California Bail Industry Under Attack SB 1023

SB 1023
Version:Enrolled
Author: Committee on Budget and Fiscal Review

SENATE BILL No. 1023

 

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INTRODUCED BY Committee on Budget and Fiscal Review

 

============================================================================== PASSED THE SENATE JUNE 27,

 

2012 PASSED THE ASSEMBLY JUNE 27, 2012 AMENDED IN ASSEMBLY JUNE 25, 2012

 

FEBRUARY 6, 2012

 

CHAPTER _____

 

An act to amend Sections 29550, 29552, 30061, 30062, 30063, and 30070 of, and to repeal Sections 29553, 30064, 30065, and 30071 of,

 

the Government Code, to amend Section 11353.7 of the Health and Safety Code, to amend Sections 186.9, 288.2, 296.1, 417.6, 476a,

 

647.6, 653f, 667.5, 669, 802, 830.5, 836.6, 1170, 1203.018, 1203.2, 1203.3, 1203.9, 3000, 3000.03, 3000.08, 3000.09, 3000.1, 3001,

 

3004, 3041.1, 3053.2, 3053.4, 3056, 3059, 3060.5, 3060.6, 3067, 3452, 3453, 3455, 4024.1, 4115.55, 4536, 7510, 7519, 7520, 7521,

 

11105, 12022.1, 13300, 13821, 13826.1, 13826.15, 13826.2, 13826.3, 13826.4, 13826.5, 13826.6, 13826.62, 13848.2, 13848.4, 14171,

 

14173, 14181, 19100, 19200, 20110, 20310, 20410, 20510, 20610, 20710, 20910, 21110, 21310, 21810, 22010, 22210, 22410, 24310,

 

24410, 24510, 24610, 24710, 30210, 31360, 31500, 32310, 32900, 33215, and 33600 of, to amend, repeal, and add Section 3060.7 of, to

 

add Sections 19.9 and 3456.5 to, and to repeal Sections 13848.6, 13887.5, 14175, and 14183 of, the Penal Code, to amend Section

 

2800.4 of the Vehicle Code, and to amend Sections 10980, 18220, and 18220.1 of the Welfare and Institutions Code, relating to public

 

safety, and making an appropriation therefor, to take effect immediately, bill related to the budget.

 

LEGISLATIVE COUNSEL’S DIGEST

 

SB 1023, Committee on Budget and Fiscal Review. Public safety: realignment.

 

(1) Existing law, for purposes of the crime of money laundering, defines criminal activity to mean a criminal offense punishable by the laws

 

of the state by death or imprisonment in the state prison.

 

This bill would include in the definition of criminal activity a criminal offense punishable by imprisonment in county jail for more than one

 

year. By changing the definition of a crime, this bill would impose a state-mandated local program.

 

(2) Existing law defines a felony as a crime that is punishable by death, imprisonment in the state prison, or imprisonment in a county jail

 

for more than one year. Existing law also provides exceptions to imprisonment in a county jail for a variety of felonies, including serious or

 

violent felonies and any felony for which registration as a sex offender is required, among other exceptions. Under existing law, when a

 

court commits a person to county jail for a felony, the court has the option of committing that person for the full term of his or her sentence

 

or suspending execution of a concluding portion of the term, during which time the defendant shall be supervised by the county probation

 

officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation. Existing law provides

 

for the revocation of probation, as specified.

 

This bill would define mandatory supervision as the portion of the term that a defendant serves under supervision in compliance with the

 

above provision. The bill would, for those crimes defined as serious or violent crimes or crimes for which registration as a sex offender is

 

required, specify that the sentence is to be served in state prison.

 

The bill would require the revocation or modification of mandatory supervision to be made pursuant to provisions of existing law providing

 

for the revocation of probation as well as make the provisions for the revocation of probation applicable to the revocation of postrelease

 

community supervision and parole. The bill would make related conforming changes.

 

(3) Existing law establishes a program of postrelease community supervision for certain persons who are released from prison or whose

 

sentence has been deemed served after serving a prison term for a felony. Existing law requires that these persons enter into a

 

postrelease community supervision agreement as a condition of their release. Existing law includes specified provisions relating to a

 

person who is on parole or probation, including HIV testing and release of summary criminal history information to the attorney

 

representing the person.

 

This bill would include a person who is subject to mandatory supervision or postrelease community supervision in specified provisions

 

applicable to persons on parole and probation. The bill would require a person who is eligible for postrelease community supervision to be

 

given notice that they are subject to postrelease community supervision prior to release and would remove the requirement for the person

 

to enter into a postrelease community supervision agreement.

 

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(4) Existing law requires prisoners on parole to remain under the supervision of the Department of Corrections and Rehabilitation but

prohibits them from being returned to prison except under specified circumstances.

This bill would authorize a parolee awaiting parole revocation processing to be housed in a county jail in the county where he or she was

arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail, in a county with which the arresting

county has contracted while awaiting revocation proceedings or to be placed in an alternative custody program under the sole jurisdiction

of the county. The bill would also authorize the housing of a juvenile who is awaiting parole revocation in a facility of the Division of Juvenile

Facilities.

(5) Under existing law, when a person is convicted of 2 or more crimes, the 2nd or subsequent judgment upon which sentence is ordered

to be executed is required to direct whether the terms of imprisonment run concurrently or consecutively.

This bill would require, whenever a court imposes a concurrent term of imprisonment in the state prison for any one crime, the terms for all

other crimes for which the person is convicted be served in state prison.

(6) Existing law, as amended by Proposition 69, approved by the voters at the November 2, 2004, statewide general election, subjects

certain offenders to the collection of buccal swab samples, right thumbprints, a full palm print impression of each hand, and blood

specimens or other biological samples for law enforcement identification analysis. Existing law requires these samples to be collected from

any person on probation, parole, or other release, including any juvenile, who has a record of any past or present conviction for specified

offenses and who is on probation or parole for any felony or misdemeanor offense, provided certain specified qualifications are met.

Proposition 69 may be amended by a statute that is passed by each house of the Legislature and signed by the Governor, if the

amendments further the purpose of the proposition and enhance the use of DNA identification evidence, for the purposes of accurate and

expeditious crime-solving and exonerating the innocent.

This bill would include, in addition to offenders on probation or parole, any person, including a juvenile, who meets the above criteria and

who is on postrelease community supervision or mandatory supervision.

Because this bill would impose additional duties on local agencies to collect these samples, this bill would impose a state-mandated local

program.

(7) Existing law requires incarceration in a county jail for certain specified felonies, and authorizes the court, when imposing a felony

sentence to be served in county jail, to commit the defendant to a full term in custody, or, in the court’s discretion, to suspend execution of

a concluding portion of the term during which the defendant is supervised by the county probation officer for the remaining unserved

portion of the sentence. Existing law provides that this period of supervision shall be mandatory, and may not be earlier terminated by the

court. Existing law provides that a suspended sentence imposed pursuant to these provisions qualifies as a prior county jail term for

purposes of imposing a one-year sentence enhancement when the term is suspended by the court to allow postrelease supervision.

This bill would clarify this provision as imposing the one-year sentence enhancement because of a prior term that was suspended by the

court to allow for mandatory supervision rather than postrelease supervision.

(8) Existing law provides that during the period when a defendant is under mandatory supervision that the defendant is entitled only to

actual time credit against the term of imprisonment imposed by the court.

This bill would specify that any time period which is suspended because a person has absconded would not be credited toward the period

of supervision.

(9) Except as provided, existing law requires that prosecution for an offense punishable in state prison or in a county jail for more than one

year be commenced within 3 years of the offense.

This bill would make a conforming change by clarifying that prosecution for an offense not punishable by imprisonment in a county jail for a

felony conviction shall be commenced within one year after the commission of the offense.

(10) Existing law provides for the punishment of certain felonies by imprisonment in a county jail for a term exceeding one year. This bill

would make clarifying changes providing for the punishment of specified felonies in a county jail.

(11) Existing law allows the supervisors of any county to authorize an electronic monitoring program for inmates being held in lieu of bail in

a county jail, provided that the inmate has no holds or outstanding warrants and has either been held in custody for at least 30 calendar

days from the date of arraignment pending disposition of only misdemeanor charges, or has been held in custody pending disposition of

charges for at least 60 calendar days from the date of arraignment.

This bill would additionally allow an inmate to qualify for participation in the electronic monitoring program if the inmate is appropriate for

the program based on a determination by the correctional administrator that the inmate’s participation would be consistent with the public

safety interests of the community.

(12) Existing law requires that any parolee who was paroled from state prison prior to October 1, 2011, upon completion of a revocation

term on or after November 1, 2011, to either remain under parole supervision of the Department of Corrections and Rehabilitation or be

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placed on postrelease community supervision.

This bill would require that any person on postrelease community supervision after serving a term for a parole revocation pursuant to these

provisions serve a period of postrelease supervision that is no longer than the time period for which the person would have served if the

person had remained on parole.

(13) Except as provided, existing law provides that a parolee may be housed in a county jail for a maximum of 180 days upon revocation of

parole. Existing law also provides for sanctions or revocation of postrelease community supervision, and provides that confinement

following these actions shall not exceed a period of 180 days in county jail.

This bill would clarify that the maximum 180 days in county jail for a parole revocation or postrelease community supervision sanction or

revocation applies per parole revocation or for each custodial sanction.

(14) Existing law provides for postrelease community supervision for all persons released from prison on and after October 1, 2011, who

did not serve a prison term for a violent or serious felony, or a crime where the person was classified as a High Risk Sex Offender, among

others.

This bill would provide that the local supervising agency for purposes of postrelease community supervision, in coordination with the sheriff

or local correction administrator, may require any person released onto postrelease community supervision to report to a supervising agent

or designated local supervising agency within 2 days of release from the county jail. The bill would specify that this provision does not

prohibit the local supervising agency from requiring the person to report to his or her assigned supervising agent within a time period that is

less than 2 days from the time of release. The bill would provide that the sheriff or local correctional administrator may release an inmate

sentenced prior to the effective date of the act adding these provisions one or 2 days before his or her scheduled release date if the

inmate’s release date falls on the day before a holiday or weekend.

(15) Existing law provides, if authorized by a court as specified, that when the actual inmate count exceeds the actual bed capacity of a

county or city jail, that the person responsible for the jail may accelerate the release of sentenced inmates up to a maximum of 5 days.

This would allow for the acceleration of release up to a maximum of 30 days.

(16) Various provisions of existing law provide for the testing of persons in the criminal justice system for HIV and provides procedures

regarding exposure to bodily fluids. Existing law applies these provisions to persons on parole or probation.

This bill would also make these provisions applicable to persons on mandatory supervision or postrelease community supervision.

Because this bill would impose additional duties on local agencies in regard to testing for HIV for persons on mandatory supervision and

postrelease community supervision, the bill would impose a state-mandated local program.

(17) Existing law requires the Department of Justice to maintain state summary criminal history information and to make it available to a

public defender or attorney of record when representing a person in a criminal case or a parole revocation or revocation extension hearing.

This bill would require the Department of Justice to make the state summary criminal history information available to the public defender or

attorney of record when representing someone in a postrelease community supervision or mandatory supervision revocation or revocation

extension proceeding.

(18) Existing law requires a local agency to furnish local summary criminal history information to a public defender or attorney of record

when representing a person in a criminal case and when authorized access by statutory or decisional law.

This bill would additionally require the local agency to furnish the local summary criminal history information to a public defender or attorney

of record when representing a person in a parole, postrelease community supervision, or mandatory supervision revocation or revocation

extension proceeding.

By imposing new duties on local agencies, this bill would impose a state-mandated local program.

(19) Existing law authorizes each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare to develop

within its respective jurisdiction a Central Valley Rural Crime Prevention Program, to be administered by the county district attorney’s office

of each respective county under a joint powers agreement with the corresponding county sheriff’s office, as provided. Existing law makes

these provisions inoperative on July 1, 2012, and repeals these provisions January 1, 2013.

Existing law authorizes the Counties of Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and San Benito to each develop within

their respective jurisdictions a Central Coast Rural Crime Prevention Program, to be administered by the county district attorney’s office of

each respective county under a joint powers agreement with the corresponding county sheriff’s office, as provided. Existing law makes

these provisions inoperative on July 1, 2013, and repeals these provisions January 1, 2014.

This bill would delete the provisions repealing the authorization for these programs, thereby making the programs operative indefinitely.

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(20) Existing law authorizes a county to impose a fee, not to exceed 1/2 of the actual administrative costs, upon a city, special district,

school district, community college district, college, or university for reimbursement of county expenses incurred with respect to the

processing of persons arrested by an employee of the city, special district, school district, community college district, college, or university

when the arrestee is brought to the county jail for booking or detention. Existing law requires the county to adopt any increase in this fee

prior to the beginning of its fiscal year and only after 45 days’ written notice to the affected entities of a public meeting on the fee increase

and the holding of the public meeting.

This bill would no longer limit fee increases to the beginning of a fiscal year and would remove the notice and public meeting requirements

for the county.

(21) Under existing law, cities and counties that charge fees to a city, special district, school district, community college district, college, or

university as specified above, are authorized to apply to the Controller to receive funding that is equal to the fee revenue received by the

city or county during the 2006-07 fiscal year, to the extent funding is appropriated, or proportional to other entities if funding is insufficient.

Existing law, commencing with the 2009-10 fiscal year, funds these payments from the Local Safety and Protection Account in the

Transportation Tax Fund and, commencing with the 2011-12 fiscal year, funds the payments with a $35,000,000 appropriation from the

Local Law Enforcement Services Account in the Local Revenue Fund 2011.

This bill would, commencing with the 2012-13 fiscal year, allocate funds as specified from the Enhancing Law Enforcement Activities

Subaccount. The bill would appropriate, for the 2012-13 fiscal year and beyond, moneys that previously came from the Local Law

Enforcement Services Account from the Enhancing Law Enforcement Activities Subaccount.

(22) Existing law requires each county to establish in the county treasury a Supplemental Law Enforcement Services Account (SLESA) for

the receipt and allocation of funds for specified local law enforcement purposes, including jail construction and operation, criminal

prosecution, and juvenile justice plans. Under existing law, funds that are unspent or which were allocated to an entity that did not qualify

for receipt of the funds are required to be returned to the originating account. Existing law requires each county to establish a Supplemental

Law Enforcement Oversight Committee (SLEOC) to determine whether the recipient entities have expended moneys received from the

SLESA appropriately. Existing law requires city and county auditors and treasurers to submit specified information on the allocations from

the SLESA and to the SLEOC and requires a summary of the reports to be submitted to the Controller and other entities by each SLEOC.

This bill would make specified changes in the procedures by which counties and other local entities distribute the funds placed in the

SLESA, including removing the requirement for each county to have a SLEOC and would remove the above reporting requirements for

cities and counties expending SLESA moneys. The bill would also, for the 2012-13 fiscal year, appropriate 21.86% of the Enhancing Law

Enforcement Activities Subaccount in the Local Revenue Fund 2011 for adult programs funded by the county SLESA funds and 21.86% to

fund juvenile justice plans funded through the SLESA. The bill would remove the requirement for counties or other local entities eligible for

these funds to return unspent funds or funds for which the entity did not qualify in the fiscal year. The bill would also make conforming

changes.

(23) Existing law appropriates 12.68% of the Local Safety Protection Account in the Transportation Fund to the California Emergency

Management Agency (CalEMA). Additionally, for the 2011-12 fiscal year, existing law requires the allocation of 9% of the Local Law

Enforcement Services Account to the CalEMA for use as specified, including, but not limited to, the California Multi-Jurisdictional

Methamphetamine Enforcement Teams, Multi-Agency Gang Enforcement Consortium, and the Sexual Assault Felony Enforcement

Teams.

This bill would, commencing with the 2012-13 fiscal year, allocate 8.35% of the Enhancing Law Enforcement Activities Subaccount for use

by the specified programs described above.

(24) Existing law establishes in the Board of State and Community Corrections, the Gang Violence Suppression Program to provide

technical and financial assistance for district attorney’s offices, local law enforcement agencies, county probation departments, school

districts, county offices of education, or community-based organizations that are primarily engaged in the suppression of gang violence.

Funds awarded pursuant to this program are not to supplant local funds that would ordinarily fund the activities. Existing law sets forth

guidelines and criteria for funding gang suppression programs.

This bill would remove the priority guidelines for funding gang suppression programs and would make the conditions for participation

voluntary instead of mandatory.

(25) Existing law establishes in the CalEMA a program of financial aid and technical assistance for law enforcement and district attorneys’

offices, designated as the High Technology Theft Apprehension and Prosecution Program. Moneys appropriated to this program are

required to be spent to fund programs that expand the capacity of local law enforcement and prosecutors to deter, investigate, and

prosecute high-technology-related crimes. Existing law provides that up to 10% of the funds appropriated to the program may be used for

developing and maintaining a statewide database on high technology crime, as provided, and that the Secretary of California Emergency

Management may allocate and award up to 5% of the funds to be made available to public agencies or private nonprofit organizations for

the purposes of establishing statewide programs relating to deterring, investigating, and prosecuting high technology crimes.

Existing law establishes the High Technology Crime Advisory Committee for the purpose of formulating a comprehensive written strategy

for addressing high-technology crime in the state and advising the CalEMA on distribution of funds to regional task forces pursuant to the

High Technology Theft Apprehension and Prosecution Program.

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This bill would dissolve the High Technology Crime Advisory Committee and remove the High Technology Theft Apprehension and

Prosecution Program from the CalEMA. This bill would remove the 10% limitation on the use of the funds for the statewide database on

high technology crime and the 5% limitation on the use of funds for the establishment of statewide programs relating to high technology

crimes and would specify funds to be allocated to the Department of Justice and the California District Attorneys Association that may be

used to fund these programs, as specified.

(26) Existing law authorizes the establishment of the Central Valley Rural Crime Prevention Program and the Central Coast Rural Crime

Prevention Program, until July 1, 2012, and July 1, 2013, respectively, administered by the county district attorney’s office of each county

under a joint powers agreement with the corresponding sheriff’s office. Existing law requires the parties to the agreement to form a joint

task force that includes specified parties, including the county district attorney, the county sheriff, and interested property owner groups or

associations. Existing law prescribes requirements for the program implementation by the counties.

This bill would extend the above programs indefinitely, would authorize the county sheriff’s department to administer the program, and

would make the specific provisions of the rural crime prevention programs voluntary instead of mandatory.

