Criminal Justice (Corrections)

Existing law requires a person arrested to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified. Existing law allows an attorney to visit a prisoner after their arrest, as specified. Under existing law, an officer in charge of the prisoner who willfully refuses or neglects to allow an attorney to visit that prisoner is liable for criminal and civil penalties, as provided. This bill would clarify that the above provisions regarding criminal and civil penalties for officers apply if a prisoner is in a jail, prison, or medical setting. The bill would make other technical changes, as provided.

Existing law requires that, as a condition of parole, a prisoner who has a severe mental health disorder be treated by the State Department of State Hospitals if the prisoner meets certain requirements, including, among others, that the severe mental health disorder was one of the causes of, or was an aggravating factor in, the commission of a specified crime for which the prisoner was sentenced to prison, and that prior to release on parole, the prisoner has been evaluated, as specified, and the chief psychiatrist of the Department of Corrections and Rehabilitation has certified that the prisoner has a severe mental health disorder, that the disorder is not in remission or cannot be kept in remission without treatment, that the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner's criminal behavior, that the prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner's parole release day, and that by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. This bill would instead require the chief psychiatrist of the Department of Corrections and Rehabilitation to certify that the prisoner meets three of the following criteria: a severe mental health disorder, the disorder is not in remission or cannot be kept in remission without treatment, the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner's criminal behavior, the prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner's parole release day, and by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. The bill would include sexual harassment and battery under physical harm.

Existing law authorizes a board of supervisors of any county to, by resolution, establish a department of corrections, to be headed by an officer appointed by the board, which has jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel. Existing law, except as specified, requires the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the prisoners in it, as specified, and generally imposes requirements and duties on sheriffs for the keeping of jails. This bill would authorize a board of supervisors to, by resolution, establish the position of jail administrator and impose procedures for the nomination and confirmation or denial of a candidate for the position. The bill would prescribe the powers and duties of jail administrators. The bill would provide that the sheriff retains specified authority with respect to the jail administrator, including the authority to remove the jail administrator, as specified. The bill would also revise the provision requiring the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the incarcerated persons to state that the provision does not apply in counties that have appointed a jail administrator pursuant to the authority described above. The bill would also specify that "sheriff" includes a jail administrator for the purposes of requirements and duties imposed on sheriffs for the keeping of jails, as specified.

Existing law makes it a crime to intentionally disturb or disquiet an assemblage of people met for religious worship by profane discourse, rude or indecent behavior, or by any unnecessary noise. Existing law makes a violation of this crime a misdemeanor punishable by a fine not exceeding $1,000, by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. This bill would additionally make a violation of the above-described crime a felony punishable by a fine not exceeding $5,000, by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment. By making an existing crime punishable as either a misdemeanor or a felony, 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 requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel. This bill, the Domestic Violence Offender Registration Act, would require the department, upon an appropriation by the Legislature, to create a database for the purpose of storing and sharing information with local agencies and the court, regarding persons convicted of a registrable offense, as defined. The bill would also require the department to publish that information on its internet website, as specified. The bill would require the offender, as defined, to register, for up to 20 years, certain information including their place of birth and current address with the law enforcement agency having jurisdiction over their residence, as specified. The bill would create a petition process for an offender to seek removal from the registry before having completed the applicable term if they demonstrate rehabilitation and no new qualifying offenses, or they demonstrate exoneration, as specified. The bill would require the court to notify the department of certain petition-related events, including when a petition for termination from the registry is granted, denied, or summarily denied. The bill would require local agencies and the court to create a database for the purpose of storing information received from offenders pursuant to these provisions. The bill would create both civil and criminal penalties for the misuse of information disclosed pursuant to these provisions, including, if a person uses that information to commit a felony, a 5-year prison sentence in addition to and consecutive to any other punishment. The bill would also make an offender's failure to comply with registration requirements a misdemeanor, punishable by imprisonment in the county jail for up to one year. By increasing the duties on local agencies and creating new crimes, the bill would impose a state-mandated local program. The bill would declare its provisions to be severable. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, anyone who personally uses a firearm in the commission of a specified felony offense shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or by 20 years if they discharge the firearm, or by imprisonment for 25 years to life if they discharge the firearm and proximately causes great bodily harm. Existing law prohibits the application of these firearm enhancements to the lawful use or discharge of a firearm by a peace officer, under specified circumstances, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property. This bill would, notwithstanding the exemption above, prohibit the application of these firearm enhancements to a peace officer, as defined, unless the use or discharge of the firearm did not arise out of and was not in the course of employment. The bill would place the burden of proving by a preponderance of the evidence on the prosecution that the firearm enhancements apply to a peace officer. The bill would define "arise out of and in the course of employment" for these purposes. By placing the burden of proof on, and thus imposing a new duty on, local prosecutors, the bill would create a state-mandated local program. The bill would make a technical, nonsubstantive change. 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 Secretary of the Department of Corrections and Rehabilitation to evaluate a person who is newly committed to a state prison and classify incarcerated persons based on the evaluations, and, when reasonable, assign or reassign an incarcerated person to the institution of the appropriate security level and gender population nearest the incarcerated person's home, unless other classification factors make that placement unreasonable. This bill would require the department to contract with an independent research entity to conduct a study to reassess the entire security classification system, as specified. The bill would require the study to contain policy recommendations to enhance the effectiveness of the classification system, as specified. The bill would require the selected research entity to perform the study according to specified criteria, including, among others, that the entity is governed by the University of California Board of Regents and has demonstrated expertise on Department of Corrections and Rehabilitation policy and data. The bill would require the report to be published on or before January 1, 2030, and would repeal the provisions as of January 1, 2031.

Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in injury, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison, or in a county jail for not more than one year, or by a specified fine, or both the imprisonment and fine. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law requires a person who flees the scene of the crime after committing specified vehicle manslaughter while intoxicated or vehicle manslaughter to be punished for an additional term of imprisonment of 5 years in the state prison, upon conviction, and in addition and consecutive to the punishment prescribed. This bill would instead require a person who violates the requirement to stop to be subject to punishment by imprisonment in the state prison for 3, 4, or 5 years, or in a county jail for not less than 90 days nor more than one year, and by a specified fine, if the vehicle accident results in death.

Existing law imposes various fees, contingent upon a criminal arrest, prosecution, or conviction, for the cost of administering the criminal justice system, including traffic violator school fees, costs for when a minor is adjudged a ward of the court, as specified, or costs incurred by a state or local agency for the disposal of various substances if the person is convicted of the sale, possession, or transportation of a controlled substance, as specified. This bill would repeal the authority to collect many of those fees, among others. The bill would make the unpaid balance of most court-imposed costs unenforceable and uncollectible and would require any portion of a judgment imposed by those costs to be vacated. The bill would relieve a person who is sentenced to state prison or confined in a county jail from being required to pay any trial court filing fees or costs related to the person's underlying criminal conviction. The bill would make related findings and declarations. The bill would also make various conforming changes.

Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. This bill would authorize those orders to be valid for up to 10 years, or one year after the person's release from the state prison or a county jail, whichever is later. Existing law authorizes a protective order restraining a person convicted of the crime of battery of specified persons, including a spouse or former spouse, to be valid for up to 15 years. The bill would authorize those orders to be valid for up to 15 years, or one year after the person's release from the state prison or a county jail, whichever is later. By extending the duration of protective orders, a violation of which is punishable as a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 136.2 of the Penal Code proposed by SB 1395 and AB 2261, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. 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.