Existing law gives a judge discretion when deciding various matters in a criminal proceeding, including, among other things, issuing bail or releasing a defendant on their own recognizance, accepting a diversion or deferred entry of judgment agreement, and imposing sentences and granting probation. This bill would, when a court is exercising its discretion with regard to these matters, make a rebuttable presumption against detention and incarceration of a pregnant or postpartum defendant, as defined, if the defendant provides the court and district attorney with notice of the defendant's status as a pregnant or postpartum defendant at each applicable stage of the proceedings. The bill would require a court that decides to detain or incarcerate a defendant after this consideration to make specific findings on the record that the risk to public safety or any other factor the court is required to consider is substantial enough to outweigh the risk of incarceration, as specified. The bill would authorize a person who may be pregnant or postpartum and who is arrested or in custody in a county jail to request a pregnancy test upon or following admission to the county jail and would require the county jail to provide a pregnancy test upon request and allow the person to take the pregnancy test within 24 hours after the request. The bill would require a county jail to keep a record of specified information, including the total number of incarcerated pregnant people at that county jail. By imposing additional duties on county jails, this bill would impose a state-mandated local program. The bill would authorize a pregnant or postpartum defendant to request a stay of execution of their sentence by filing a written request to the court if the pregnant or postpartum defendant is detained or incarcerated in a county jail for any period of time through the end of the pregnancy or the postpartum period, except as specified. The bill would require the court to apply the rebuttable presumption above when considering whether to grant that stay of execution. The bill would authorize a court to order a stay of execution of the sentence for any period of time through the end of the pregnancy or the postpartum period. 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 provides the Department of Corrections and Rehabilitation with jurisdiction over the state prison, as specified. Existing law states that it is unlawful to use any cruel, corporal, or unusual punishment or to inflict any treatment or allow any lack of care that would injure or impair the health of a prisoner, inmate, or person confined. This bill would, upon appropriation by the Legislature, require the Department of Justice, in collaboration with the Department of Corrections and Rehabilitation and the Board of State and Community Corrections, to conduct a one-time comprehensive study on the use of solitary confinement in all detention facilities in California. The bill would require the study to include specified data about each instance of solitary confinement during the first 9 months of the year of 2026, including, among other data, the time and date solitary confinement began and ended, the facility in which it occurred, and the stated basis for the solitary confinement. The bill would require detention facilities to report the required data to the department. By increasing duties on local detention facilities, this bill would impose a state-mandated local program. The bill would require the Department of Justice to provide monthly data to the Legislature, and a final report to the Legislature and the Governor, by November 1, 2026, as specified. 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 court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law excludes a defendant from diversion for specified charged offenses, including, among others, murder, voluntary manslaughter, rape, or continuous sexual abuse of a child, as specified. This bill would expand those exclusions to prohibit a defendant from being placed into a diversion program if they are charged with child abuse and endangerment, inflicting cruel or inhuman corporal punishment on a child resulting in an injury, assault of a child under 8 years of age resulting in the death of the child, human trafficking, and any crime that causes great bodily injury, as specified.