(27) Existing law appropriates 30.19% of the Local Safety and Protection Account in the Transportation Fund to serve children who are

habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of the probation

department. Existing law, for the 2011-12 fiscal year, appropriates 33.38% of the Local Law Enforcement Services Account for this

purpose.

This bill would appropriate, commencing with the 2012-13 fiscal year, 30.99% of the Enhancing Law Enforcement Activities Subaccount to

serve children who are habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of

the probation department, as prescribed.

(28) Existing law appropriates 6.47% of the Local Law Enforcement Services Account among counties that operate juvenile camps and

ranches, based on the number of beds in each camp.

This bill, commencing with the 2012-13 fiscal year, would appropriate 6.01% of the funds in the Enhancing Law Enforcement Activities

Subaccount for this purpose.

(29) Existing law makes it a crime to carry an explosive substance, other than fixed ammunition, concealed on the person, or to

manufacture, import, provide, or possess any metal military practice handgrenade or metal replica handgrenade, air gauge knife, belt

buckle knife, cane sword, lipstick case knife, shobi-zue, writing pen knife, ballistic knife, dirk, dagger, metal knuckles, nanchaku, leaded

cane, shuriken, camouflaging firearm container, cane gun, firearm not immediately recognizable as a firearm, undetectable firearm, wallet

gun, ammunition containing or consisting of any flechette dart, bullet containing or carrying an explosive agent, unconventional pistol, large

-capacity magazine, multiburst trigger activator, short-barreled rifle, short-barreled shotgun, or zip gun. Under existing law these crimes are

punishable either as misdemeanors punishable by imprisonment in a county jail not exceeding one year or as felonies punishable by

imprisonment in the state prison for 16 months, or 2 or 3 years.

This bill would instead make these crimes punishable as misdemeanors by imprisonment in a county jail not exceeding one year, or as

felonies punishable in a county jail for 16 months, or 2 or 3 years. By imposing additional incarceration costs on local agencies, this bill

would impose a state-mandated local program.

(30) Existing law requires that for certain specified offenders, including offenders convicted of a serious or violent felony, and persons

classified as a High Risk Sex Offender, among others, the period of parole shall not exceed five years in the case of any inmate imprisoned

for any offense other than first or second degree murder for which the inmate received a life sentence, and shall not exceed 3 years in the

case of any other inmate, unless the Board of Parole Hearings for good cause waives parole and discharges the inmate from custody of

the department. Existing law requires that at the expiration of a term of imprisonment of one year and one day, or at the expiration of a

determinate sentence, the inmate shall be released on parole for a period not exceeding 3 years, except that any inmate sentenced for

certain specified serious felonies shall be released on parole for a period not exceeding 10 years. Existing law provides that the sole

authority to issue warrants for the return to actual custody of any state prisoner released on parole rests with the Board of Parole Hearings.

This bill would make these provisions applicable to any inmate described above who is sentenced for a crime committed prior to July 1,

2013. On and after July 1, 2013, the bill would provide that the period of parole shall be imposed as specified unless waived by the

Department of Corrections and Rehabilitation. The bill would require, for a crime committed on or after July 1, 2013, that at the expiration of

a term of imprisonment of one year and one day, or for a determinate sentence, the inmate would be released on parole for a period of 3

years, except that any inmate sentenced for specified serious felonies would be released on parole for a period of 10 years.

The bill would require the department to consider the request of an inmate whose commitment offense occurred on or after July 1, 2013,

regarding the length of his or her parole and the conditions thereof, except that for persons sentenced to life would be considered by the

Board of Parole Hearings. The bill would provide that on or after July 1, 2013, the sole authority to issue warrants for the return to actual

custody of any state prisoner released on parole would rest with a court pursuant to provisions providing for the revocation of probation.

The bill would require that a person released from prison prior to or on or after July 1, 2013, after serving a prison term, or whose sentence

was deemed served after earning credits, for a serious or violent felony, or for a crime for which the person is classified as a High Risk Sex

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Offender, among other crimes, who is eligible for release on parole for a period of 3 years or 10 years pursuant to the above provisions,

who is required to register as a sex offender pursuant to the Sex Offender Registration Act or who was imprisoned for committing a serious

felony, who has been released from state prison, and who has been on parole continuously for one year since release from confinement, to

be discharged from parole within 30 days, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole

Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained. The bill would

require the department to submit recommendations to the Board of Parole Hearings for any person described in these provisions who has

been released from state prison from October 1, 2010, to the effective date of this bill, and who has been on parole continuously for one

year since his or her release from confinement. The bill would require that a person who meets this criteria who is not retained on parole by

the Board of Parole Hearings by the 91st day after the effective date of this bill to be discharged from parole.

(31) Existing law requires the parole authority to revoke the parole of any prisoner who refuses to sign a parole agreement setting forth the

general and any special conditions applicable to the parole, among other things. Existing law prohibits the Department of Corrections and

Rehabilitation from returning prison, placing a parole hold on, or reporting a parole violation regarding any person to whom specified criteria

apply, including that the person did not refuse to sign the written notification of parole requirements and conditions.

This bill would remove the requirement that the prisoner sign a parole agreement. The bill would instead require that the inmate be given

notice that he or she is subject to terms and conditions of his or her release from prison. The bill would require the notice to include the

person’s release date and maximum period the person may be subject to supervision, and advisement that if the person violates any laws

or conditions of his or her release that he or she may be incarcerated, as provided, and an advisement that he or she is subject to search

or seizure by a probation or parole officer or other peace officer at any time day or night, with or without a search warrant or with or without

cause.

(32) Existing law provides that the Governor may request review of any decision by a parole authority concerning the grant or denial of

parole to any inmate in a state prison, and requires a randomly selected committee comprised of 9 commissioners specifically appointed to

hear adult parole matters to review the parole decision.

This bill would instead require the Governor’s request to be reviewed by a majority of the commissioners.

(33) 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.

(34) This bill would appropriate $1,000 from the General Fund to the Department of Corrections and Rehabilitation for the purpose of

administration.

(35) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Appropriation: yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. This act is entitled and may be cited as 2011 Realignment Legislation.

SEC. 2. The Legislature finds and declares all of the following:

(a) It is the intent of the Legislature in enacting this act to provide for a uniform supervision revocation process for petitions to revoke

probation, mandatory supervision, postrelease community supervision, and parole.

(b) By amending subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, subdivision (f) of Section 3000.08, and subdivision

(a) of Section 3455 of the Penal Code to apply to probation revocation procedures under Section 1203.2 of the Penal Code, it is the intent

of the Legislature that these amendments simultaneously incorporate the procedural due process protections held to apply to probation

revocation procedures under Morrissey v. Brewer (1972) 408 U.S. 471, and People v. Vickers (1972) 8 Cal.3d 451, and their progeny.

SEC. 3. Section 29550 of the Government Code is amended to read:

29550. (a) (1) Subject to subdivision (d) of Section 29551, a county may impose a fee upon a city, special district, school district,

community college district, college, or university for reimbursement of county expenses incurred with respect to the booking or other

processing of persons arrested by an employee of that city, special district, school district, community college district, college, or university,

where the arrested persons are brought to the county jail for booking or detention. The fee imposed by a county pursuant to this section

shall not exceed the actual administrative costs, including applicable overhead costs as permitted by federal Circular A-87 standards, as

defined in subdivision (d), incurred in booking or otherwise processing arrested persons. For the 2005-06 fiscal year and each fiscal year

thereafter, the fee imposed by a county pursuant to this subdivision shall not exceed one-half of the actual administrative costs, including

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applicable overhead costs as permitted by federal Circular A-87 standards, as defined in subdivision (d), incurred in booking or otherwise

processing arrested persons. A county may submit an invoice to a city, special district, school district, community college district, college,

or university for these expenses incurred by the county on and after July 1, 1990. Counties shall fully disclose the costs allocated as federal

Circular A-87 overhead.

(2) Any county that imposes a fee pursuant to this section shall negotiate a reduced fee with any city, special district, school district,

community college district, college, or university within the county for any services that are performed by the arresting agency in the

processing of arrestees that do not have to be duplicated by the county.

(3) This subdivision shall not apply to counties that are under a contractual agreement with a city, special district, school district, community

college district, college, or university within the county that is subject to the fee.

(b) The exemption of a local agency from the payment of a fee pursuant to this subdivision does not exempt the person arrested from the

payment of fees for booking or other processing.

(1) Notwithstanding subdivision (a), a city, special district, school district, community college district, college, or university shall not be

charged fees for arrests on any bench warrant for failure to appear in court, nor on any arrest warrant issued in connection with a crime not

committed within the entity’s jurisdiction.

(2) Notwithstanding subdivision (a), a city, special district, school district, community college district, college, or university shall not be

charged fees for a person who is ordered by a court to be remanded to the county jail except that a county may charge a fee to recover

those direct costs for those functions required to book a person pursuant to subdivision (g) of Section 853.6 of the Penal Code.

(3) Notwithstanding subdivision (a), a city, special district, school district, community college district, college, or university shall not be

charged fees for arrests made pursuant to arrest warrants originating outside of its jurisdiction.

(4) Notwithstanding subdivision (a), no fees shall be charged to a city, special district, school district, community college district, college, or

university on parole violation arrests or probation-ordered returns to custody, unless a new charge has been filed for a crime committed in

the jurisdiction of the arresting city, district, college, or university.

(5) An agency making a mutual aid request shall pay fees in accordance with subdivision (a) that result from arrests made in response to

the mutual aid request except that in the event the Governor declares a state of emergency, no agency shall be charged fees for any arrest

made during any riot, disturbance, or event that is subject to the declaration.

(6) Notwithstanding subdivision (a), no fees shall be charged to a city, special district, school district, community college district, college, or

university for the arrest of a prisoner who has escaped from a county, state, or federal detention or corrections facility.

(7) Notwithstanding subdivision (a), no fees shall be charged to a city, special district, school district, community college district, college, or

university for arrestees held in temporary detention at a court facility for purposes of arraignment when the arrestee has been previously

booked at an entity detention facility.

(8) Notwithstanding subdivision (a), no fees shall be charged to a city, special district, school district, community college district, college, or

university as the result of an arrest made by its officer assigned to a formal multiagency task force in which the county is a participant. For

the purposes of this section, “formal task force” means a task force that has been established by written agreement of the participating

agencies.

(9) In those counties where the cities and the county participate in a consolidated booking program and where prior to arraignment an

arrestee is transferred from a city detention facility to a county detention facility, the city shall not be charged for those tasks listed in

subdivision (d) that are a part of the consolidated booking program which were completed by the city prior to delivering the arrestee to the

county detention facility. However, the county may charge the actual administrative costs for those additional tasks listed in subdivision (d)

that are performed in order to receive the arrestee into the county detention facility. For the 2005-06 fiscal year and each fiscal year

thereafter, the county may charge up to one-half of the actual administrative costs for those additional tasks listed in subdivision (d) that are

performed in order to receive the arrestee into the county detention facility.

(c) Any county whose officer or agent arrests a person is entitled to recover from the arrested person a criminal justice administration fee

for administrative costs it incurs in conjunction with the arrest if the person is convicted of any criminal offense related to the arrest, whether

or not it is the offense for which the person was originally booked. The fee which the county is entitled to recover pursuant to this

subdivision shall not exceed the actual administrative costs, including applicable overhead costs incurred in booking or otherwise

processing arrested persons.

(d) When the court has been notified in a manner specified by the court that a criminal justice administration fee is due the agency:

(1) A judgment of conviction may impose an order for payment of the amount of the criminal justice administration fee by the convicted

person, and execution may be issued on the order in the same manner as a judgment in a civil action, but shall not be enforceable by

contempt.

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(2) The court shall, as a condition of probation, order the convicted person, based on his or her ability to pay, to reimburse the county for

the criminal justice administration fee, including applicable overhead costs.

(e) As used in this section, “actual administrative costs” include only those costs for functions that are performed in order to receive an

arrestee into a county detention facility. Operating expenses of the county jail facility including capital costs and those costs involved in the

housing, feeding, and care of inmates shall not be included in calculating “actual administrative costs.” “Actual administrative costs” may

include the cost of notifying any local agency, special district, school district, community college district, college or university of any change

in the fee charged by a county pursuant to this section. “Actual administrative costs” may include any one or more of the following as

related to receiving an arrestee into the county detention facility:

(1) The searching, wristbanding, bathing, clothing, fingerprinting, photographing, and medical and mental screening of an arrestee.

(2) Document preparation, retrieval, updating, filing, and court scheduling related to receiving an arrestee into the detention facility.

(3) Warrant service, processing, and detainer.

(4) Inventory of an arrestee’s money and creation of cash accounts.

(5) Inventory and storage of an arrestee’s property.

(6) Inventory, laundry, and storage of an arrestee’s clothing.

(7) The classification of an arrestee.

(8) The direct costs of automated services utilized in paragraphs (1) to (7), inclusive.

(9) Unit management and supervision of the detention function as related to paragraphs (1) to (8), inclusive.

(f) An administrative screening fee of twenty-five dollars ($25) shall be collected from each person arrested and released on his or her own

recognizance upon conviction of any criminal offense related to the arrest other than an infraction. A citation processing fee in the amount

of ten dollars ($10) shall be collected from each person cited and released by any peace officer in the field or at a jail facility upon

conviction of any criminal offense, other than an infraction, related to the criminal offense cited in the notice to appear. However, the court

may determine a lesser fee than otherwise provided in this subdivision upon a showing that the defendant is unable to pay the full amount.

All fees collected pursuant to this subdivision shall be transmitted by the county auditor monthly to the Controller for deposit in the General

Fund. This subdivision applies only to convictions occurring on or after the effective date of the act adding this subdivision and prior to June

30, 1996.

SEC. 4. Section 29552 of the Government Code is amended to read:

29552. (a) (1) Commencing with the 2007-08 fiscal year, all counties and cities and counties that charged fees pursuant to Section 29550

and cities with Type One detention facilities that charged fees pursuant to Section 29550.3 during the 2006-07 fiscal year may apply to the

Controller to receive funding provided pursuant to subdivision (b) that is equal to the fee revenue received by the county, city and county,

or city during the 2006-07 fiscal year, to the extent that funding is appropriated therefore in the annual budget act or other appropriation

legislation. If insufficient funds are appropriated to equal the full amount of fees received in the 2006-07 fiscal year, each county, city and

county and city that applies for funding shall receive a share of the appropriated funds proportionate to the share of fees it received in the

2006-07 fiscal year compared to the statewide total reported to the Controller.

(2) The remaining portion of any amount appropriated for purposes of this section shall be paid proportionally to all counties, cities and

counties, and cities based on the number of bookings within each county during the year previous to the current payment.

(b) Commencing with the 2011-12 fiscal year, payments authorized by this section shall be fully funded from the Local Law Enforcement

Services Account in the Local Revenue Fund 2011. The Controller shall allocate thirty-five million dollars ($35,000,000) of the moneys

annually deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for purposes of these payments.

(c) Commencing with the 2012-13 fiscal year, the Controller shall allocate funds from the Enhancing Law Enforcement Activities

Subaccount as follows:+ + + Alameda County $2,319,980 + + + Amador County $21,403 + + + City of Baldwin Park$4,539+ + + Butte

County $113,887 + + + Calaveras County $8,559 + + + Colusa County $7,017 + + + Contra Costa County $1,897,056 + + + Del Norte

County $37,501 + + + El Dorado County $89,793 + + + City of Fremont $250,268 + + + Fresno County $1,409,727 + + + Glenn County

$47,036 + + + City of Hayward $11,098 + + + Humboldt County $384,311 + + + Inyo County $3,522 + + + Kern County $732,680 + + +

Kings County $120,140 + + + Lake County $84,030 + + + Lassen County $24,041 + + + Los Angeles County $676,989 + + + Madera

County $124,054 + + + Marin County $222,060 + + + Mendocino County $138,730 + + + Merced County $219,669 + + + Modoc County

$3,244 + + + Monterey County $613,463 + + + City of Monterey $4,880 + + + Napa County $107,578 + + + Nevada County $94,239 + + +

City of Palm Springs$45,986+ + + Placer County $464,844 + + + City of Pomona $73,757 + + + Riverside County $3,413,483 + + +

Sacramento County $2,247,151 + + + San Benito County $32,312 + + + San Bernardino $2,758,057County+ + + San Diego County

$5,818,271 + + + San Joaquin $796,780County+ + + San Luis Obispo $456,312County+ + + San Mateo County $758,641 + + + Santa

Barbara County$502,813+ + + Santa Clara County $3,165,148 + + + Santa Cruz County $585,814 + + + Shasta County $257,005 + + +

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Siskiyou County $48,850 + + + Solano County $848,012 + + + Sonoma County $791,066 + + + Stanislaus County $832,424 + + + Sutter

County $64,179 + + + Tehama County $50,421 + + + Tulare County $829,642 + + + Tuolumne County $32,612 + + + Yolo County

$310,820 + + + Yuba County $44,106 + + +SEC. 5. Section 29553 of the Government Code is repealed.

SEC. 6. Section 30061 of the Government Code is amended to read:

30061. (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all

amounts allocated to a county for purposes of implementing this chapter.

(b) In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall

allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as

follows:

(1) Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and

Santa Clara Counties, this allocation shall be made to the county director or chief of corrections.

(2) Five and fifteen-hundredths percent to the district attorney for criminal prosecution.

(3) Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and

Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs

Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community

Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and

the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs

Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police

Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the population

research unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (j), a grant of at least one

hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not

published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA

is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or

executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction

of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the

Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor

Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina

Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within

the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties.

Except as provided in subdivision (j), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each

law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and

moneys allocated to a city pursuant to this subdivision shall be deposited in an SLESA established in the city treasury.

(4) Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this

paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county

with the membership described in Section 749.22 of the Welfare and Institutions Code. If a plan has been previously approved by the

Corrections Standards Authority or, commencing July 1, 2012, by the Board of State and Community Corrections, the plan shall be

reviewed and modified annually by the council. The plan or modified plan shall be approved by the county board of supervisors, and in the

case of a city and county, the plan shall also be approved by the mayor. The plan or modified plan shall be submitted to the Board of State

and Community Corrections by May 1 of each year.

(A) Juvenile justice plans shall include, but not be limited to, all of the following components:

(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth

services resources that specifically target at-risk juveniles, juvenile offenders, and their families.

(ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety

risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales,

firearm-related violence, and juvenile substance abuse and alcohol use.

(iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a

collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile

offenders.

(iv) Programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of

funding for each program.

(B) Programs proposed to be funded shall satisfy all of the following requirements:

(i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile

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crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation.

(ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate.

(iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the

success of juvenile justice programs and strategies.

(iv) Adopt goals related to the outcome measures that shall be used to determine the effectiveness of the local juvenile justice action

strategy.

(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine

the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the

programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following:

(i) The rate of juvenile arrests per 100,000 population.

(ii) The rate of successful completion of probation.

(iii) The rate of successful completion of restitution and court-ordered community service responsibilities.

(iv) Arrest, incarceration, and probation violation rates of program participants.

(v) Quantification of the annual per capita costs of the program.

(D) The Board of State and Community Corrections shall review plans or modified plans submitted pursuant to this paragraph within 30

days upon receipt of submitted or resubmitted plans or modified plans. The board shall approve only those plans or modified plans that

fulfill the requirements of this paragraph, and shall advise a submitting county or city and county immediately upon the approval of its plan

or modified plan. The board shall offer, and provide, if requested, technical assistance to any county or city and county that submits a plan

or modified plan not in compliance with the requirements of this paragraph. The SLESA shall only allocate funding pursuant to this

paragraph upon notification from the board that a plan or modified plan has been approved.

(E) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in

subparagraph (C), the following periodic reports shall be submitted:

(i) Each county or city and county shall report, beginning October 15, 2002, and annually each October 15 thereafter, to the county board

of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to

this chapter and program outcomes as specified in subparagraph (C).

(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2003, and annually thereafter, make a

report to the Governor and the Legislature on program expenditures within each county and city and county from the appropriation for the

purposes of this paragraph, on the outcomes as specified in subparagraph (C) of the programs funded pursuant to this paragraph and the

statewide effectiveness of the comprehensive multiagency juvenile justice plans.

(c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley

Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the

Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county,

each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures:

(1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide

frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated

areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request

submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel,

equipment, and programs that are necessary to meet those needs.

(2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police

services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement

agency that provides police services for that city.

(3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or

the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou

County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that

special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with

written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district.

(d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear

Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community

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Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County

receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter

any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3)

of subdivision (b). (e) For the 2011-12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law

Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and

shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b).

(f) Commencing with the 2012-13 fiscal year, the Controller shall allocate 21.86 percent of the amount deposited in the Enhancing Law

Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b),

and shall allocate 21.86 percent for purposes of paragraph (4) of subdivision (b).

(g) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as annually calculated by the

Director of Finance.

(h) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of

the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received

after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law

Enforcement Services Account, and after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount. (i) In the 2010-11

fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation

Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to

the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars

($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation

schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in

paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for

which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be

distributed proportionately among the other jurisdictions.

SEC. 7. Section 30062 of the Government Code is amended to read:

30062. (a) Except as required by paragraphs (1), (2), and (4) of subdivision (b) of Section 30061, moneys allocated from a Supplemental

Law Enforcement Services Account (SLESA) to a recipient entity shall be expended exclusively to provide front line law enforcement

services. These moneys shall supplement existing services, and shall not be used to supplant any existing funding for law enforcement

services provided by that entity. Moneys allocated pursuant to paragraph (4) of subdivision (b) of Section 30061 shall be used to

supplement and not supplant funding by local agencies for existing services.

(b) In the Counties of Los Angeles, Orange, and San Diego only, the district attorney may, in consultation with city attorneys in the county,

determine a prorated share of the moneys received by the district attorney pursuant to this section to be allocated to city attorneys in the

county in each fiscal year to fund the prosecution by those city attorneys of misdemeanor violations of state law.

(c) In no event shall any moneys allocated from the county’s SLESA be expended by a recipient agency to fund any of the following:

(1) Administrative overhead costs in excess of 0.5 percent of a recipient entity’s SLESA allocation for that year.

(2) The costs of any capital project or construction project funded from moneys allocated pursuant to paragraph (3) of subdivision (b) of

Section 30061 that does not directly support front line law enforcement services.

(3) The costs of any capital project or construction project funded from moneys allocated pursuant to paragraph (4) of subdivision (b) of

Section 30061.

(d) For purposes of subdivision (c), both of the following shall apply:

(1) A “recipient agency” or “recipient entity” is that entity that actually incurs the expenditures of SLESA funds allocated pursuant to

paragraph (1), (2), (3), or (4) of subdivision (b) of Section 30061.

(2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 0.5 percent of its SLESA

allocation.

(e) For purposes of this chapter, “front line law enforcement services” and “front line municipal police services” each include antigang,

community crime prevention, and juvenile justice programs.

SEC. 8. Section 30063 of the Government Code is amended to read:

30063. The Supplemental Law Enforcement Services Account (SLESA) in each county or city is to be expended exclusively as required by

this chapter. Moneys in that fund shall not be transferred to, or intermingled with, the moneys in any other fund in the county or city

treasury, except that moneys may be transferred from the SLESA to the county’s or city’s general fund to the extent necessary to facilitate

the appropriation and expenditure of those transferred moneys in the manner required by this chapter.

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SEC. 9. Section 30064 of the Government Code is repealed.

SEC. 10. Section 30065 of the Government Code is repealed.

SEC. 11. Section 30070 of the Government Code is amended to read:

30070. (a) For the 2011-12 fiscal year, the program authorized by this chapter shall be funded from the Local Law Enforcement Services

Account in the Local Revenue Fund 2011. The Controller shall, on a quarterly basis, beginning on October 1, 2011, allocate 4.07 percent of

the moneys annually deposited in the Local Law Enforcement Services Account. Commencing with the 2012-13 fiscal year, the program

authorized by this chapter shall be funded from the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011.

The Controller shall allocate 3.78 percent of the moneys annually deposited in the Enhancing Law Enforcement Activities Subaccount in

the Local Revenue Fund 2011. Funds shall be allocated to county sheriffs’ departments to enhance law enforcement efforts in the counties

specified in paragraphs (1) to (37), inclusive, according to the following schedule:(1) Alpine County 2.7027% (2) Amador County 2.7027%

(3) Butte County 2.7027% (4) Calaveras County 2.7027% (5) Colusa County 2.7027% (6) Del Norte County 2.7027% (7) El Dorado County

2.7027% (8) Glenn County 2.7027% (9) Humboldt County 2.7027% (10) Imperial County 2.7027% (11) Inyo County 2.7027% (12) Kings

County 2.7027% (13) Lake County 2.7027% (14) Lassen County 2.7027% (15) Madera County 2.7027% (16) Marin County 2.7027% (17)

Mariposa County 2.7027% (18) Mendocino County 2.7027% (19) Merced County 2.7027% (20) Modoc County 2.7027% (21) Mono County

2.7027% (22) Napa County 2.7027% (23) Nevada County 2.7027% (24) Placer County 2.7027% (25) Plumas County 2.7027% (26) San

Benito County 2.7027% (27) San Luis Obispo County 2.7027% (28) Santa Cruz County 2.7027% (29) Shasta County 2.7027% (30) Sierra

County 2.7027% (31) Siskiyou County 2.7027% (32) Sutter County 2.7027% (33) Tehama County 2.7027% (34) Trinity County 2.7027%

(35) Tuolumne County 2.7027% (36) Yolo County 2.7027% (37) Yuba County 2.7027%(c) Funds allocated pursuant to this section shall be

used to supplement rather than supplant existing law enforcement resources.

(d) The funds allocated pursuant to this section may not be used for any video surveillance or monitoring of the general public.

SEC. 12. Section 30071 of the Government Code is repealed.

SEC. 13. Section 11353.7 of the Health and Safety Code is amended to read:

11353.7. Except as authorized by law, and except as provided otherwise in Sections 11353.1, 11353.6, and 11380.1 with respect to

playgrounds situated in a public park, any person 18 years of age or older who unlawfully prepares for sale in a public park, including units

of the state park system and state vehicular recreation areas, or sells or gives away a controlled substance to a minor under the age of 14

years in a public park, including units of the state park system and state vehicular recreation areas, during hours in which the public park,

including units of the state park system and state vehicular recreation areas, is open for use, with knowledge that the person is a minor

under the age of 14 years, shall be punished by imprisonment in state prison for three, six, or nine years.

SEC. 14. Section 19.9 is added to the Penal Code, to read:

19.9. For purposes of this code, “mandatory supervision” shall mean the portion of a defendant’s sentenced term during which time he or

she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.

SEC. 15. Section 186.9 of the Penal Code is amended to read:

186.9. As used in this chapter:

(a) “Conducts” includes, but is not limited to, initiating, concluding, or participating in conducting, initiating, or concluding a transaction.

(b) “Financial institution” means, when located or doing business in this state, any national bank or banking association, state bank or

banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank,

industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the

laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act (12 U.S.C. Sec. 1724

(a)), any credit union organized under the laws of the United States or any state, any national banking association or corporation acting

under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any agency, agent or branch of a foreign bank, any

currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly

engages in the issuing, selling, or redeeming of traveler’s checks, money orders, or similar instruments, any broker or dealer in securities

registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 or with

the Commissioner of Corporations under Part 3 (commencing with Section 25200) of Division 1 of Title 4 of the Corporations Code, any

licensed transmitter of funds or other person or business regularly engaged in transmitting funds to a foreign nation for others, any

investment banker or investment company, any insurer, any dealer in gold, silver, or platinum bullion or coins, diamonds, emeralds, rubies,

or sapphires, any pawnbroker, any telegraph company, any person or business regularly engaged in the delivery, transmittal, or holding of

mail or packages, any person or business that conducts a transaction involving the transfer of title to any real property, vehicle, vessel, or

aircraft, any personal property broker, any person or business acting as a real property securities dealer within the meaning of Section

10237 of the Business and Professions Code, whether licensed to do so or not, any person or business acting within the meaning and

scope of subdivisions (d) and (e) of Section 10131 and Section 10131.1 of the Business and Professions Code, whether licensed to do so

or not, any person or business regularly engaged in gaming within the meaning and scope of Section 330, any person or business regularly

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engaged in pool selling or bookmaking within the meaning and scope of Section 337a, any person or business regularly engaged in horse

racing whether licensed to do so or not under the Business and Professions Code, any person or business engaged in the operation of a

gambling ship within the meaning and scope of Section 11317, any person or business engaged in controlled gambling within the meaning

and scope of subdivision (e) of Section 19805 of the Business and Professions Code, whether registered to do so or not, and any person

or business defined as a “bank,” “financial agency,” or “financial institution” by Section 5312 of Title 31 of the United States Code or

Section 103.11 of Title 31 of the Code of Federal Regulations and any successor provisions thereto.

(c) “Transaction” includes the deposit, withdrawal, transfer, bailment, loan, pledge, payment, or exchange of currency, or a monetary

instrument, as defined by subdivision (d), or the electronic, wire, magnetic, or manual transfer of funds between accounts by, through, or to,

a financial institution as defined by subdivision (b).

(d) “Monetary instrument” means United States currency and coin; the currency, coin, and foreign bank drafts of any foreign country;

payment warrants issued by the United States, this state, or any city, county, or city and county of this state or any other political

subdivision thereof; any bank check, cashier’s check, traveler’s check, or money order; any personal check, stock, investment security, or

negotiable instrument in bearer form or otherwise in a form in which title thereto passes upon delivery; gold, silver, or platinum bullion or

coins; and diamonds, emeralds, rubies, or sapphires. Except for foreign bank drafts and federal, state, county, or city warrants, “monetary

instrument” does not include personal checks made payable to the order of a named party which have not been endorsed or which bear

restrictive endorsements, and also does not include personal checks which have been endorsed by the named party and deposited by the

named party into the named party’s account with a financial institution.

(e) “Criminal activity” means a criminal offense punishable under the laws of this state by death, imprisonment in the state prison, or

imprisonment pursuant to subdivision (h) of Section 1170 or from a criminal offense committed in another jurisdiction punishable under the

laws of that jurisdiction by death or imprisonment for a term exceeding one year.

(f) “Foreign bank draft” means a bank draft or check issued or made out by a foreign bank, savings and loan, casa de cambio, credit union,

currency dealer or exchanger, check cashing business, money transmitter, insurance company, investment or private bank, or any other

foreign financial institution that provides similar financial services, on an account in the name of the foreign bank or foreign financial

institution held at a bank or other financial institution located in the United States or a territory of the United States.

SEC. 16. Section 288.2 of the Penal Code is amended to read:

288.2. (a) (1) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true

age of a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including, but not

limited to, live or recorded telephone messages, any harmful matter, as defined in Section 313, to a minor with the intent of arousing,

appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of

seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail. (2) A person

convicted of a second and any subsequent conviction for a violation of this subdivision is guilty of a felony and shall be punished by

imprisonment in state prison.

(b) (1) Every person who, with knowledge that a person is a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to

distribute or exhibit by electronic mail, the Internet, as defined in Section 17538 of the Business and Professions Code, or a commercial

online service, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or

passions or sexual desires of that person or of a minor, and with the intent, or for the purpose of seducing a minor, is guilty of a public

offense and shall be punished by imprisonment in the state prison or in a county jail. (2) A person convicted of a second and any

subsequent conviction for a violation of this subdivision is guilty of a felony punishable by imprisonment in the state prison.

(c) It shall be a defense to any prosecution under this section that a parent or guardian committed the act charged in aid of legitimate sex

education.

(d) It shall be a defense in any prosecution under this section that the act charged was committed in aid of legitimate scientific or

educational purposes.

(e) It does not constitute a violation of this section for a telephone corporation, as defined in Section 234 of the Public Utilities Code, a

cable television company franchised pursuant to Section 53066 of the Government Code, or any of its affiliates, an Internet service

provider, or commercial online service provider, to carry, broadcast, or transmit messages described in this section or perform related

activities in providing telephone, cable television, Internet, or commercial online services.

SEC. 17. Section 296.1 of the Penal Code is amended to read:

296.1. (a) The specimens, samples, and print impressions required by this chapter shall be collected from persons described in subdivision

(a) of Section 296 for present and past qualifying offenses of record as follows:

(1) Collection from any adult person following arrest for a felony offense as specified in subparagraphs (A), (B), and (C) of paragraph (2) of

subdivision (a) of Section 296:

(A) Each adult person arrested for a felony offense as specified in subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (a) of

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Section 296 shall provide the buccal swab samples and thumb and palm print impressions and any blood or other specimens required

pursuant to this chapter immediately following arrest, or during the booking or intake or prison reception center process or as soon as

administratively practicable after arrest, but, in any case, prior to release on bail or pending trial or any physical release from confinement

or custody.

(B) If the person subject to this chapter did not have specimens, samples, and print impressions taken immediately following arrest or

during booking or intake procedures or is released on bail or pending trial or is not confined or incarcerated at the time of sentencing or

otherwise bypasses a prison inmate reception center maintained by the Department of Corrections and Rehabilitation, the court shall order

the person to report within five calendar days to a county jail facility or to a city, state, local, private, or other designated facility to provide

the required specimens, samples, and print impressions in accordance with subdivision (i) of Section 295.

(2) Collection from persons confined or in custody after conviction or adjudication:

(A) Any person, including any juvenile who is imprisoned or confined or placed in a state correctional institution, a county jail, a facility

within the jurisdiction of the Department of Corrections and Rehabilitation, the Corrections Standards Authority, a residential treatment

program, or any state, local, city, private, or other facility after a conviction of any felony or misdemeanor offense, or any adjudication or

disposition rendered in the case of a juvenile, whether or not that crime or offense is one set forth in subdivision (a) of Section 296, shall

provide buccal swab samples and thumb and palm print impressions and any blood or other specimens required pursuant to this chapter,

immediately at intake, or during the prison reception center process, or as soon as administratively practicable at the appropriate custodial

or receiving institution or the program in which the person is placed, if:

(i) The person has a record of any past or present conviction or adjudication as a ward of the court in California of a qualifying offense

described in subdivision (a) of Section 296 or has a record of any past or present conviction or adjudication in any other court, including

any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as an offense

described in subdivision (a) of Section 296; and

(ii) The person’s blood specimens, buccal swab samples, and thumb and palm print impressions authorized by this chapter are not in the

possession of the Department of Justice DNA Laboratory or have not been recorded as part of the department’s DNA databank program.

(3) Collection from persons on probation, parole, or other release:

(A) Any person, including any juvenile, who has a record of any past or present conviction or adjudication for an offense set forth in

subdivision (a) of Section 296, and who is on probation, parole, postrelease community supervision, or mandatory supervision pursuant to

paragraph (5) of subdivision (h) of Section 1170 for any felony or misdemeanor offense, whether or not that crime or offense is one set

forth in subdivision (a) of Section 296, shall provide buccal swab samples and thumb and palm print impressions and any blood specimens

required pursuant to this chapter, if:

(i) The person has a record of any past or present conviction or adjudication as a ward of the court in California of a qualifying offense

described in subdivision (a) of Section 296 or has a record of any past or present conviction or adjudication in any other court, including

any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as an offense

described in subdivision (a) of Section 296; and

(ii) The person’s blood specimens, buccal swab samples, and thumb and palm print impressions authorized by this chapter are not in the

possession of the Department of Justice DNA Laboratory or have not been recorded as part of the department’s DNA databank program.

(B) The person shall have any required specimens, samples, and print impressions collected within five calendar days of being notified by

the court, or a law enforcement agency or other agency authorized by the Department of Justice. The specimens, samples, and print

impressions shall be collected in accordance with subdivision (i) of Section 295 at a county jail facility or a city, state, local, private, or other

facility designated for this collection.

(4) Collection from parole violators and others returned to custody:

(A) If a person, including any juvenile, who has been released on parole, furlough, or other release for any offense or crime, whether or not

set forth in subdivision (a) of Section 296, is returned to a state correctional or other institution for a violation of a condition of his or her

parole, furlough, or other release, or for any other reason, that person shall provide buccal swab samples and thumb and palm print

impressions and any blood or other specimens required pursuant to this chapter, at a state correctional or other receiving institution, if:

(i) The person has a record of any past or present conviction or adjudication as a ward of the court in California of a qualifying offense

described in subdivision (a) of Section 296 or has a record of any past or present conviction or adjudication in any other court, including

any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as an offense

described in subdivision (a) of Section 296; and

(ii) The person’s blood specimens, buccal swab samples, and thumb and palm print impressions authorized by this chapter are not in the

possession of the Department of Justice DNA Laboratory or have not been recorded as part of the department’s DNA databank program.

