil's release. This bill would additionally require that pupil's individualized learning plan to be made available to the pupil's school district or charter school point person for transition liaison responsibilities. Existing law requires the county office of education, in collaboration with the county probation department, to establish procedures for the timely, accurate, complete, and confidential transfer of educational records, as specified. This bill would additionally require the county office of education to collaborate with relevant local educational agencies to establish those procedures. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law requires local educational agencies to issue full or partial credit on an official transcript for all full or partial coursework satisfactorily completed by pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, juvenile court school, charter school, school in a country other than the United States, or a nonpublic, nonsectarian school, as provided. Existing law requires, for a pupil in foster care, upon receiving a transfer request from a county placing agency or notification of enrollment from the new local educational agency, the local educational agency to deliver the official transcript to the next educational placement within 2 business days, as provided. This bill would require the transferring local educational agency to issue that official transcript within 2 business days, as provided. By imposing additional requirements on local educational entities, the 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, 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. (4) This bill would incorporate additional changes to Section 51225.2 of the Education Code proposed by SB 685 to be operative only if this bill and SB 685 are enacted and this bill is enacted last.

Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action. This bill would delete that authority and instead specify that the county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings, and the county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services, as specified, may access juvenile case files. The bill would also authorize an attorney representing a party in a civil proceeding, as defined, filed by, or on behalf of, the person who is the subject of the juvenile case file in which the defendant is either the child welfare agency, probation department, or an employee of those entities to inspect and receive copies of a juvenile case file for use in the civil proceeding, as specified. The bill would additionally authorize an attorney representing a person who is or was the subject of juvenile proceedings under specified provisions to access juvenile case files. By imposing additional duties on local entities to provide access to these records, 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 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.

Existing law requires prisoners sentenced to imprisonment in the state prison to serve time on parole or community supervision after their release from prison. Existing law authorizes courts to suspend the imposition or execution of punishments in specified criminal cases and instead enforce terms of probation or mandatory supervision. This bill would prohibit a supervision authority, as defined, from imposing a condition of supervision that prohibits a person on supervision from being in contact with any family member. The bill would authorize the supervision authority to prohibit contact if the family member is a victim of the crime for which the person on supervision was convicted, and it is deemed necessary for public safety. The bill would require the supervision authority prohibiting contact to provide a written explanation of why the public safety and rehabilitative benefits of prohibiting contact outweigh the rights to familial association, any rehabilitative benefits from contact, and any harms to either person from prohibiting contact. By increasing duties on local governments, this bill would impose a state-mandated local program. The bill would exclude courts from the definition of a supervision authority. 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.

Under existing law, a minor who is 12 to 17 years of age when they violate any criminal law in this state, except an ordinance establishing a curfew based solely on age, or a minor under 12 years of age if they commit certain serious offenses, is within the jurisdiction of the juvenile court, which may adjudge the person a ward of the court. Existing law requires, after finding that the minor is within the jurisdiction of the juvenile court, the court to hear evidence on the question of the proper disposition to be made of the minor and requires the court to receive in evidence a social study of the minor made by the probation officer. Existing law requires, when the probation officer recommends the minor to be placed in foster care, or if the minor is already in foster care placement or pending placement pursuant to an earlier order, the social study to include a case plan with specified components. This bill would also require a case plan, with specified components, to be developed and included in the social study in cases in which the probation officer recommends wardship and either does not recommend removal of the minor from their parent or guardian, or recommends commitment of the minor to a juvenile home, ranch, camp, forestry camp, or juvenile hall. The bill would also require the court to order a minor to comply with any case plan that is developed and to review the ward's progress toward meeting the goals in a case plan at a hearing no less than once every 6 months. By increasing the duties of county probation officers, 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 county to develop and implement a memorandum of understanding (MOU) setting forth the roles and responsibilities of agencies and other entities that serve children and youth in foster care who have experienced severe trauma. Existing law requires that the MOU include provisions addressing, among other things, the establishment and operation of an interagency leadership team. Existing law requires the Secretary of California Health and Human Services and the Superintendent of Public Instruction to establish a joint interagency resolution team consisting of representatives from specified state departments to support implementation of those MOUs, among other functions. Existing law requires the resolution team to develop and submit certain recommendations to the Legislature on various items, including a statewide plan for any additional development needed for a trauma-informed, therapeutic continuum of care to support youth in-state in the least restrictive setting. Existing law requires the team to track and report deidentified information of children and nonminor dependents in foster care who have been assisted to preserve, or secure new, intensive therapeutic options. This bill would require a county, in collaboration with the leadership team, inclusive of tribes, to submit plans to the resolution team describing how the county intends to ensure that coordinated, timely, and trauma-informed services are provided to children and youth in foster care who have experienced severe trauma. The bill would require the county to submit the first plan by January 1, 2027, and to submit updated plans every 2 years thereafter. The bill would require the county to take into consideration certain information regarding the placement and service options available to county child welfare agencies and county probation departments for children and youth in foster care who have experienced severe trauma, as specified. By creating new duties for counties relating to those plans, the 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. 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 three 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 required to register as sexual offenders, habitual sexual offenders, and persons convicted of various sexual offenses, including rape or sodomy, are not suitable for parole under the Elderly Parole Program until the person is 60 years of age or older and has served a minimum of 25 years of continuous incarceration on their current sentence.

Existing law establishes the California Conservation Corps in the Natural Resources Agency and requires the corps to implement and administer the conservation corps program. Existing law authorizes the Director of the California Conservation Corps to establish various training and educational program, including, among others, the Education and Employment Reentry Program, within the corps, to provide education and training to formerly incarcerated individuals who successfully served on a California Conservation Camp program crew. This bill would require the Department of Forestry and Fire Protection and the Department of Corrections and Rehabilitation to jointly evaluate the Ventura Training Center and would require the evaluation to include specified components, including, among others, an evaluation of ways to increase the rate of graduated trainees entering the firefighter workforce. The bill would require the departments to submit a report describing the evaluation to certain legislative committees by January 1, 2026, and would repeal these provisions on January 1, 2030. This bill would declare that it is to take effect immediately as an urgency statute.

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. 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, among others, persons convicted of serious felonies, persons convicted of first-degree murder of a peace officer, or persons sentenced to life in prison without the possibility of parole. This bill would additionally exclude, among others, persons receiving an enhancement to their sentence for committing certain sexual offenses including, among others, rape, sodomy, or lewd and lascivious acts, and habitual sex offenders. The bill would specify that these exclusions apply to all persons incarcerated as of January 1, 2026, regardless of the person's previous eligibility for parole or the status of any parole petition filed prior to that date.