(1) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act (the 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. Existing law, the Lanterman-Petris-Short Act, authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. Existing law requires the officer providing the conservatorship investigation, which may include a public guardian or a county mental health program, to investigate all available alternatives to conservatorship and to recommend conservatorship to the court only if no suitable alternatives are available. Existing law requires a conservatorship under these provisions to terminate after one year and specifies procedures if the conservator determines conservatorship is still required. This bill would authorize a conservator to, upon the termination of a conservatorship, request the court refer the conservatee to CARE court, as specified. (2) The act authorizes services and supports to be provided to adults who are currently experiencing a qualifying severe mental illness and who meet other specified criteria, including that the person is not clinically stabilized in ongoing voluntary treatment and is either unlikely to survive safely in the community without ongoing supervision and the person's condition is substantially deteriorating or the person is in need of services and supports to prevent a relapse or deterioration that would likely result in grave disability or serious harm to the person or others. This bill would authorize the court, beginning July 1, 2028, and if it dismisses a CARE petition because a respondent needs a higher level of services, to order the county to develop an exit plan for the respondent. The bill would require the State Department of Health Care Services, by July 1, 2028, to develop, with input from certain stakeholder groups, a CARE Act model exit plan that identifies appropriate services and ongoing monitoring of an individual with a petition dismissed because the individual needed a higher level of services. This bill would update the definition of a petitioner for the purposes of the act. (3) Existing law requires the Judicial Council to develop a mandatory form or forms to use to file a CARE process petition. Existing law requires the petition to be signed under the penalty of perjury and to contain specified information, including the petitioner's relationship to the respondent and either an affidavit of a licensed behavioral health professional stating the licensed behavioral health professional or their designee has examined or made multiple unsuccessful attempts to examine the respondent within 60 days of submission of the petition, or that the respondent was detained for a minimum of 2 intensive treatments pursuant to state law. This bill would extend the 60-day period for examination of the respondent to 120 days. The bill would also authorize a petition to include evidence that the respondent was either detained for a minimum of 2 involuntary holds in the last 120 days or that they were referred to a full service partnership program more than once, but was not enrolled due to inability or unwillingness to engage in the previous 120 days. (4) Existing law authorizes a court to terminate a respondent's participation in the CARE process if the court determines that the respondent is not participating in the CARE process or is not adhering to their CARE plan, as specified. Existing law authorizes the court to order an evaluation under the Lanterman-Petris-Short Act, as specified, to ensure the respondent's safety. Existing law requires the court to consider the respondent's failure to successfully complete their CARE plan and the reasons for that failure in a subsequent hearing under the Lanterman-Petris-Short Act, provided that the hearing occurs within 6 months of the termination of the CARE plan, and creates a presumption that the respondent needs additional intervention beyond the supports and services provided by the CARE plan. This bill would prohibit the court from terminating a respondent's participation in the CARE process solely due to a failure of the county or other local government entity to properly engage with the CARE process. (5) Existing law requires CARE Act proceedings to occur in person unless the court, in its discretion, allows a party or witness to appear remotely through the use of remote technology. Existing law authorizes the respondent to be in person for all hearings. This bill would instead authorize all parties and witnesses to appear remotely through the use of remotely technology. The bill would authorize the court with discretion to order a party or witness to appear in person if necessary. This bill would authorize the parties to agree to an alternative method of service for all subsequent reports and notices after the notice of initial appearance. This bill would require, by January 1, 2028, all counties to establish a process for electronic submission of CARE Act documents using a secured portal. By increasing the duties on county behavioral health agencies, the bill would create a state-mandated local program. (6) Existing law authorizes a provider of health care or a covered entity, as defined, to disclose to the county behavioral health agency any information, including protected health information, and mental health records excluding psychotherapy notes, in its possession about the respondent that is relevant to the county behavioral health agency's provision, coordination, or management or services or supports. Existing law specifies protections for this information and required procedures when such a disclosure is made. This bill would authorize a county behavioral health agency to disclose to a provider of health care or a covered entity any information, including protected health information, and mental health records, excluding psychotherapy notes, in its possession about the respondent that is relevant to the provider or entity's provision, coordination, or management of services and supports. The bill would also specify protections for this information and required procedures when such a disclosure is made. (7) Existing law requires the department to develop, in consultation with specified entities, an annual CARE Act report that includes specified information on CARE Act petitions, including the number of initial appearances, and information compiled from county behavioral health departments and courts. This bill would expand the information on CARE Act petitions to include the number of petitions submitted electronically as well as other specified information. The bill would also expand the data to be compiled from county behavioral health departments and courts to include the number of individuals who were enrolled in a Full Service Partnership program postreferral, among other things. The bill would also require the data collected from county behavioral health departments and courts to be collected for cases involving dismissed respondents, where available. (8) Existing law requires the California Health and Human Services Agency, or a designated department within the agency, to perform specified functions, including engaging an independent, research-based entity to advise on the development of data-driven process and outcome measures to guide the planning, collaboration, reporting, and evaluation of the CARE Act. This bill would require the agency to annually release a list of overperforming counties and shall annually provide written notice identifying areas of concern and opportunities for improvement to underperforming counties. This bill would also establish within the California Health and Human Services Agency the position of a CARE Court Ombudsperson, as specified. (9) 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.