(5) Collection from persons accepted into California from other jurisdictions:

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(A) When an offender from another state is accepted into this state under any of the interstate compacts described in Article 3

(commencing with Section 11175) or Article 4 (commencing with Section 11189) of Chapter 2 of Title 1 of Part 4 of this code, or Chapter 4

(commencing with Section 1400) of Part 1 of Division 2 of the Welfare and Institutions Code, or under any other reciprocal agreement with

any county, state, or federal agency, or any other provision of law, whether or not the offender is confined or released, the acceptance is

conditional on the offender providing blood specimens, buccal swab samples, and palm and thumb print impressions pursuant to this

chapter, if the offender has a record of any past or present conviction or adjudication in California of a qualifying offense described in

subdivision (a) of Section 296 or has a record of any past or present conviction or adjudication or had a disposition rendered in any other

court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable

as an offense described in subdivision (a) of Section 296.

(B) If the person is not confined, the specimens, samples, and print impressions required by this chapter must be provided within five

calendar days after the person reports to the supervising agent or within five calendar days of notice to the person, whichever occurs first.

The person shall report to a county jail facility in the county where he or she resides or temporarily is located to have the specimens,

samples, and print impressions collected pursuant to this chapter. The specimens, samples, and print impressions shall be collected in

accordance with subdivision (i) of Section 295.

(C) If the person is confined, he or she shall provide the blood specimens, buccal swab samples, and thumb and palm print impressions

required by this chapter as soon as practicable after his or her receipt in a state, county, city, local, private, or other designated facility.

(6) Collection from persons in federal institutions:

(A) Subject to the approval of the Director of the FBI, persons confined or incarcerated in a federal prison or federal institution who have a

record of any past or present conviction or juvenile adjudication for a qualifying offense described in subdivision (a) of Section 296, or of a

similar crime under the laws of the United States or any other state that would constitute an offense described in subdivision (a) of Section

296, are subject to this chapter and shall provide blood specimens, buccal swab samples, and thumb and palm print impressions pursuant

to this chapter if any of the following apply:

(i) The person committed a qualifying offense in California.

(ii) The person was a resident of California at the time of the qualifying offense.

(iii) The person has any record of a California conviction for an offense described in subdivision (a) of Section 296, regardless of when the

crime was committed.

(iv) The person will be released in California.

(B) The Department of Justice DNA Laboratory shall, upon the request of the United States Department of Justice, forward portions of the

specimens or samples, taken pursuant to this chapter, to the United States Department of Justice DNA databank laboratory. The

specimens and samples required by this chapter shall be taken in accordance with the procedures set forth in subdivision (i) of Section

295. The Department of Justice DNA Laboratory is authorized to analyze and upload specimens and samples collected pursuant to this

section upon approval of the Director of the FBI.

(b) Paragraphs (2), (3), (4), (5), and (6) of subdivision (a) shall have retroactive application. Collection shall occur pursuant to paragraphs

(2), (3), (4), (5), and (6) of subdivision (a) regardless of when the crime charged or committed became a qualifying offense pursuant to this

chapter, and regardless of when the person was convicted of the qualifying offense described in subdivision (a) of Section 296 or a similar

crime under the laws of the United States or any other state, or pursuant to the United States Code of Military Justice, 10 U.S.C., Sections

801 and following, or when a juvenile petition is sustained for commission of a qualifying offense described in subdivision (a) of Section 296

or a similar crime under the laws of the United States or any other state.

SEC. 18. Section 417.6 of the Penal Code is amended to read:

417.6. (a) If, in the commission of a violation of Section 417 or 417.8, serious bodily injury is intentionally inflicted by the person drawing or

exhibiting the firearm or deadly weapon, the offense shall be punished by imprisonment in the county jail not exceeding one year or by

imprisonment in state prison.

(b) As used in this section, “serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the

following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a

wound requiring extensive suturing; and serious disfigurement.

(c) When a person is convicted of a violation of Section 417 or 417.8 and the deadly weapon or firearm used by the person is owned by

that person, the court shall order that the weapon or firearm be deemed a nuisance and disposed of in the manner provided by Sections

18000 and 18005.

SEC. 19. Section 476a of the Penal Code is amended to read:

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476a. (a) Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation, willfully, with

intent to defraud, makes or draws or utters or delivers a check, draft, or order upon a bank or depositary, a person, a firm, or a corporation,

for the payment of money, knowing at the time of that making, drawing, uttering, or delivering that the maker or drawer or the corporation

has not sufficient funds in, or credit with the bank or depositary, person, firm, or corporation, for the payment of that check, draft, or order

and all other checks, drafts, or orders upon funds then outstanding, in full upon its presentation, although no express representation is

made with reference thereto, is punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of

Section 1170.

(b) However, if the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or

uttering does not exceed four hundred fifty dollars ($450), the offense is punishable only by imprisonment in the county jail for not more

than one year. This subdivision shall not be applicable if the defendant has previously been convicted of a violation of Section 470, 475, or

476, or of this section, or of the crime of petty theft in a case in which defendant’s offense was a violation also of Section 470, 475, or 476

or of this section or if the defendant has previously been convicted of any offense under the laws of any other state or of the United States

which, if committed in this state, would have been punishable as a violation of Section 470, 475 or 476 or of this section or if he has been

so convicted of the crime of petty theft in a case in which, if defendant’s offense had been committed in this state, it would have been a

violation also of Section 470, 475, or 476, or of this section.

(c) Where the check, draft, or order is protested on the ground of insufficiency of funds or credit, the notice of protest shall be admissible as

proof of presentation, nonpayment, and protest and shall be presumptive evidence of knowledge of insufficiency of funds or credit with the

bank or depositary, person, firm, or corporation.

(d) In any prosecution under this section involving two or more checks, drafts, or orders, it shall constitute prima facie evidence of the

identity of the drawer of a check, draft, or order if both of the following occur:

(1) When the payee accepts the check, draft, or order from the drawer, he or she obtains from the drawer the following information: name

and residence of the drawer, business or mailing address, either a valid driver’s license number or Department of Motor Vehicles

identification card number, and the drawer’s home or work phone number or place of employment. That information may be recorded on

the check, draft, or order itself or may be retained on file by the payee and referred to on the check, draft, or order by identifying number or

other similar means.

(2) The person receiving the check, draft, or order witnesses the drawer’s signature or endorsement, and, as evidence of that, initials the

check, draft, or order at the time of receipt.

(e) The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, person,

firm, or corporation for the payment of a check, draft, or order.

(f) If any of the preceding paragraphs, or parts thereof, shall be found unconstitutional or invalid, the remainder of this section shall not

thereby be invalidated, but shall remain in full force and effect.

(g) A sheriff’s department, police department, or other law enforcement agency may collect a fee from the defendant for investigation,

collection, and processing of checks referred to their agency for investigation of alleged violations of this section or Section 476. (h) The

amount of the fee shall not exceed twenty-five dollars ($25) for each bad check, in addition to the amount of any bank charges incurred by

the victim as a result of the alleged offense. If the sheriff’s department, police department, or other law enforcement agency collects a fee

for bank charges incurred by the victim pursuant to this section, that fee shall be paid to the victim for any bank fees the victim may have

been assessed. In no event shall reimbursement of the bank charge to the victim pursuant to this section exceed ten dollars ($10) per

check.

SEC. 20. Section 647.6 of the Penal Code is amended to read:

647.6. (a) (1) Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand

dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.

(2) Every person who, motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she

believes to be a child under 18 years of age, which conduct, if directed toward a child under 18 years of age, would be a violation of this

section, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail for up to one year, or by

both that fine and imprisonment.

(b) Every person who violates this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in

Section 635 of the Vehicle Code, or the inhabited portion of any other building, shall be punished by imprisonment in the state prison, or in

a county jail not exceeding one year, and by a fine not exceeding five thousand dollars ($5,000).

(c) (1) Every person who violates this section shall be punished upon the second and each subsequent conviction by imprisonment in the

state prison.

(2) Every person who violates this section after a previous felony conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or 289,

any of which involved a minor under 16 years of age, or a previous felony conviction under this section, a conviction under Section 288, or

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a felony conviction under Section 311.4 involving a minor under 14 years of age shall be punished by imprisonment in the state prison for

two, four, or six years.

(d) (1) In any case in which a person is convicted of violating this section and probation is granted, the court shall require counseling as a

condition of probation, unless the court makes a written statement in the court record, that counseling would be inappropriate or ineffective.

(2) In any case in which a person is convicted of violating this section, and as a condition of probation, the court prohibits the defendant

from having contact with the victim, the court order prohibiting contact shall not be modified except upon the request of the victim and a

finding by the court that the modification is in the best interest of the victim. As used in this paragraph, “contact with the victim” includes all

physical contact, being in the presence of the victim, communication by any means, any communication by a third party acting on behalf of

the defendant, and any gifts.

(e) Nothing in this section prohibits prosecution under any other provision of law.

SEC. 21. Section 653f of the Penal Code is amended to read:

653f. (a) Every person who, with the intent that the crime be committed, solicits another to offer, accept, or join in the offer or acceptance of

a bribe, or to commit or join in the commission of carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury,

subornation of perjury, forgery, kidnapping, arson or assault with a deadly weapon or instrument or by means of force likely to produce

great bodily injury, or, by the use of force or a threat of force, to prevent or dissuade any person who is or may become a witness from

attending upon, or testifying at, any trial, proceeding, or inquiry authorized by law, shall be punished by imprisonment in a county jail for not

more than one year or pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or the

amount which could have been assessed for commission of the offense itself, whichever is greater, or by both the fine and imprisonment.

(b) Every person who, with the intent that the crime be committed, solicits another to commit or join in the commission of murder shall be

punished by imprisonment in the state prison for three, six, or nine years.

(c) Every person who, with the intent that the crime be committed, solicits another to commit rape by force or violence, sodomy by force or

violence, oral copulation by force or violence, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state

prison for two, three, or four years.

(d) (1) Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 11352,

11379, 11379.5, 11379.6, or 11391 of the Health and Safety Code shall be punished by imprisonment in a county jail not exceeding six

months. Every person, who, having been convicted of soliciting another to commit an offense specified in this subdivision, is subsequently

convicted of the proscribed solicitation, shall be punished by imprisonment in a county jail not exceeding one year, or pursuant to

subdivision (h) of Section 1170.

(2) This subdivision does not apply where the term of imprisonment imposed under other provisions of law would result in a longer term of

imprisonment.

(e) Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 14014 of the

Welfare and Institutions Code shall be punished by imprisonment in a county jail for not exceeding six months. Every person who, having

been convicted of soliciting another to commit an offense specified in this subdivision, is subsequently convicted of the proscribed

solicitation, shall be punished by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170.

(f) An offense charged in violation of subdivision (a), (b), or (c) shall be proven by the testimony of two witnesses, or of one witness and

corroborating circumstances. An offense charged in violation of subdivision (d) or (e) shall be proven by the testimony of one witness and

corroborating circumstances.

SEC. 22. Section 667.5 of the Penal Code is amended to read:

667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:

(a) Where one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other

prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where the prior

offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for

any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an

offense which results in a felony conviction.

(b) Except where subdivision (a) applies, where the new offense is any felony for which a prison sentence or a sentence of imprisonment in

a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence

therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of

Section 1170 or when sentence is not suspended for any felony; provided that no additional term shall be imposed under this subdivision

for any prison term or county jail term imposed under subdivision (h) of Section 1170 or when sentence is not suspended prior to a period

of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison

custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not

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suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is

suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year

enhancement.

(c) For the purpose of this section, “violent felony” shall mean any of the following:

(1) Murder or voluntary manslaughter.

(2) Mayhem.

(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.

(4) Sodomy as defined in subdivision (c) or (d) of Section 286.

(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.

(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.

(7) Any felony punishable by death or imprisonment in the state prison for life.

(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and

proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections

213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision

(a) of Section 12022.3, or Section 12022.5 or 12022.55.

(9) Any robbery.

(10) Arson, in violation of subdivision (a) or (b) of Section 451.

(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.

(12) Attempted murder.

(13) A violation of Section 18745, 18750, or 18755.

(14) Kidnapping.

(15) Assault with the intent to commit a specified felony, in violation of Section 220.

(16) Continuous sexual abuse of a child, in violation of Section 288.5.

(17) Carjacking, as defined in subdivision (a) of Section 215.

(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.

(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.

(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal

Code.

(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person,

other than an accomplice, was present in the residence during the commission of the burglary.

(22) Any violation of Section 12022.53.

(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special

consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person.

(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge

from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever

first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from

custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison

terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.

(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior

separate term in state prison or in county jail under subdivision (h) of Section 1170.

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(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is

punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or

more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another

jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served

one year or more in prison for the offense in the other jurisdiction.

(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed

for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment

on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from

incarceration.

(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an

offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the

confinement.

(i) For the purposes of this section, a commitment to the State Department of Mental Health as a mentally disordered sex offender following

a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.

(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of Corrections and

Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term

served in state prison.

(k) (1) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the

defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility

pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to

the full enhancements provided for in this section.

(2) This subdivision shall not apply when a full, separate, and consecutive term is imposed pursuant to any other provision of law.

SEC. 23. Section 669 of the Penal Code is amended to read:

669. (a) When a person is convicted of two or more crimes, whether in the same proceeding or court or in different proceedings or courts,

and whether by judgment rendered by the same judge or by different judges, the second or other subsequent judgment upon which

sentence is ordered to be executed shall direct whether the terms of imprisonment or any of them to which he or she is sentenced shall run

concurrently or consecutively. Life sentences, whether with or without the possibility of parole, may be imposed to run consecutively with

one another, with any term imposed for applicable enhancements, or with any other term of imprisonment for a felony conviction.

Whenever a person is committed to prison on a life sentence which is ordered to run consecutive to any determinate term of imprisonment,

the determinate term of imprisonment shall be served first and no part thereof shall be credited toward the person’s eligibility for parole as

calculated pursuant to Section 3046 or pursuant to any other section of law that establishes a minimum period of confinement under the life

sentence before eligibility for parole. (b) In the event that the court at the time of pronouncing the second or other judgment upon that

person had no knowledge of a prior existing judgment or judgments, or having knowledge, fails to determine how the terms of

imprisonment shall run in relation to each other, then, upon that failure to determine, or upon that prior judgment or judgments being

brought to the attention of the court at any time prior to the expiration of 60 days from and after the actual commencement of imprisonment

upon the second or other subsequent judgments, the court shall, in the absence of the defendant and within 60 days of the notice,

determine how the term of imprisonment upon the second or other subsequent judgment shall run with reference to the prior incompleted

term or terms of imprisonment. Upon the failure of the court to determine how the terms of imprisonment on the second or subsequent

judgment shall run, the term of imprisonment on the second or subsequent judgment shall run concurrently. (c) The Department of

Corrections and Rehabilitation shall advise the court pronouncing the second or other subsequent judgment of the existence of all prior

judgments against the defendant, the terms of imprisonment of which have not been completely served.

(d) When a court imposes a concurrent term of imprisonment and imprisonment for one of the crimes is required to be served in the state

prison, the term for all crimes shall be served in the state prison, even if the term for any other offense specifies imprisonment in a county

jail pursuant to subdivision (h) of Section 1170.

SEC. 24. Section 802 of the Penal Code is amended to read:

802. (a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state

prison or pursuant to subdivision (h) of Section 1170 shall be commenced within one year after commission of the offense. (b) Prosecution

for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under the age of 14 years shall be

commenced within three years after commission of the offense.

(c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years

after commission of the offense.

(d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions

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Code shall be commenced as follows:

(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the

offense.

(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4, 7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only),

7159.14 (licensee only), 7161, and 7189 of the Business and Professions Code, within two years of the commission of the offense.

(3) With respect to Sections 7027.3 and 7028.16 of the Business and Professions Code, within three years of the commission of the

offense.

(4) With respect to Sections 7028, 7159.5 (nonlicensee only) and 7159.14 (nonlicensee only), of the Business and Professions Code,

within four years of the commission of the offense.

(e) This section shall become operative on July 1, 2005, only if Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes

effective on or before January 1, 2005.

SEC. 25. Section 830.5 of the Penal Code is amended to read:

830.5. The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the

duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under

Sections 8597, 8598, and 8617 of the Government Code, as amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except as

specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their

employing agency:

(a) A parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of

Juvenile Parole Operations, probation officer, deputy probation officer, or a board coordinating parole agent employed by the Juvenile

Parole Board. Except as otherwise provided in this subdivision, the authority of these parole or probation officers shall extend only as

follows:

(1) To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any person in this state on parole,

probation, mandatory supervision, or postrelease community supervision.

(2) To the escape of any inmate or ward from a state or local institution.

(3) To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision.

(4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her

employment.

(5) (A) To the rendering of mutual aid to any other law enforcement agency.

(B) For the purposes of this subdivision, “parole agent” shall have the same meaning as parole officer of the Department of Corrections

and Rehabilitation or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice.

(C) Any parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of

Juvenile Parole Operations, is authorized to carry firearms, but only as determined by the director on a case-by-case or unit-by-unit basis

and only under those terms and conditions specified by the director or chairperson. The Department of Corrections and Rehabilitation,

Division of Juvenile Justice, shall develop a policy for arming peace officers of the Department of Corrections and Rehabilitation, Division of

Juvenile Justice, who comprise “high-risk transportation details” or “high-risk escape details” no later than June 30, 1995. This policy shall

be implemented no later than December 31, 1995.

(D) The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall train and arm those peace officers who comprise

tactical teams at each facility for use during “high-risk escape details.”

(b) A correctional officer employed by the Department of Corrections and Rehabilitation, or of the Department of Corrections and

Rehabilitation, Division of Juvenile Justice, having custody of wards or any employee of the Department of Corrections and Rehabilitation

designated by the secretary or any correctional counselor series employee of the Department of Corrections and Rehabilitation or any

medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State

Department of Mental Health or any employee of the Board of Parole Hearings designated by the secretary or employee of the Department

of Corrections and Rehabilitation, Division of Juvenile Justice, designated by the secretary or any superintendent, supervisor, or employee

having custodial responsibilities in an institution operated by a probation department, or any transportation officer of a probation

department.

