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 human trafficking, defined as, among other things, violating the personal liberty of another person with the intent to engage in specified sex offenses. Existing law prohibits pimping, defined as deriving support from the earnings of another person's prostitution, and pandering, defined as procuring another for purposes of prostitution or persuading someone to become a prostitute. This bill would, in any prosecution for a violation of those crimes in which the victim was a minor, prohibit any plea agreement, nonprosecution agreement, immunity agreement, anonymity, or other disposition from granting immunity to any person other than the defendant unless that person is specifically named in the written agreement, and the agreement is approved by the court after a hearing in which victims are given notice and an opportunity to be heard. By increasing duties on local prosecutors, 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 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.
Existing law makes it a felony to knowingly procure or offer a false or forged instrument to be filed, registered, or recorded in a public office in this state, which, if genuine, might be filed, registered, or recorded under any law of this state or the United States. After a person is convicted of that crime or a specified waiver is obtained, and upon written motion of the prosecuting agency, existing law requires the court to issue a written order that the false or forged instrument be adjudged void ab initio. Existing law prescribes procedures for a prosecuting agency to file that motion. The California Constitution provides for the right to truth in evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would authorize a defendant who is granted diversion to stipulate to the voiding of the false or forged instrument. The bill would authorize a court in those circumstances, upon a motion by the prosecution, to issue a written order that the false or forged instrument be adjudged void ab initio. The bill would, if the defendant withdraws from diversion or fails to complete the terms of diversion and criminal proceedings are reinstated, prohibit the stipulation from being used in connection with any civil or criminal proceeding without the defendant's consent. Because that prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.
Existing law generally authorizes the court to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, and in misdemeanor cases, for a period not to exceed one year. Existing law imposes various penalties for theft- or fraud-related crimes, including, among others, the abuse or neglect of an elder or dependent adult, mortgage fraud, or identity theft. This bill would authorize the court, upon a conviction of certain felony offenses related to, among other things, the purchase or sale of real property or the recording or attempted recording of a real estate instrument, if the court grants the defendant probation, to impose up to a one-year extension to the probationary term. The bill would create a process for the court to impose the one-year extension if the defendant is on formal probation by requiring the probation department to file a petition to the court to extend the probationary period and requiring the court to make a finding that additional time is necessary for programming. By increasing the period of probation, and increasing the duties on local officials, 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 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.
Existing law requires a probation department to request that the prosecuting attorney petition the committing court for an order directing that a person confined in a secure youth treatment facility remain subject to the control of the department at the time of discharge if the person confined is determined to be physically dangerous to the public because of the person's mental or physical condition, disorder, or other problem that causes the person to have serious difficulty controlling their dangerous behavior. Existing law establishes the process for the petition, probable cause hearing, trial, continued detention, and appeal pursuant to this provision. Under existing law, if an order for continued detention is made pursuant to these provisions, the probation department has continued control over the person, except as specified, and existing law requires the department to, within 2 years after the date of the order made by a juvenile court or after conviction in criminal proceedings, file a new application for continued detention if continued detention is deemed necessary. This bill would require, if a petition is filed pursuant to these provisions, that the person who is the subject of the petition remain in custody in a secure youth treatment facility until the conclusion of the proceedings. The bill would prohibit a probable cause hearing pursuant to these provisions from being continued, except upon a showing of good cause by the party requesting the continuance. The bill would also authorize the court to base the finding of probable cause on certain hearsay statements, as specified. The bill would require the person be brought to trial within 60 days from the probable cause determination, unless good cause to the contrary is shown, the person enters a waiver, or the person requests or consents to the setting of the trial date beyond the 60-day period. The bill would require the court, if the court or jury finds that the person has a mental condition or disorder, to determine a period of continued detention, as specified. The bill would require the department to file a new application within the specified time of an order for continued detention if the department deems continued detention pursuant to these provisions is necessary. The bill would specify that the discovery process for criminal proceedings applies to these provisions. To the extent that this bill would increase local duties relating to the confinement of persons in a secure youth treatment facility, 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 prohibits the state from seeking or obtaining a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. Existing law allows a defendant to establish a violation of these provisions under specified circumstances, including when a longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense and other specified conditions are met. This bill would instead compare the defendant to similarly situated individuals who have engaged in similar conduct, as specified. The bill would make these provisions apply to disparities in plea negotiating and diversion, among other things. Existing law authorizes a defendant in these cases to file a motion requesting disclosure to the defense of all evidence relevant to a potential violation of these provisions, as specified. This bill would additionally authorize a defendant to request any data that has been previously disclosed pursuant to those provisions in another criminal case, and require the court to grant that request, unless the data has no relevance to the current charges. The bill would also revise and recast definitions for these provisions.