The California Constitution makes a person convicted of a nonviolent felony offense and sentenced to state prison eligible for parole after completing the full term of their primary offense. The California Constitution gives the Department of Corrections and Rehabilitation authority to award credits for good behavior and approved rehabilitative or educational achievements. The California Constitution requires the department to adopt regulations for these purposes. This measure would repeal those provisions.
(1) Existing law establishes the Department of Corrections and Rehabilitation (department) and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined. This bill would require the department, by July 1, 2027, to establish policies and procedures that include circumstances under which a body-worn camera may be deactivated and would require the department to ensure that those policies and procedures reflect a minimum amount of time per shift that a body-worn camera be activated, and that the camera is activated when interacting with incarcerated persons. The bill would require the department to develop audit protocols to ensure compliance. The bill would require the department's policies and procedures to authorize deactivation of a body-worn camera during specified confidential interactions and would require staff to inform the subject the reason for the deactivation and to document the time of the deactivation, the reason for the deactivation, and the time of reactivation. This bill would require the department to adopt, and update regularly, a Prison Sexual Violence Elimination policy that would outline specified principles, including, among others, that the department maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, and conservation camps, and for all offenders under its jurisdiction. (2) Under existing law, a person sentenced to imprisonment in a state prison for a felony offense, as specified, may, during that period of confinement, be deprived only of those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners. This bill would, by January 1, 2028, require the department to develop and implement protocols for when an incarcerated person is subject to a nonroutine search or scan, including, among other things, obtaining approval from a supervising officer of rank sergeant or above before the search or scan, documenting specified information about the search or scan, and providing the incarcerated person with a written receipt or other documentation with this information. The bill would require the department, upon appropriation by the Legislature, to establish a pilot program at 3 institutions to evaluate the effectiveness of replacing unclothed body searches with scanning technology, as specified. (3) Existing law requires members of the department's Office of Internal Affairs to possess certification from the Commission on Peace Officer Standards and Training for investigators, except as specified. Existing law requires the department to conduct a complete and thorough background check prior to training a peace officer who is selected to conduct internal affairs investigations and requires each person to satisfactorily pass the background check. Existing law states that any person who has been the subject of a sustained, serious disciplinary action, as specified, shall not pass the background check. This bill would require an investigator to disclose an actual or potential conflict of interest they may have in an investigation in which they are participating. The bill would require the department to take appropriate action to remedy that conflict. The bill would require an investigator to recuse themselves from participating in an investigation or a decision related to an investigation if they have a conflict of interest involving a staff member with whom they have a personal relationship, as defined. (4) Existing law authorizes the secretary of the department to prescribe and amend rules and regulations for the administration of prisons. Under existing law, the State Civil Service Act, certain acts, including convictions of certain crimes, are cause for discipline of a state employee or of a person whose name appears on an employment list. This bill would prohibit the department from appointing a person to a position that may involve any contact with incarcerated persons, or engaging a contractor for services that may involve contact with incarcerated persons, if the department obtains information that substantiated allegations of sexual abuse in the course of their employment have been reported against them, as specified. The bill would prohibit the department from appointing any person to a position that may involve contact with incarcerated persons, or engaging a contractor for services that may involve contact with incarcerated persons, if the department learns that the person or contractor has been convicted of certain offenses, including felony domestic battery and specified sex offenses, among others. The bill would also prohibit the department from appointing any person to a position that may involve contact with incarcerated persons, or engaging a contractor for any services, if it obtains information that the person or contractor has been civilly or administratively adjudicated to have engaged in that conduct. The bill would require the department to make best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse, among other things. The bill would require the department to conduct criminal background checks every 5 years of existing employees or implement a system to otherwise capture that information. (5) Existing law makes it a misdemeanor for an employee or officer of a public entity health facility, or an employee, officer, or agent of a private person or entity that provides a health facility or staff for a health facility under contract with a public entity, to engage in sexual activity with a consenting adult who is confined in a health facility. Existing law additionally makes it a misdemeanor for specified individuals, including