(c) The following persons may carry a firearm while not on duty: a parole officer of the Department of Corrections and Rehabilitation, or the

Department of Corrections and Rehabilitation, Division of Juvenile Justice, a correctional officer or correctional counselor employed by the

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Department of Corrections and Rehabilitation, or an employee of the Department of Corrections and Rehabilitation, Division of Juvenile

Justice, having custody of wards or any employee of the Department of Corrections and Rehabilitation designated by the secretary. A

parole officer of the Juvenile Parole Board may carry a firearm while not on duty only when so authorized by the chairperson of the board

and only under the terms and conditions specified by the chairperson. Nothing in this section shall be interpreted to require licensure

pursuant to Section 25400. The director or chairperson may deny, suspend, or revoke for good cause a person’s right to carry a firearm

under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between

the exclusive employee representative and the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or the Juvenile

Parole Board, to review the director’s or the chairperson’s decision.

(d) Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832

and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain his or her eligibility

to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms

carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty.

(e) The Department of Corrections and Rehabilitation shall allow reasonable access to its ranges for officers and designees of either

department to qualify to carry concealable firearms off duty. The time spent on the range for purposes of meeting the qualification

requirements shall be the person’s own time during the person’s off-duty hours.

(f) The secretary shall promulgate regulations consistent with this section.

(g) “High-risk transportation details” and “high-risk escape details” as used in this section shall be determined by the secretary, or his or her

designee. The secretary, or his or her designee, shall consider at least the following in determining “high-risk transportation details” and

“high-risk escape details”: protection of the public, protection of officers, flight risk, and violence potential of the wards.

(h) “Transportation detail” as used in this section shall include transportation of wards outside the facility, including, but not limited to, court

appearances, medical trips, and interfacility transfers.

(i) This section is operative January 1, 2012.

SEC. 26. Section 836.6 of the Penal Code is amended to read:

836.6. (a) It is unlawful for any person who is remanded by a magistrate or judge of any court in this state to the custody of a sheriff,

marshal, or other police agency, to thereafter escape or attempt to escape from that custody.

(b) It is unlawful for any person who has been lawfully arrested by any peace officer and who knows, or by the exercise of reasonable care

should have known, that he or she has been so arrested, to thereafter escape or attempt to escape from that peace officer.

(c) Any person who violates subdivision (a) or (b) is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one

year. However, if the escape or attempted escape is by force or violence, and the person proximately causes a peace officer serious bodily

injury, the person shall be punished by imprisonment in the state prison for two, three, or four years, or by imprisonment in a county jail not

to exceed one year.

SEC. 27. Section 1170 of the Penal Code, as amended by Section 6.7 of Chapter 361 of the Statutes of 2011, is amended to read:

1170. (a) (1) The Legislature finds and declares that the purpose of imprisonment for crime is punishment. This purpose is best served by

terms proportionate to the seriousness of the offense with provision for uniformity in the sentences of offenders committing the same

offense under similar circumstances. The Legislature further finds and declares that the elimination of disparity and the provision of

uniformity of sentences can best be achieved by determinate sentences fixed by statute in proportion to the seriousness of the offense as

determined by the Legislature to be imposed by the court with specified discretion.

(2) Notwithstanding paragraph (1), the Legislature further finds and declares that programs should be available for inmates, including, but

not limited to, educational programs, that are designed to prepare nonviolent felony offenders for successful reentry into the community.

The Legislature encourages the development of policies and programs designed to educate and rehabilitate nonviolent felony offenders. In

implementing this section, the Department of Corrections and Rehabilitation is encouraged to give priority enrollment in programs to

promote successful return to the community to an inmate with a short remaining term of commitment and a release date that would allow

him or her adequate time to complete the program.

(3) In any case in which the punishment prescribed by statute for a person convicted of a public offense is a term of imprisonment in the

state prison of any specification of three time periods, the court shall sentence the defendant to one of the terms of imprisonment specified

unless the convicted person is given any other disposition provided by law, including a fine, jail, probation, or the suspension of imposition

or execution of sentence or is sentenced pursuant to subdivision (b) of Section 1168 because he or she had committed his or her crime

prior to July 1, 1977. In sentencing the convicted person, the court shall apply the sentencing rules of the Judicial Council. The court,

unless it determines that there are circumstances in mitigation of the punishment prescribed, shall also impose any other term that it is

required by law to impose as an additional term. Nothing in this article shall affect any provision of law that imposes the death penalty, that

authorizes or restricts the granting of probation or suspending the execution or imposition of sentence, or expressly provides for

imprisonment in the state prison for life. In any case in which the amount of preimprisonment credit under Section 2900.5 or any other

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provision of law is equal to or exceeds any sentence imposed pursuant to this chapter, the entire sentence shall be deemed to have been

served and the defendant shall not be actually delivered to the custody of the secretary. The court shall advise the defendant that he or she

shall serve a period of parole and order the defendant to report to the parole office closest to the defendant’s last legal residence, unless

the in-custody credits equal the total sentence, including both confinement time and the period of parole. The sentence shall be deemed a

separate prior prison term under Section 667.5, and a copy of the judgment and other necessary documentation shall be forwarded to the

secretary.

(b) When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the choice of the appropriate term

shall rest within the sound discretion of the court. At least four days prior to the time set for imposition of judgment, either party or the

victim, or the family of the victim if the victim is deceased, may submit a statement in aggravation or mitigation. In determining the

appropriate term, the court may consider the record in the case, the probation officer’s report, other reports, including reports received

pursuant to Section 1203.03, and statements in aggravation or mitigation submitted by the prosecution, the defendant, or the victim, or the

family of the victim if the victim is deceased, and any further evidence introduced at the sentencing hearing. The court shall select the term

which, in the court’s discretion, best serves the interests of justice. The court shall set forth on the record the reasons for imposing the term

selected and the court may not impose an upper term by using the fact of any enhancement upon which sentence is imposed under any

provision of law. A term of imprisonment shall not be specified if imposition of sentence is suspended.

(c) The court shall state the reasons for its sentence choice on the record at the time of sentencing. The court shall also inform the

defendant that as part of the sentence after expiration of the term he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of Section 1168 has been sentenced to be imprisoned in the state prison

and has been committed to the custody of the secretary, the court may, within 120 days of the date of commitment on its own motion, or at

any time upon the recommendation of the secretary or the Board of Parole Hearings, recall the sentence and commitment previously

ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence,

if any, is no greater than the initial sentence. The resentence under this subdivision shall apply the sentencing rules of the Judicial Council

so as to eliminate disparity of sentences and to promote uniformity of sentencing. Credit shall be given for time served.

(e) (1) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a), if the secretary or the Board of Parole Hearings

or both determine that a prisoner satisfies the criteria set forth in paragraph (2), the secretary or the board may recommend to the court

that the prisoner’s sentence be recalled.

(2) The court shall have the discretion to resentence or recall if the court finds that the facts described in subparagraphs (A) and (B) or

subparagraphs (B) and (C) exist:

(A) The prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within six months, as

determined by a physician employed by the department.

(B) The conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety.

(C) The prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform

activities of basic daily living, and results in the prisoner requiring 24-hour total care, including, but not limited to, coma, persistent

vegetative state, brain death, ventilator-dependency, loss of control of muscular or neurological function, and that incapacitation did not

exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this subdivision before making a recommendation for resentence or recall to

the court. This subdivision does not apply to a prisoner sentenced to death or a term of life without the possibility of parole.

(3) Within 10 days of receipt of a positive recommendation by the secretary or the board, the court shall hold a hearing to consider whether

the prisoner’s sentence should be recalled.

(4) Any physician employed by the department who determines that a prisoner has six months or less to live shall notify the chief medical

officer of the prognosis. If the chief medical officer concurs with the prognosis, he or she shall notify the warden. Within 48 hours of

receiving notification, the warden or the warden’s representative shall notify the prisoner of the recall and resentencing procedures, and

shall arrange for the prisoner to designate a family member or other outside agent to be notified as to the prisoner’s medical condition and

prognosis, and as to the recall and resentencing procedures. If the inmate is deemed mentally unfit, the warden or the warden’s

representative shall contact the inmate’s emergency contact and provide the information described in paragraph (2).

(5) The warden or the warden’s representative shall provide the prisoner and his or her family member, agent, or emergency contact, as

described in paragraph (4), updated information throughout the recall and resentencing process with regard to the prisoner’s medical

condition and the status of the prisoner’s recall and resentencing proceedings.

(6) Notwithstanding any other provisions of this section, the prisoner or his or her family member or designee may independently request

consideration for recall and resentencing by contacting the chief medical officer at the prison or the secretary. Upon receipt of the request,

the chief medical officer and the warden or the warden’ s representative shall follow the procedures described in paragraph (4). If the

secretary determines that the prisoner satisfies the criteria set forth in paragraph (2), the secretary or board may recommend to the court

that the prisoner’s sentence be recalled. The secretary shall submit a recommendation for release within 30 days in the case of inmates

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sentenced to determinate terms and, in the case of inmates sentenced to indeterminate terms, the secretary shall make a recommendation

to the Board of Parole Hearings with respect to the inmates who have applied under this section. The board shall consider this information

and make an independent judgment pursuant to paragraph (2) and make findings related thereto before rejecting the request or making a

recommendation to the court. This action shall be taken at the next lawfully noticed board meeting.

(7) Any recommendation for recall submitted to the court by the secretary or the Board of Parole Hearings shall include one or more

medical evaluations, a postrelease plan, and findings pursuant to paragraph (2).

(8) If possible, the matter shall be heard before the same judge of the court who sentenced the prisoner.

(9) If the court grants the recall and resentencing application, the prisoner shall be released by the department within 48 hours of receipt of

the court’s order, unless a longer time period is agreed to by the inmate. At the time of release, the warden or the warden’s representative

shall ensure that the prisoner has each of the following in his or her possession: a discharge medical summary, full medical records, state

identification, parole medications, and all property belonging to the prisoner. After discharge, any additional records shall be sent to the

prisoner’s forwarding address.

(10) The secretary shall issue a directive to medical and correctional staff employed by the department that details the guidelines and

procedures for initiating a recall and resentencing procedure. The directive shall clearly state that any prisoner who is given a prognosis of

six months or less to live is eligible for recall and resentencing consideration, and that recall and resentencing procedures shall be initiated

upon that prognosis.

(f) Notwithstanding any other provision of this section, for purposes of paragraph (3) of subdivision (h), any allegation that a defendant is

eligible for state prison due to a prior or current conviction, sentence enhancement, or because he or she is required to register as a sex

offender shall not be subject to dismissal pursuant to Section 1385.

(g) A sentence to state prison for a determinate term for which only one term is specified, is a sentence to state prison under this section.

(h) (1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the

underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.

(2) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision shall be punishable by imprisonment in a county

jail for the term described in the underlying offense.

(3) Notwithstanding paragraphs (1) and (2), where the defendant (A) has a prior or current felony conviction for a serious felony described

in subdivision (c) of Section 1192.7 or a prior or current conviction for a violent felony described in subdivision (c) of Section 667.5, (B) has

a prior felony conviction in another jurisdiction for an offense that has all the elements of a serious felony described in subdivision (c) of

Section 1192.7 or a violent felony described in subdivision (c) of Section 667.5, (C) is required to register as a sex offender pursuant to

Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime and as part of the sentence an enhancement

pursuant to Section 186.11 is imposed, an executed sentence for a felony punishable pursuant to this subdivision shall be served in state

prison.

(4) Nothing in this subdivision shall be construed to prevent other dispositions authorized by law, including pretrial diversion, deferred entry

of judgment, or an order granting probation pursuant to Section 1203.1.

(5) The court, when imposing a sentence pursuant to paragraph (1) or (2) of this subdivision, may commit the defendant to county jail as

follows:

(A) For a full term in custody as determined in accordance with the applicable sentencing law.

(B) (i) For a term as determined in accordance with the applicable sentencing law, but suspend execution of a concluding portion of the

term selected in the court’s discretion, during which time the defendant shall be supervised by the county probation officer in accordance

with the terms, conditions, and procedures generally applicable to persons placed on probation, for the remaining unserved portion of the

sentence imposed by the court. The period of supervision shall be mandatory, and may not be earlier terminated except by court order.

Any proceeding to revoke or modify mandatory supervision under this subparagraph shall be conducted pursuant to either subdivisions (a)

and (b) of Section 1203.2 or Section 1203.3. During the period when the defendant is under such supervision, unless in actual custody

related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment

imposed by the court. Any time period which is suspended because a person has absconded shall not be credited toward the period of

supervision.

(ii) The portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer pursuant to this

subparagraph shall be known as mandatory supervision.

(6) The sentencing changes made by the act that added this subdivision shall be applied prospectively to any person sentenced on or after

October 1, 2011.

(i) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is

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enacted before that date, deletes or extends that date.

SEC. 28. Section 1170 of the Penal Code, as amended by Section 7.7 of Chapter 361 of the Statutes of 2011, is amended to read:

1170. (a) (1) The Legislature finds and declares that the purpose of imprisonment for crime is punishment. This purpose is best served by

terms proportionate to the seriousness of the offense with provision for uniformity in the sentences of offenders committing the same

offense under similar circumstances. The Legislature further finds and declares that the elimination of disparity and the provision of

uniformity of sentences can best be achieved by determinate sentences fixed by statute in proportion to the seriousness of the offense as

determined by the Legislature to be imposed by the court with specified discretion.

(2) Notwithstanding paragraph (1), the Legislature further finds and declares that programs should be available for inmates, including, but

not limited to, educational programs, that are designed to prepare nonviolent felony offenders for successful reentry into the community.

The Legislature encourages the development of policies and programs designed to educate and rehabilitate nonviolent felony offenders. In

implementing this section, the Department of Corrections and Rehabilitation is encouraged to give priority enrollment in programs to

promote successful return to the community to an inmate with a short remaining term of commitment and a release date that would allow

him or her adequate time to complete the program.

(3) In any case in which the punishment prescribed by statute for a person convicted of a public offense is a term of imprisonment in the

state prison of any specification of three time periods, the court shall sentence the defendant to one of the terms of imprisonment specified

unless the convicted person is given any other disposition provided by law, including a fine, jail, probation, or the suspension of imposition

or execution of sentence or is sentenced pursuant to subdivision (b) of Section 1168 because he or she had committed his or her crime

prior to July 1, 1977. In sentencing the convicted person, the court shall apply the sentencing rules of the Judicial Council. The court,

unless it determines that there are circumstances in mitigation of the punishment prescribed, shall also impose any other term that it is

required by law to impose as an additional term. Nothing in this article shall affect any provision of law that imposes the death penalty, that

authorizes or restricts the granting of probation or suspending the execution or imposition of sentence, or expressly provides for

imprisonment in the state prison for life. In any case in which the amount of preimprisonment credit under Section 2900.5 or any other

provision of law is equal to or exceeds any sentence imposed pursuant to this chapter, the entire sentence shall be deemed to have been

served and the defendant shall not be actually delivered to the custody of the secretary. The court shall advise the defendant that he or she

shall serve a period of parole and order the defendant to report to the parole office closest to the defendant’s last legal residence, unless

the in-custody credits equal the total sentence, including both confinement time and the period of parole. The sentence shall be deemed a

separate prior prison term under Section 667.5, and a copy of the judgment and other necessary documentation shall be forwarded to the

secretary.

(b) When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the court shall order imposition of

the middle term, unless there are circumstances in aggravation or mitigation of the crime. At least four days prior to the time set for

imposition of judgment, either party or the victim, or the family of the victim if the victim is deceased, may submit a statement in aggravation

or mitigation to dispute facts in the record or the probation officer’s report, or to present additional facts. In determining whether there are

circumstances that justify imposition of the upper or lower term, the court may consider the record in the case, the probation officer’s report,

other reports, including reports received pursuant to Section 1203.03, and statements in aggravation or mitigation submitted by the

prosecution, the defendant, or the victim, or the family of the victim if the victim is deceased, and any further evidence introduced at the

sentencing hearing. The court shall set forth on the record the facts and reasons for imposing the upper or lower term. The court may not

impose an upper term by using the fact of any enhancement upon which sentence is imposed under any provision of law. A term of

imprisonment shall not be specified if imposition of sentence is suspended.

(c) The court shall state the reasons for its sentence choice on the record at the time of sentencing. The court shall also inform the

defendant that as part of the sentence after expiration of the term he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of Section 1168 has been sentenced to be imprisoned in the state prison

and has been committed to the custody of the secretary, the court may, within 120 days of the date of commitment on its own motion, or at

any time upon the recommendation of the secretary or the Board of Parole Hearings, recall the sentence and commitment previously

ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence,

if any, is no greater than the initial sentence. The resentence under this subdivision shall apply the sentencing rules of the Judicial Council

so as to eliminate disparity of sentences and to promote uniformity of sentencing. Credit shall be given for time served.

(e) (1) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a), if the secretary or the Board of Parole Hearings

or both determine that a prisoner satisfies the criteria set forth in paragraph (2), the secretary or the board may recommend to the court

that the prisoner’s sentence be recalled.

(2) The court shall have the discretion to resentence or recall if the court finds that the facts described in subparagraphs (A) and (B) or

subparagraphs (B) and (C) exist:

(A) The prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within six months, as

determined by a physician employed by the department.

(B) The conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety.

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(C) The prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform

activities of basic daily living, and results in the prisoner requiring 24-hour total care, including, but not limited to, coma, persistent

vegetative state, brain death, ventilator-dependency, loss of control of muscular or neurological function, and that incapacitation did not

exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this subdivision before making a recommendation for resentence or recall to

the court. This subdivision does not apply to a prisoner sentenced to death or a term of life without the possibility of parole.

(3) Within 10 days of receipt of a positive recommendation by the secretary or the board, the court shall hold a hearing to consider whether

the prisoner’s sentence should be recalled.

(4) Any physician employed by the department who determines that a prisoner has six months or less to live shall notify the chief medical

officer of the prognosis. If the chief medical officer concurs with the prognosis, he or she shall notify the warden. Within 48 hours of

receiving notification, the warden or the warden’s representative shall notify the prisoner of the recall and resentencing procedures, and

shall arrange for the prisoner to designate a family member or other outside agent to be notified as to the prisoner’s medical condition and

prognosis, and as to the recall and resentencing procedures. If the inmate is deemed mentally unfit, the warden or the warden’s

representative shall contact the inmate’s emergency contact and provide the information described in paragraph (2).

(5) The warden or the warden’s representative shall provide the prisoner and his or her family member, agent, or emergency contact, as

described in paragraph (4), updated information throughout the recall and resentencing process with regard to the prisoner’s medical

condition and the status of the prisoner’s recall and resentencing proceedings.

(6) Notwithstanding any other provisions of this section, the prisoner or his or her family member or designee may independently request

consideration for recall and resentencing by contacting the chief medical officer at the prison or the secretary. Upon receipt of the request,

the chief medical officer and the warden or the warden’ s representative shall follow the procedures described in paragraph (4). If the

secretary determines that the prisoner satisfies the criteria set forth in paragraph (2), the secretary or board may recommend to the court

that the prisoner’s sentence be recalled. The secretary shall submit a recommendation for release within 30 days in the case of inmates

sentenced to determinate terms and, in the case of inmates sentenced to indeterminate terms, the secretary shall make a recommendation

to the Board of Parole Hearings with respect to the inmates who have applied under this section. The board shall consider this information

and make an independent judgment pursuant to paragraph (2) and make findings related thereto before rejecting the request or making a

recommendation to the court. This action shall be taken at the next lawfully noticed board meeting.

(7) Any recommendation for recall submitted to the court by the secretary or the Board of Parole Hearings shall include one or more

medical evaluations, a postrelease plan, and findings pursuant to paragraph (2).

(8) If possible, the matter shall be heard before the same judge of the court who sentenced the prisoner.

(9) If the court grants the recall and resentencing application, the prisoner shall be released by the department within 48 hours of receipt of

the court’s order, unless a longer time period is agreed to by the inmate. At the time of release, the warden or the warden’s representative

shall ensure that the prisoner has each of the following in his or her possession: a discharge medical summary, full medical records, state

identification, parole medications, and all property belonging to the prisoner. After discharge, any additional records shall be sent to the

prisoner’s forwarding address.

(10) The secretary shall issue a directive to medical and correctional staff employed by the department that details the guidelines and

procedures for initiating a recall and resentencing procedure. The directive shall clearly state that any prisoner who is given a prognosis of

six months or less to live is eligible for recall and resentencing consideration, and that recall and resentencing procedures shall be initiated

upon that prognosis.

(f) Notwithstanding any other provision of this section, for purposes of paragraph (3) of subdivision (h), any allegation that a defendant is

eligible for state prison due to a prior or current conviction, sentence enhancement, or because he or she is required to register as a sex

offender shall not be subject to dismissal pursuant to Section 1385.

(g) A sentence to state prison for a determinate term for which only one term is specified, is a sentence to state prison under this section.

(h) (1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the

underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.

(2) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision shall be punishable by imprisonment in a county

jail for the term described in the underlying offense.

(3) Notwithstanding paragraphs (1) and (2), where the defendant (A) has a prior or current felony conviction for a serious felony described

in subdivision (c) of Section 1192.7 or a prior or current conviction for a violent felony described in subdivision (c) of Section 667.5, (B) has

a prior felony conviction in another jurisdiction for an offense that has all the elements of a serious felony described in subdivision (c) of

Section 1192.7 or a violent felony described in subdivision (c) of Section 667.5, (C) is required to register as a sex offender pursuant to

Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime and as part of the sentence an enhancement

pursuant to Section 186.11 is imposed, an executed sentence for a felony punishable pursuant to this subdivision shall be served in state

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prison.

(4) Nothing in this subdivision shall be construed to prevent other dispositions authorized by law, including pretrial diversion, deferred entry

of judgment, or an order granting probation pursuant to Section 1203.1.

(5) The court, when imposing a sentence pursuant to paragraph (1) or (2) of this subdivision, may commit the defendant to county jail as

follows:

(A) For a full term in custody as determined in accordance with the applicable sentencing law.

(B) (i) For a term as determined in accordance with the applicable sentencing law, but suspend execution of a concluding portion of the

term selected in the court’s discretion, during which time the defendant shall be supervised by the county probation officer in accordance

with the terms, conditions, and procedures generally applicable to persons placed on probation, for the remaining unserved portion of the

sentence imposed by the court. The period of supervision shall be mandatory, and may not be earlier terminated except by court order.

Any proceeding to revoke or modify mandatory supervision under this subparagraph shall be conducted pursuant to either subdivisions (a)

and (b) of Section 1203.2 or Section 1203.3. During the period when the defendant is under such supervision, unless in actual custody

related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment

imposed by the court. Any time period which is suspended because a person has absconded shall not be credited toward the period of

supervision.

(ii) The portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer pursuant to this

subparagraph shall be known as mandatory supervision.

(6) The sentencing changes made by the act that added this subdivision shall be applied prospectively to any person sentenced on or after

October 1, 2011.

(i) This section shall become operative on January 1, 2014.

SEC. 29. Section 1203.018 of the Penal Code is amended to read:

1203.018. (a) Notwithstanding any other law, this section shall only apply to inmates being held in lieu of bail and on no other basis.

(b) Notwithstanding any other law, the board of supervisors of any county may authorize the correctional administrator, as defined in

paragraph (1) of subdivision (k), to offer a program under which inmates being held in lieu of bail in a county jail or other county correctional

facility may participate in an electronic monitoring program if the conditions specified in subdivision (c) are met.

(c) (1) In order to qualify for participation in an electronic monitoring program pursuant to this section, the inmate must be an inmate with no

holds or outstanding warrants to whom one of the following circumstances applies:

(A) The inmate has been held in custody for at least 30 calendar days from the date of arraignment pending disposition of only

misdemeanor charges.

(B) The inmate has been held in custody pending disposition of charges for at least 60 calendar days from the date of arraignment.

(C) The inmate is appropriate for the program based on a determination by the correctional administrator that the inmate’s participation

would be consistent with the public safety interests of the community.

(2) All participants shall be subject to discretionary review for eligibility and compliance by the correctional administrator consistent with this

section.

(d) The board of supervisors, after consulting with the sheriff and district attorney, may prescribe reasonable rules and regulations under

which an electronic monitoring program pursuant to this section may operate. As a condition of participation in the electronic monitoring

program, the participant shall give his or her consent in writing to participate and shall agree in writing to comply with the rules and

regulations of the program, including, but not limited to, all of the following:

(1) The participant shall remain within the interior premises of his or her residence during the hours designated by the correctional

administrator.

(2) The participant shall admit any person or agent designated by the correctional administrator into his or her residence at any time for

purposes of verifying the participant’s compliance with the conditions of his or her detention.

(3) The electronic monitoring may include global positioning system devices or other supervising devices for the purpose of helping to

verify the participant’s compliance with the rules and regulations of the electronic monitoring program. The electronic devices shall not be

used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant to

be used solely for the purposes of voice identification.

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(4) The correctional administrator in charge of the county correctional facility from which the participant was released may, without further

order of the court, immediately retake the person into custody if the electronic monitoring or supervising devices are unable for any reason

to properly perform their function at the designated place of home detention, if the person fails to remain within the place of home detention

as stipulated in the agreement, if the person willfully fails to pay fees to the provider of electronic home detention services, as stipulated in

the agreement, subsequent to the written notification of the participant that the payment has not been received and that return to custody

may result, or if the person for any other reason no longer meets the established criteria under this section.

(5) A copy of the signed consent to participate and a copy of the agreement to comply with the rules and regulations shall be provided to

the participant and a copy shall be retained by the correctional administrator.

(e) The rules and regulations and administrative policy of the program shall be reviewed on an annual basis by the county board of

supervisors and the correctional administrator. The rules and regulations shall be given to every participant.

(f) Whenever the peace officer supervising a participant has reasonable cause to believe that the participant is not complying with the rules

or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of

confinement, the peace officer may, under general or specific authorization of the correctional administrator, and without a warrant of

arrest, retake the person into custody.

(g) (1) Nothing in this section shall be construed to require the correctional administrator to allow a person to participate in this program if it

appears from the record that the person has not satisfactorily complied with reasonable rules and regulations while in custody. A person

shall be eligible for participation in an electronic monitoring program only if the correctional administrator concludes that the person meets

the criteria for release established under this section and that the person’s participation is consistent with any reasonable rules and

regulations prescribed by the board of supervisors or the administrative policy of the correctional administrator.

(2) The correctional administrator, or his or her designee, shall have discretionary authority consistent with this section to permit program

participation as an alternative to physical custody. All persons approved by the correctional administrator to participate in the electronic

monitoring program pursuant to subdivision (c) who are denied participation and all persons removed from program participation shall be

notified in writing of the specific reasons for the denial or removal. The notice of denial or removal shall include the participant’s appeal

rights, as established by program administrative policy.

(h) The correctional administrator may permit electronic monitoring program participants to seek and retain employment in the community,

attend psychological counseling sessions or educational or vocational training classes, or seek medical and dental assistance.

(i) Willful failure of the program participant to return to the place of home detention prior to the expiration of any period of time during which

he or she is authorized to be away from the place of home detention pursuant to this section and unauthorized departures from the place of

home detention is punishable pursuant to Section 4532.

(j) The board of supervisors may prescribe a program administrative fee to be paid by each electronic monitoring participant.

(k) For purposes of this section, the following terms have the following meanings:

(1) “Correctional administrator” means the sheriff, probation officer, or director of the county department of corrections.

(2) “Electronic monitoring program” includes, but is not limited to, home detention programs, work furlough programs, and work release

programs.

( l ) Notwithstanding any other law, upon request of a local law enforcement agency with jurisdiction over the location where a participant in

an electronic monitoring program is placed, the correctional administrator shall provide the following information regarding participants in

the electronic monitoring program:

(1) The participant’s name, address, and date of birth.

(2) The offense or offenses alleged to have been committed by the participant.

(3) The period of time the participant will be placed on home detention.

(4) Whether the participant successfully completed the prescribed period of home detention or was returned to a county correctional facility,

and if the person was returned to a county correctional facility, the reason for the return.

(5) The gender and ethnicity of the participant.

(m) Any information received by a law enforcement agency pursuant to subdivision ( l ) shall be used only for the purpose of monitoring the

impact of home electronic monitoring programs in the community.

(n) It is the intent of the Legislature that electronic monitoring programs established under this section maintain the highest public

confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply:

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(1) The correctional administrator, with the approval of the board of supervisors, may administer an electronic monitoring program as

provided in this section pursuant to written contracts with appropriate public or private agencies or entities to provide specified program

services. No public or private agency or entity may operate a home detention program pursuant to this section in any county without a

written contract with that county’s correctional administrator. No public or private agency or entity entering into a contract pursuant to this

subdivision may itself employ any person who is in the electronic monitoring program.

(2) Program participants shall undergo the normal booking process for arrestees entering the jail. All electronic monitoring program

participants shall be supervised.

(3) (A) All privately operated electronic monitoring programs shall be under the jurisdiction of, and subject to the terms and conditions of the

contract entered into with, the correctional administrator.

(B) Each contract specified in subparagraph (A) shall include, but not be limited to, all of the following:

(i) A provision whereby the private agency or entity agrees to operate in compliance with any available standards and all state and county

laws applicable to the operation of electronic monitoring programs and the supervision of offenders in an electronic monitoring program.

(ii) A provision that clearly defines areas of respective responsibility and liability of the county and the private agency or entity.

(iii) A provision that requires the private agency or entity to demonstrate evidence of financial responsibility, submitted to and approved by

the board of supervisors, in amounts and under conditions sufficient to fully indemnify the county for reasonably foreseeable public liability,

including legal defense costs that may arise from, or be proximately caused by, acts or omissions of the contractor.

(iv) A provision that requires the private agency or entity to provide evidence of financial responsibility, such as certificates of insurance or

copies of insurance policies, prior to commencing any operations pursuant to the contract or at any time requested by the board of

supervisors or correctional administrator.

(v) A provision that requires an annual review by the correctional administrator to ensure compliance with requirements set by the board of

supervisors and for adjustment of the financial responsibility requirements if warranted by caseload changes or other factors.

(vi) A provision that permits the correctional administrator to immediately terminate the contract with a private agency or entity at any time

that the contractor fails to demonstrate evidence of financial responsibility.

(C) All privately operated electronic monitoring programs shall comply with all applicable ordinances and regulations specified in

subdivision (a) of Section 1208.

(D) The board of supervisors, the correctional administrator, and the designee of the correctional administrator shall comply with Section

1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section.

(E) The failure of the private agency or entity to comply with state or county laws or with the standards established by the contract with the

correctional administrator shall constitute cause to terminate the contract.

(F) Upon the discovery that a private agency or entity with which there is a contract is not in compliance with this paragraph, the

correctional administrator shall give 60 days’ notice to the director of the private agency or entity that the contract may be canceled if the

specified deficiencies are not corrected.

(G) Shorter notice may be given or the contract may be canceled without notice whenever a serious threat to public safety is present

because the private agency or entity has failed to comply with this section.

(H) For purposes of this section, “evidence of financial responsibility” may include, but is not limited to, certified copies of any of the

following:

(i) A current liability insurance policy.

(ii) A current errors and omissions insurance policy.

(iii) A surety bond.

SEC. 30. Section 1203.2 of the Penal Code is amended to read:

1203.2. (a) At any time during the period of supervision of a person (1) released on probation under the care of a probation officer pursuant

to this chapter, (2) released on conditional sentence or summary probation not under the care of a probation officer, (3) placed on

mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject to revocation of

postrelease community supervision pursuant to Section 3455, or (5) subject to revocation of parole supervision pursuant to Section

3000.08, if any probation officer, parole officer, or peace officer has probable cause to believe that the supervised person is violating any

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term or condition of his or her supervision, the officer may, without warrant or other process and at any time until the final disposition of the

case, rearrest the supervised person and bring him or her before the court or the court may, in its discretion, issue a warrant for his or her

rearrest. Upon such rearrest, or upon the issuance of a warrant for rearrest the court may revoke and terminate the supervision of the

person if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation or parole

officer or otherwise that the person has violated any of the conditions of his or her supervision, has become abandoned to improper

associates or a vicious life, or has subsequently committed other offenses, regardless whether he or she has been prosecuted for such

offenses. However, the court shall not terminate parole pursuant to this section. Supervision shall not be revoked for failure of a person to

make restitution imposed as a condition of supervision unless the court determines that the defendant has willfully failed to pay and has the

ability to pay. Restitution shall be consistent with a person’s ability to pay. The revocation, summary or otherwise, shall serve to toll the

running of the period of supervision.

(b) (1) Upon its own motion or upon the petition of the supervised person, the probation or parole officer or the district attorney of the

county in which the person is supervised, the court may modify, revoke, or terminate supervision of the person pursuant to this subdivision,

except that the court shall not terminate parole pursuant to this section. A person supervised on parole or postrelease community

supervision pursuant to Section 3455 may not petition the court pursuant to this section for early release from supervision, and a petition

under this section shall not be filed solely for the purpose of modifying parole. Nothing in this section shall prohibit the court from modifying

parole when acting on its own motion or a petition to revoke parole. The court shall give notice of its motion, and the probation or parole

officer or the district attorney shall give notice of his or her petition to the supervised person, his or her attorney of record, and the district

attorney or the probation or parole officer, as the case may be. The supervised person shall give notice of his or her petition to the

probation or parole officer and notice of any motion or petition shall be given to the district attorney in all cases. The court shall refer its

motion or the petition to the probation or parole officer. After the receipt of a written report from the probation or parole officer, the court

shall read and consider the report and either its motion or the petition and may modify, revoke, or terminate the supervision of the

supervised person upon the grounds set forth in subdivision (a) if the interests of justice so require.

(2) The notice required by this subdivision may be given to the supervised person upon his or her first court appearance in the proceeding.

Upon the agreement by the supervised person in writing to the specific terms of a modification or termination of a specific term of

supervision, any requirement that the supervised person make a personal appearance in court for the purpose of a modification or

termination shall be waived. Prior to the modification or termination and waiver of appearance, the supervised person shall be informed of

his or her right to consult with counsel, and if indigent the right to secure court appointed counsel. If the supervised person waives his or

her right to counsel a written waiver shall be required. If the supervised person consults with counsel and thereafter agrees to a

modification, revocation, or termination of the term of supervision and waiver of personal appearance, the agreement shall be signed by

counsel showing approval for the modification or termination and waiver.

(c) Upon any revocation and termination of probation the court may, if the sentence has been suspended, pronounce judgment for any time

within the longest period for which the person might have been sentenced. However, if the judgment has been pronounced and the

execution thereof has been suspended, the court may revoke the suspension and order that the judgment shall be in full force and effect.

In either case, the person shall be delivered over to the proper officer to serve his or her sentence, less any credits herein provided for.

(d) In any case of revocation and termination of probation, including, but not limited to, cases in which the judgment has been pronounced

and the execution thereof has been suspended, upon the revocation and termination, the court may, in lieu of any other sentence, commit

the person to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if he or she is otherwise eligible for such

commitment.

(e) If probation has been revoked before the judgment has been pronounced, the order revoking probation may be set aside for good

cause upon motion made before pronouncement of judgment. If probation has been revoked after the judgment has been pronounced, the

judgment and the order which revoked the probation may be set aside for good cause within 30 days after the court has notice that the

execution of the sentence has commenced. If an order setting aside the judgment, the revocation of probation, or both is made after the

expiration of the probationary period, the court may again place the person on probation for that period and with those terms and conditions

as it could have done immediately following conviction.

(f) As used in this section, the following definitions shall apply:

(1) “Court” means a judge, magistrate, or revocation hearing officer described in Section 71622.5 of the Government Code.

(2) “Probation officer” means a probation officer as described in Section 1203 or an officer of the agency designated by the board of

supervisors of a county to implement postrelease community supervision pursuant to Section 3451.

(3) “Supervised person” means a person who satisfies any of the following:

(A) He or she is released on probation subject to the supervision of a probation officer.

(B) He or she is released on conditional sentence or summary probation not under the care of a probation officer.

(C) He or she is subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.

(D) He or she is subject to revocation of postrelease community supervision pursuant to Section 3455.

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(E) He or she is subject to revocation of parole pursuant to Section 3000.08.

(g) Nothing in this section affects the authority of the supervising agency to impose intermediate sanctions, including flash incarceration, to

persons supervised on parole pursuant to Section 3000.8 or postrelease community supervision pursuant to Part 3 (commencing with

Section 3450) of Title 2.05.