an employee or officer of a public entity detention facility or an employee with a department, board, or authority under the department, to engage in sexual activity with a consenting adult who is confined in a detention facility or who is an inmate, ward, or parolee, as specified. Existing law makes it a felony for any subsequent violations for a person who was previously convicted of these violations. Existing law requires a person convicted of a felony violation of the above-described provisions who is employed by a department, board, or authority within the department to be terminated, as specified, and prohibits that person from being eligible to be hired or reinstated by the department. Existing law requires administrators to report criminal sexual abuse by staff to law enforcement authorities. This bill would instead require that a person convicted of any violation of these provisions be terminated and prohibited from being reinstated by the department. The bill would also require that a person convicted of any violation of these provisions who is employed by a public entity health facility be terminated and made ineligible to be hired or reinstated by a public entity health facility. This bill would require administrators to report any known or suspected sexual abuse by staff to a local law enforcement agency. (6) Existing law establishes the Office of the Inspector General that is responsible for, among other things, contemporaneous public oversight of internal affairs investigations and staff grievance inquiries conducted by the department's Office of Internal Affairs. Existing law requires the Office of the Inspector General to have investigatory authority over all staff misconduct cases that involve sexual misconduct with an incarcerated person, as specified. This bill would authorize an incarcerated person to file an anonymous grievance relating to an allegation of sexual misconduct directly to the Office of the Inspector General, and would authorize the Inspector General to review any grievance filed from an incarcerated person, whether or not that grievance had been previously filed with the institution or hiring authority where the grievance occurred. (7) Existing regulations establish a grievance procedure for individuals in the custody of, or under the supervision of, the department. Under those regulations, a claimant is required to submit a grievance no later than 60 calendar days after discovering an adverse policy, decision, action, condition, or omission by the department. This bill would extend that time period to 120 calendar days.
Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate. This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of their release for a 3rd time and the person has committed a new felony or misdemeanor. By imposing additional duties on county agencies administering postrelease community supervision, 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, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under existing law, a person is eligible for automatic conviction record relief if the person meets certain requirements, including that it does not appear, based upon information available in the Department of Justice's record, that the person is currently serving a sentence of an offense and there is no indication of pending criminal charges. This bill would require, in determining whether there is a pending criminal charge based on the department's records, the department to conclude that there is no indication of pending criminal charges if at least 3 years have elapsed with no new activity related to that record. Existing law, subject to an appropriation, on a monthly basis, requires the department to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases for which a complaint was filed and for which relief was granted pursuant to the provisions above. Existing law, for any certain record retained by the court, prohibits the court from disclosing information concerning a conviction granted relief pursuant to specified provisions, including the above provisions, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. This bill would require local summary criminal history information provided by the court to any recipient to include notes for any entries for which relief has been granted indicating that relief has been granted pursuant to the above provisions and listing the date the court received notice from the department. The bill would require this note to be included in all local criminal databases maintained by the court. This bill would also require a court, upon the request of the subject of a record granted relief, to furnish a certificate of disposition confirming the court's receipt of notification and compliance with a grant of relief for a specified record granted relief under the above provisions. By placing additional duties on court staff, this bill would create 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 Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs. Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments. This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims' families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, until January 1, 2028, would require the program to submit an annual report to both houses of the Legislature containing, among other things, data on the number of and facts about cases involving missing and murdered indigenous persons in California.
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 arrested for or convicted of an eligible offense, as defined, before the person was 26 years of age to petition the court to have their records of that conviction or arrest sealed and destroyed if 4 years have elapsed since the date on which the person was arrested or 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 and destroy 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, a sex offense, or an offense that may be plead and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction. 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.