SEC. 31. Section 1203.3 of the Penal Code is amended to read:

1203.3. (a) The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of

imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good

conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.

The court shall also have the authority at any time during the term of mandatory supervision pursuant to subparagraph (B) of paragraph (5)

of subdivision (h) of Section 1170 to revoke, modify, or change the conditions of the court’s order suspending the execution of the

concluding portion of the supervised person’s term.

(b) The exercise of the court’s authority in subdivision (a) to revoke, modify, or change probation or mandatory supervision, or to terminate

probation, is subject to the following:

(1) Before any sentence or term or condition of probation or condition of mandatory supervision is modified, a hearing shall be held in open

court before the judge. The prosecuting attorney shall be given a two-day written notice and an opportunity to be heard on the matter,

except that, as to modifying or terminating a protective order in a case involving domestic violence, as defined in Section 6211 of the

Family Code, the prosecuting attorney shall be given a five-day written notice and an opportunity to be heard.

(A) If the sentence or term or condition of probation or the term or any condition of mandatory supervision is modified pursuant to this

section, the judge shall state the reasons for that modification on the record.

(B) As used in this section, modification of sentence shall include reducing a felony to a misdemeanor.

(2) No order shall be made without written notice first given by the court or the clerk thereof to the proper probation officer of the intention to

revoke, modify, or change its order.

(3) In all probation cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the

defendant shall at the end of the term of probation or any extension thereof, be by the court discharged subject to the provisions of these

sections.

(4) The court may modify the time and manner of the term of probation for purposes of measuring the timely payment of restitution

obligations or the good conduct and reform of the defendant while on probation. The court shall not modify the dollar amount of the

restitution obligations due to the good conduct and reform of the defendant, absent compelling and extraordinary reasons, nor shall the

court limit the ability of payees to enforce the obligations in the manner of judgments in civil actions.

(5) Nothing in this section shall be construed to prohibit the court from modifying the dollar amount of a restitution order pursuant to

subdivision (f) of Section 1202.4 at any time during the term of the probation.

(6) The court may limit or terminate a protective order that is a condition of probation or mandatory supervision in a case involving domestic

violence, as defined in Section 6211 of the Family Code. In determining whether to limit or terminate the protective order, the court shall

consider if there has been any material change in circumstances since the crime for which the order was issued, and any issue that relates

to whether there exists good cause for the change, including, but not limited to, consideration of all of the following:

(A) Whether the probationer or supervised person has accepted responsibility for the abusive behavior perpetrated against the victim.

(B) Whether the probationer or supervised person is currently attending and actively participating in counseling sessions.

(C) Whether the probationer or supervised person has completed parenting counseling, or attended alcoholics or narcotics counseling.

(D) Whether the probationer or supervised person has moved from the state, or is incarcerated.

(E) Whether the probationer or supervised person is still cohabiting, or intends to cohabit, with any subject of the order.

(F) Whether the defendant has performed well on probation or mandatory supervision, including consideration of any progress reports.

(G) Whether the victim desires the change, and if so, the victim’s reasons, whether the victim has consulted a victim advocate, and whether

the victim has prepared a safety plan and has access to local resources.

(H) Whether the change will impact any children involved, including consideration of any child protective services information.

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(I) Whether the ends of justice would be served by limiting or terminating the order.

(c) If a probationer is ordered to serve time in jail, and the probationer escapes while serving that time, the probation is revoked as a matter

of law on the day of the escape.

(d) If probation is revoked pursuant to subdivision (c), upon taking the probationer into custody, the probationer shall be accorded a hearing

or hearings consistent with the holding in the case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that hearing or hearings is not

to revoke probation, as the revocation has occurred as a matter of law in accordance with subdivision (c), but rather to afford the defendant

an opportunity to require the prosecution to establish that the alleged violation did in fact occur and to justify the revocation.

(e) This section does not apply to cases covered by Section 1203.2.

SEC. 32. Section 1203.9 of the Penal Code is amended to read:

1203.9. (a) Whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case

to the superior court in any other county in which the person resides permanently, meaning with the stated intention to remain for the

duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states

its reasons on the record. Upon notice of the motion for transfer, the court of the proposed receiving county may provide comments for the

record regarding the proposed transfer, following procedures set forth in rules of court developed by the Judicial Council for this purpose,

pursuant to subdivision (e). The court and the probation department shall give the matter of investigating those transfers precedence over

all actions or proceedings therein, except actions or proceedings to which special precedence is given by law, to the end that all those

transfers shall be completed expeditiously.

(b) The court of the receiving county shall accept the entire jurisdiction over the case.

(c) Notwithstanding subdivision (a), whenever a person is granted probation under Section 1210.1, the sentencing court shall transfer

jurisdiction of the entire case, upon a finding by the receiving court of the person’s permanent residency in the receiving county, unless

there is a determination on the record that the transfer would be inappropriate.

(d) The order of transfer shall contain an order committing the probationer or supervised person to the care and custody of the probation

officer of the receiving county and, if applicable, an order for reimbursement of reasonable costs for processing the transfer to be paid to

the sending county in accordance with Section 1203.1b. A copy of the orders and any probation reports shall be transmitted to the court

and probation officer of the receiving county within two weeks of the finding that the person does permanently reside in or has permanently

moved to that county, and thereafter the receiving court shall have entire jurisdiction over the case, with the like power to again request

transfer of the case whenever it seems proper.

(e) The Judicial Council shall promulgate rules of court for procedures by which the proposed receiving county shall receive notice of the

motion for transfer and by which responsive comments may be transmitted to the court of the transferring county. The Judicial Council shall

adopt rules providing factors for the court’s consideration when determining the appropriateness of a transfer, including, but not limited to,

the following:

(1) Permanency of residence of the offender.

(2) Local programs available for the offender.

(3) Restitution orders and victim issues.

SEC. 33. Section 3000 of the Penal Code is amended to read:

3000. (a) (1) The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of

the offender into society and to positive citizenship. It is in the interest of public safety for the state to provide for the effective supervision of

and surveillance of parolees, including the judicious use of revocation actions, and to provide educational, vocational, family and personal

counseling necessary to assist parolees in the transition between imprisonment and discharge. A sentence resulting in imprisonment in the

state prison pursuant to Section 1168 or 1170 shall include a period of parole supervision or postrelease community supervision, unless

waived, or as otherwise provided in this article.

(2) The Legislature finds and declares that it is not the intent of this section to diminish resources allocated to the Department of

Corrections and Rehabilitation for parole functions for which the department is responsible. It is also not the intent of this section to

diminish the resources allocated to the Board of Parole Hearings to execute its duties with respect to parole functions for which the board is

responsible.

(3) The Legislature finds and declares that diligent effort must be made to ensure that parolees are held accountable for their criminal

behavior, including, but not limited to, the satisfaction of restitution fines and orders.

(4) For any person subject to a sexually violent predator proceeding pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of

Part 2 of Division 6 of the Welfare and Institutions Code, an order issued by a judge pursuant to Section 6601.5 of the Welfare and

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Institutions Code, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the

petition is likely to engage in sexually violent predatory criminal behavior upon his or her release, shall toll the period of parole of that

person, from the date that person is released by the Department of Corrections and Rehabilitation as follows:

(A) If the person is committed to the State Department of Mental Health as a sexually violent predator and subsequently a court orders that

the person be unconditionally discharged, the parole period shall be tolled until the date the judge enters the order unconditionally

discharging that person.

(B) If the person is not committed to the State Department of Mental Health as a sexually violent predator, the tolling of the parole period

shall be abrogated and the parole period shall be deemed to have commenced on the date of release from the Department of Corrections

and Rehabilitation.

(5) Paragraph (4) applies to persons released by the Department of Corrections and Rehabilitation on or after January 1, 2012. Persons

released by the Department of Corrections and Rehabilitation prior to January 1, 2012, shall continue to be subject to the law governing the

tolling of parole in effect on December 31, 2011.

(b) Notwithstanding any provision to the contrary in Article 3 (commencing with Section 3040) of this chapter, the following shall apply to

any inmate subject to Section 3000.08:

(1) In the case of any inmate sentenced under Section 1168 for a crime committed prior to July 1, 2013, the period of parole shall not

exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has

received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the Board of Parole

Hearings for good cause waives parole and discharges the inmate from custody of the department. This subdivision shall also be

applicable to inmates who committed crimes prior to July 1, 1977, to the extent specified in Section 1170.2. In the case of any inmate

sentenced under Section 1168 for a crime committed on or after July 1, 2013, the period of parole shall not exceed five years in the case of

an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall

not exceed three years in the case of any other inmate, unless in either case the department for good cause waives parole and discharges

the inmate from custody of the department.

(2) (A) For a crime committed prior to July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of

imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the

inmate shall be released on parole for a period not exceeding three years, except that any inmate sentenced for an offense specified in

paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period not exceeding 10 years,

unless a longer period of parole is specified in Section 3000.1.

(B) For a crime committed on or after July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of

imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the

inmate shall be released on parole for a period of three years, except that any inmate sentenced for an offense specified in paragraph (3),

(4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period of 10 years, unless a longer period of

parole is specified in Section 3000.1.

(3) Notwithstanding paragraphs (1) and (2), in the case of any offense for which the inmate has received a life sentence pursuant to

subdivision (b) of Section 209, with the intent to commit a specified sex offense, or Section 667.51, 667.61, or 667.71, the period of parole

shall be 10 years, unless a longer period of parole is specified in Section 3000.1.

(4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the case of a person convicted of and required to register as a sex offender for

the commission of an offense specified in Section 261, 262, 264.1, 286, 288a, paragraph (1) of subdivision (b) of Section 288, Section

288.5, or 289, in which one or more of the victims of the offense was a child under 14 years of age, the period of parole shall be 20 years

and six months unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written

record of this determination and transmit a copy of it to the parolee.

(B) In the event of a retention on parole, the parolee shall be entitled to a review by the board each year thereafter.

(C) There shall be a board hearing consistent with the procedures set forth in Sections 3041.5 and 3041.7 within 12 months of the date of

any revocation of parole to consider the release of the inmate on parole, and notwithstanding the provisions of paragraph (3) of subdivision

(b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible

for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the

circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of

incarceration or unless there is a new prison commitment following a conviction.

(D) The provisions of Section 3042 shall not apply to any hearing held pursuant to this subdivision.

(5) (A) The Board of Parole Hearings shall consider the request of any inmate whose commitment offense occurred prior to July 1, 2013,

regarding the length of his or her parole and the conditions thereof.

(B) For an inmate whose commitment offense occurred on or after July 1, 2013, except for those inmates described in Section 3000.1, the

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department shall consider the request of the inmate regarding the length of his or her parole and the conditions thereof. For those inmates

described in Section 3000.1, the Board of Parole Hearings shall consider the request of the inmate regarding the length of his or her parole

and the conditions thereof.

(6) Upon successful completion of parole, or at the end of the maximum statutory period of parole specified for the inmate under paragraph

(1), (2), (3), or (4), as the case may be, whichever is earlier, the inmate shall be discharged from custody. The date of the maximum

statutory period of parole under this subdivision and paragraphs (1), (2), (3), and (4) shall be computed from the date of initial parole and

shall be a period chronologically determined. Time during which parole is suspended because the prisoner has absconded or has been

returned to custody as a parole violator shall not be credited toward any period of parole unless the prisoner is found not guilty of the parole

violation. However, the period of parole is subject to the following:

(A) Except as provided in Section 3064, in no case may a prisoner subject to three years on parole be retained under parole supervision or

in custody for a period longer than four years from the date of his or her initial parole.

(B) Except as provided in Section 3064, in no case may a prisoner subject to five years on parole be retained under parole supervision or

in custody for a period longer than seven years from the date of his or her initial parole.

(C) Except as provided in Section 3064, in no case may a prisoner subject to 10 years on parole be retained under parole supervision or in

custody for a period longer than 15 years from the date of his or her initial parole.

(7) The Department of Corrections and Rehabilitation shall meet with each inmate at least 30 days prior to his or her good time release

date and shall provide, under guidelines specified by the parole authority or the department, whichever is applicable, the conditions of

parole and the length of parole up to the maximum period of time provided by law. The inmate has the right to reconsideration of the length

of parole and conditions thereof by the department or the parole authority, whichever is applicable. The Department of Corrections and

Rehabilitation or the board may impose as a condition of parole that a prisoner make payments on the prisoner’s outstanding restitution

fines or orders imposed pursuant to subdivision (a) or (c) of Section 13967 of the Government Code, as operative prior to September 28,

1994, or subdivision (b) or (f) of Section 1202.4.

(8) For purposes of this chapter, and except as otherwise described in this section, the board shall be considered the parole authority.

(9) (A) On and after July 1, 2013, the sole authority to issue warrants for the return to actual custody of any state prisoner released on

parole rests with the court pursuant to Section 1203.2, except for any escaped state prisoner or any state prisoner released prior to his or

her scheduled release date who should be returned to custody, and Section 5054.1 shall apply.

(B) Notwithstanding subparagraph (A), any warrant issued by the Board of Parole Hearings prior to July 1, 2013, shall remain in full force

and effect until the warrant is served or it is recalled by the board. All prisoners on parole arrested pursuant to a warrant issued by the

board shall be subject to a review by the board prior to the department filing a petition with the court to revoke the parole of the petitioner.

(10) It is the intent of the Legislature that efforts be made with respect to persons who are subject to Section 290.011 who are on parole to

engage them in treatment.

SEC. 34. Section 3000.03 of the Penal Code is amended to read:

3000.03. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation shall not return to prison, place a

parole hold on pursuant to Section 3056, or report any parole violation to the Board of Parole Hearings or the court, as applicable,

regarding any person to whom all of the following criteria apply:

(a) The person is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.

(b) The person was not committed to prison for a serious felony as defined in Sections 1192.7 and 1192.8, or a violent felony, as defined in

Section 667.5, and does not have a prior conviction for a serious felony, as defined in Section 1192.7 and 1192.8, or a violent felony, as

defined in Section 667.5.

(c) The person was not committed to prison for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and

Institutions Code and does not have a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the

Welfare and Institutions Code.

(d) The person was not found guilty of a serious disciplinary offense, as defined in regulation by the department, during his or her current

term of imprisonment.

(e) The person is not a validated prison gang member or associate, as defined in regulation by the department.

(f) The person did not refuse to sign any forms, or provide any samples, as required by Section 3060.5.

(g) The person was evaluated by the department using a validated risk assessment tool and was not determined to pose a high risk to

reoffend.

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SEC. 35. Section 3000.08 of the Penal Code, as amended by Section 18 of Chapter 12 of the First Extraordinary Session of the Statutes of

2011, is amended to read:

3000.08. (a) Persons released from state prison prior to or on or after July 1, 2013, after serving a prison term or, whose sentence has

been deemed served pursuant to Section 2900.5, for any of the following crimes shall be subject to parole supervision by the Department

of Corrections and Rehabilitation and the jurisdiction of the court in the county where the parolee is released or resides for the purpose of

hearing petitions to revoke parole and impose a term of custody:

(1) A serious felony as described in subdivision (c) of Section 1192.7.

(2) A violent felony as described in subdivision (c) of Section 667.5.

(3) A crime for which the person was sentenced pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision

(c) of Section 1170.12.

(4) Any crime where the person eligible for release from prison is classified as a High Risk Sex Offender.

(5) Any crime where the person is required, as a condition of parole, to undergo treatment by the Department of Mental Health pursuant to

Section 2962.

(b) Notwithstanding any other provision of law, all other offenders released from prison shall be placed on postrelease supervision pursuant

to Title 2.05 (commencing with Section 3450).

(c) At any time during the period of parole of a person subject to this section, if any parole agent or peace officer has probable cause to

believe that the parolee is violating any term or condition of his or her parole, the agent or officer may, without warrant or other process and

at any time until the final disposition of the case, arrest the person and bring him or her before the court, or the court may, in its discretion,

issue a warrant for that person’s arrest pursuant to Section 1203.2.

(d) Upon review of the alleged violation and a finding of good cause that the parolee has committed a violation of law or violated his or her

conditions of parole, the supervising parole agency may impose additional and appropriate conditions of supervision, including

rehabilitation and treatment services and appropriate incentives for compliance, and impose immediate, structured, and intermediate

sanctions for parole violations, including flash incarceration in a county jail. Periods of “flash incarceration,” as defined in subdivision (e) are

encouraged as one method of punishment for violations of a parolee’s conditions of parole. Nothing in this section is intended to preclude

referrals to a reentry court pursuant to Section 3015.

(e) “Flash incarceration” is a period of detention in county jail due to a violation of a parolee’s conditions of parole. The length of the

detention period can range between one and 10 consecutive days. Shorter, but if necessary more frequent, periods of detention for

violations of a parolee’s conditions of parole shall appropriately punish a parolee while preventing the disruption in a work or home

establishment that typically arises from longer periods of detention.

(f) If the supervising parole agency has determined, following application of its assessment processes, that intermediate sanctions up to

and including flash incarceration are not appropriate, the supervising parole agency shall, pursuant to Section 1203.2, petition the court in

the county in which the parolee is being supervised to revoke parole. At any point during the process initiated pursuant to this section, a

parolee may waive, in writing, his or her right to counsel, admit the parole violation, waive a court hearing, and accept the proposed parole

modification or revocation. The petition shall include a written report that contains additional information regarding the petition, including the

relevant terms and conditions of parole, the circumstances of the alleged underlying violation, the history and background of the parolee,

and any recommendations. The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to

implement this subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the

conditions of parole, the court shall have authority to do any of the following:

(1) Return the person to parole supervision with modifications of conditions, if appropriate, including a period of incarceration in county jail.

(2) Revoke parole and order the person to confinement in the county jail.

(3) Refer the person to a reentry court pursuant to Section 3015 or other evidence-based program in the court’s discretion.

(g) Confinement pursuant to paragraphs (1) and (2) of subdivision (f) shall not exceed a period of 180 days in the county jail.

(h) Notwithstanding any other provision of law, in any case where Section 3000.1 or paragraph (4) of subdivision (b) of Section 3000

applies to a person who is on parole and the court determines that the person has committed a violation of law or violated his or her

conditions of parole, the person on parole shall be remanded to the custody of the Department of Corrections and Rehabilitation and the

jurisdiction of the Board of Parole Hearings for the purpose of future parole consideration.

(i) Notwithstanding subdivision (a), any of the following persons released from state prison shall be subject to the jurisdiction of, and parole

supervision by, the Department of Corrections and Rehabilitation for a period of parole up to three years or the parole term the person was

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subject to at the time of the commission of the offense, whichever is greater:

(1) The person is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, and

was subject to a period of parole exceeding three years at the time he or she committed a felony for which they were convicted and

subsequently sentenced to state prison.

(2) The person was subject to parole for life pursuant to Section 3000.1 at the time of the commission of the offense that resulted in a

conviction and state prison sentence.

(j) Parolees subject to this section who have a pending adjudication for a parole violation on July 1, 2013, shall be subject to the jurisdiction

of the Board of Parole Hearings. Parole revocation proceedings conducted by the Board of Parole Hearings prior to July 1, 2013, if

reopened on or after July 1, 2013, shall be subject to the jurisdiction of the Board of Parole Hearings.

(k) Except as described in subdivision (c), any person who is convicted of a felony that requires community supervision and who still has a

period of state parole to serve shall discharge from state parole at the time of release to community supervision.

( l ) This section shall become operative on July 1, 2013.

SEC. 36. Section 3000.09 of the Penal Code is amended to read:

3000.09. (a) Notwithstanding any other law, any parolee who was paroled from state prison prior to October 1, 2011, shall be subject to this

section.

(b) Parolees subject to this section shall remain under supervision by the Department of Corrections and Rehabilitation until one of the

following occurs:

(1) Jurisdiction over the person is terminated by operation of law.

(2) The supervising agent recommends to the Board of Parole Hearings that the offender be discharged and the parole authority approves

the discharge.

(3) The offender is subject to a period of parole of up to three years pursuant to paragraph (1) of subdivision (b) of Section 3000 and was

not imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, a serious felony, as defined by subdivision (c)

of Section 1192.7, or is required to register as a sex offender pursuant to Section 290, and completes six consecutive months of parole

without violating their conditions, at which time the supervising agent shall review and make a recommendation on whether to discharge

the offender to the Board of Parole Hearings and the Board of Parole Hearings approves the discharge.

(c) Parolees subject to this section who are being held for a parole violation in state prison on October 1, 2011, upon completion of a

revocation term on or after November 1, 2011, shall either remain under parole supervision of the department pursuant to Section 3000.08

or shall be placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450). Any person placed on

postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) after serving a term for a parole revocation

pursuant to this subdivision shall serve a period of postrelease supervision that is no longer than the time period for which the person

would have served if the person remained on parole. Notwithstanding Section 3000.08, any parolee who is in a county jail serving a term of

parole revocation or being held pursuant to Section 3056 on October 1, 2011, and is released directly from county jail without returning to a

state facility on or after October 1, 2011, shall remain under the parole supervision of the department. Any parolee that is pending final

adjudication of a parole revocation charge prior to October 1, whether located in county jail or state prison, may be returned to state prison

and shall be confined pursuant to subdivisions (a) to (d), inclusive, of Section 3057. Any subsequent parole revocations of a parolee on

postrelease community supervision shall be served in county jail pursuant to Section 3056.

(d) Any parolee who was paroled prior to October 1, 2011, who commits a violation of parole shall, until July 1, 2013, be subject to parole

revocation procedures in accordance with the rules and regulations of the department consistent with Division 2 of Title 15 of the California

Code of Regulations. On and after July 1, 2013, any parolee who was paroled prior to October 1, 2011, shall be subject to the procedures

established under Section 3000.08.

SEC. 37. Section 3000.1 of the Penal Code is amended to read:

3000.1. (a) (1) In the case of any inmate sentenced under Section 1168 for any offense of first or second degree murder with a maximum

term of life imprisonment, the period of parole, if parole is granted, shall be the remainder of the inmate’s life.

(2) Notwithstanding any other provision of law, in the case of any inmate sentenced to a life term under subdivision (b) of Section 209, if

that offense was committed with the intent to commit a specified sexual offense, Sections 269 and 288.7, subdivision (c) of Section 667.51,

Section 667.71 in which one or more of the victims of the offense was a child under 14 years of age, or subdivision (j), (l), or (m) of Section

667.61, the period of parole, if parole is granted, shall be the remainder of the inmate’s life.

(b) Notwithstanding any other provision of law, when any person referred to in paragraph (1) of subdivision (a) has been released on parole

from the state prison, and has been on parole continuously for seven years in the case of any person imprisoned for first degree murder,

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and five years in the case of any person imprisoned for second degree murder, since release from confinement, the board shall, within 30

days, discharge that person from parole, unless the board, for good cause, determines that the person will be retained on parole. The

board shall make a written record of its determination and transmit a copy of it to the parolee.

(c) In the event of a retention on parole pursuant to subdivision (b), the parolee shall be entitled to a review by the board each year

thereafter.

(d) There shall be a hearing as provided in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole of a

person referred to in subdivision (a) to consider the release of the inmate on parole and, notwithstanding the provisions of paragraph (3) of

subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or

otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it

determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more

lengthy period of incarceration or unless there is a new prison commitment following a conviction.

(e) The provisions of Section 3042 shall not apply to any hearing held pursuant to this section.

SEC. 38. Section 3001 of the Penal Code is amended to read:

3001. (a) (1) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000

who was not imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, not imprisoned for a serious felony,

as defined by subdivision (c) of Section 1192.7, or is not required to register as a sex offender pursuant to Section 290, has been released

on parole from the state prison, and has been on parole continuously for six months since release from confinement, within 30 days, that

person shall be discharged from parole, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole

Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained.

(2) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who is

required to register as a sex offender pursuant to the Sex Offender Registration Act or who was imprisoned for committing a serious felony

described in either subdivision (c) of Section 1192.7 or subdivision (a) of Section 1192.8, has been released on parole from the state

prison, and has been on parole continuously for one year since release from confinement, within 30 days, that person shall be discharged

from parole, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be

retained on parole and the board, for good cause, determines that the person will be retained.

(3) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who was

imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, has been released on parole from the state prison

for a period not exceeding three years and has been on parole continuously for two years since release from confinement, or has been

released on parole from the state prison for a period not exceeding five years and has been on parole continuously for three years since

release from confinement, the department shall discharge, within 30 days, that person from parole, unless the department recommends to

the board that the person be retained on parole and the board, for good cause, determines that the person will be retained. The board shall

make a written record of its determination and the department shall transmit a copy thereof to the parolee.

(4) This subdivision shall apply only to those persons whose commitment offense occurred prior to the effective date of the act adding this

paragraph.

(b) Notwithstanding any other provision of law, when any person referred to in paragraph (1) of subdivision (b) of Section 3000, with the

exception of persons described in paragraph (2) of subdivision (a) of Section 3000.1, has been released on parole from the state prison,

and has been on parole continuously for three years since release from confinement, the board shall discharge, within 30 days, the person

from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record

of its determination and the department shall transmit a copy of that determination to the parolee.

(c) Notwithstanding any other provision of law, when any person referred to in paragraph (3) of subdivision (b) of Section 3000 has been

released on parole from the state prison, and has been on parole continuously for six years and six months since release from

confinement, the board shall discharge, within 30 days, the person from parole, unless the board, for good cause, determines that the

person will be retained on parole. The board shall make a written record of its determination and the department shall transmit a copy

thereof to the parolee.

(d) In the event of a retention on parole, the parolee shall be entitled to a review by the Board of Parole Hearings each year thereafter until

the maximum statutory period of parole has expired.

(e) The amendments to this section made during the 1987-88 Regular Session of the Legislature shall only be applied prospectively and

shall not extend the parole period for any person whose eligibility for discharge from parole was fixed as of the effective date of those

amendments.

(f) The Department of Corrections and Rehabilitation shall, within 60 days from the date that the act adding this subdivision is effective,

submit to the Board of Parole Hearings recommendations pursuant to paragraph (2) of subdivision (a) for any person described in that

paragraph who has been released from state prison from October 1, 2010, to the effective date of this subdivision, and who has been on

parole continuously for one year since his or her release from confinement. A person who meets the criteria in this subdivision who are not

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retained on parole by the Board of Parole Hearings by the 91st day after the effective date of this subdivision shall be discharged from

parole. (g) The amendments made to subdivision (a) during the 2011-12 Regular Session and the First Extraordinary Session of the

Legislature shall apply prospectively from October 1, 2011, and no person on parole prior to October 1, 2011, shall be discharged from

parole pursuant to subdivision (a) unless one of the following circumstances exist:

(1) The person has been on parole continuously for six consecutive months after October 1, 2011, and the person is not retained by the

Board of Parole Hearings for good cause.

(2) The person has, on or after October 1, 2011, been on parole for one year and the Board of Parole Hearings does not retain the person

for good cause.

SEC. 39. Section 3004 of the Penal Code is amended to read:

3004. (a) Notwithstanding any other law, the Board of Parole Hearings, the court, or the supervising parole authority may require, as a

condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, that an inmate or

parolee agree in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify his or her compliance

with all other conditions of parole. The devices shall not be used to eavesdrop or record any conversation, except a conversation between

the parolee and the agent supervising the parolee which is to be used solely for the purposes of voice identification.

(b) Every inmate who has been convicted for any felony violation of a “registerable sex offense” described in subdivision (c) of Section 290

or any attempt to commit any of the above-mentioned offenses and who is committed to prison and released on parole pursuant to Section

3000 or 3000.1 shall be monitored by a global positioning system for life.

(c) Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global

positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an

inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and

restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global

positioning monitoring.

SEC. 40. Section 3041.1 of the Penal Code is amended to read:

3041.1. Up to 90 days prior to a scheduled release date, the Governor may request review of any decision by a parole authority concerning

the grant or denial of parole to any inmate in a state prison. The Governor shall state the reason or reasons for the request, and whether

the request is based on a public safety concern, a concern that the gravity of current or past convicted offenses may have been given

inadequate consideration, or on other factors. When a request has been made, the request shall be reviewed by a majority of

commissioners specifically appointed to hear adult parole matters and who are holding office at the time. In case of a review, a vote in

favor of parole by a majority of the commissioners reviewing the request shall be required to grant parole to any inmate. In carrying out any

review, the board shall comply with the provisions of this chapter.

SEC. 41. Section 3053.2 of the Penal Code is amended to read:

3053.2. (a) Upon the request of the victim, or the victim’s parent or legal guardian if the victim is a minor, the Board of Parole Hearings or

the supervising parole agency shall impose the following condition on the parole of a person released from prison for an offense involving

threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a person specified in Section 6211 of the Family

Code:

Compliance with a protective order enjoining the parolee from threatening, stalking, sexually abusing, harassing, or taking further violent

acts against the victim and, if appropriate, compliance with any or all of the following:

(1) An order prohibiting the parolee from having personal, telephonic, electronic, media, or written contact with the victim.

(2) An order prohibiting the parolee from coming within at least 100 yards of the victim or the victim’s residence or workplace.

(3) An order excluding the parolee from the victim’s residence.

(b) The Board of Parole Hearings or the supervising parole agency may impose the following condition on the parole of a person released

from prison for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a person

specified in Section 6211 of the Family Code:

For persons who committed the offense prior to January 1, 1997, participation in a batterer’s program, as specified in this section, for the

entire period of parole. For persons who committed the offense after January 1, 1997, successful completion of a batterer’s program, which

shall be a condition of release from parole. If no batterer’s program is available, another appropriate counseling program designated by the

parole agent or officer, for a period of not less than one year, with weekly sessions of a minimum of two hours of classroom time. The

program director shall give periodic progress reports to the parole agent or officer at least every three months.

(c) The parole agent or officer shall refer the parolee only to a batterer’s program that follows the standards outlined in Section 1203.097

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and immediately following sections.

(d) The parolee shall file proof of enrollment in a batterer’s program with the parole agent or officer within 30 days after the first meeting

with his or her parole agent or officer, if he or she committed the offense after January 1, 1997, or within 30 days of receiving notice of this

parole condition, if he or she committed the offense prior to January 1, 1997.

(e) The parole agent or officer shall conduct an initial assessment of the parolee, which information shall be provided to the batterer’s

program. The assessment shall include, but not be limited to, all of the following:

(1) Social, economic, and family background.

(2) Education.

(3) Vocational achievements.

(4) Criminal history, prior incidents of violence, and arrest reports.

(5) Medical history.

(6) Substance abuse history.

(7) Consultation with the probation officer.

(8) Verbal consultation with the victim, only if the victim desires to participate.

(f) Upon request of the victim, the victim shall be notified of the release of the parolee and the parolee’s location and parole agent or officer.

If the victim requests notification, he or she shall also be informed that attendance in any program does not guarantee that an abuser will

not be violent.

(g) The parole agent or officer shall advise the parolee that the failure to enroll in a specified program, as directed, may be considered a

parole violation that would result in possible further incarceration.

(h) The director of the batterer’s program shall immediately report any violation of the terms of the protective order issued pursuant to

paragraph (3) of subdivision (a), including any new acts of violence or failure to comply with the program requirements, to the parolee’s

parole agent or officer.

(i) Upon recommendation of the director of the batterer’s program, a parole agent or officer may require a parolee to participate in

additional sessions throughout the parole period, unless he or she finds that it is not in the interests of justice to do so. In deciding whether

the parolee would benefit from more sessions, the parole agent or officer shall consider whether any of the following conditions exist:

(1) The parolee has been violence-free for a minimum of six months.

(2) The parolee has cooperated and participated in the batterer’s program.

(3) The parolee demonstrates an understanding of, and practices, positive conflict resolution skills.

(4) The parolee blames, degrades, or has committed acts that dehumanize the victim or puts the victim’s safety at risk, including, but not

limited to, molesting, stalking, striking,

attacking, threatening, sexually assaulting, or battering the victim.

(5) The parolee demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an

intimate relationship.

(6) The parolee has made threats to harm another person in any manner.

(7) The parolee demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim.

SEC. 42. Section 3053.4 of the Penal Code is amended to read:

3053.4. In the case of any person who is released from prison on parole or after serving a term of imprisonment for any felony offense

committed against the person or property of another individual, private institution, or public agency because of the victim’s actual or

perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, gender identity, gender expression, or

sexual orientation, including, but not limited to, offenses defined in Section 422.6, 422.7, 422.75, 594.3, or 11411, the Board of Parole

Hearings or the supervising parole agency, absent compelling circumstances, shall order the defendant as a condition of parole to refrain

from further acts of violence, threats, stalking, or harassment of the victim, or known immediate family or domestic partner of the victim,

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including stay-away conditions when appropriate. In these cases, the parole authority may also order that the defendant be required as a

condition of parole to complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a oneyear

counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is

available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community.

SEC. 43. Section 3056 of the Penal Code is amended to read:

3056. (a) Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in

subdivision (b) or as provided by subdivision (c) of Section 3000.09. A parolee awaiting a parole revocation hearing may be housed in a

county jail while awaiting revocation proceedings. If a parolee is housed in a county jail, he or she shall be housed in the county in which he

or she was arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail in that county, in the

housing facility with which that county has contracted to house jail inmates. Additionally, except as provided by subdivision (c) of Section

3000.09, upon revocation of parole, a parolee may be housed in a county jail for a maximum of 180 days per revocation. When housed in

county facilities, parolees shall be under the sole legal custody and jurisdiction of local county facilities. A parolee shall remain under the

sole legal custody and jurisdiction of the local county or local correctional administrator, even if placed in an alternative custody program in

lieu of incarceration, including, but not limited to, work furlough and electronic home detention. When a parolee is under the legal custody

and jurisdiction of a county facility awaiting parole revocation proceedings or upon revocation, he or she shall not be under the parole

supervision or jurisdiction of the department. When released from the county facility or county alternative custody program following a

period of custody for revocation of parole or because no violation of parole is found, the parolee shall be returned to the parole supervision

of the department for the duration of parole.

(b) Inmates paroled pursuant to Section 3000.1 may be returned to prison following the revocation of parole by the Board of Parole

Hearings until July 1, 2013, and thereafter by a court pursuant to Section 3000.08.

(c) A parolee who is subject to subdivision (a) but who is under 18 years of age may be housed in a facility of the Division of Juvenile

Facilities.

SEC. 44. Section 3059 of the Penal Code is amended to read:

3059. If any paroled prisoner shall leave the state without permission of his or her supervising parole agency, he or she shall be held as an

escaped prisoner and arrested as such.

SEC. 45. Section 3060.5 of the Penal Code is amended to read:

3060.5. Notwithstanding any other provision of law, the parole authority shall revoke the parole of any prisoner who refuses to sign any

form required by the Department of Justice stating that the duty of the prisoner to register under Section 290 has been explained to the

prisoner, unless the duty to register has not been explained to the prisoner, or refuses to provide samples of blood or saliva as required by

the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),

and shall order the prisoner returned to prison. Confinement pursuant to any single revocation of parole under this section shall not, absent

a new conviction and commitment to prison under other provisions of law, exceed six months, except as provided in subdivision (c) of

Section 3057.

SEC. 46. Section 3060.6 of the Penal Code is amended to read:

3060.6. Notwithstanding any other provision of law, on or after January 1, 2001, whenever any paroled person is returned to custody or has

his or her parole revoked for conduct described in subdivision (c) of Section 290, the supervising parole agency shall report the

circumstances that were the basis for the return to custody or revocation of parole to the law enforcement agency and the district attorney

that has primary jurisdiction over the community in which the circumstances occurred and to the Department of Corrections and

Rehabilitation. Upon the release of the paroled person, the Department of Corrections and Rehabilitation shall inform the law enforcement

agency and the district attorney that has primary jurisdiction over the community in which the circumstances occurred and, if different, the

county in which the person is paroled or discharged, of the circumstances that were the basis for the return to custody or revocation of

parole.

SEC. 47. Section 3060.7 of the Penal Code is amended to read:

3060.7. (a) (1) Notwithstanding any other law, the supervising parole agency shall notify any person released on parole or postrelease

community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 who has been classified by the Department of

Corrections as included within the highest control or risk classification that he or she shall be required to report to his or her assigned

parole officer or designated local supervising agency within two days of release from the state prison.

(2) This section shall not prohibit the supervising parole agency or local supervising agency from requiring any person released on parole

or postrelease community supervision to report to his or her assigned parole officer within a time period that is less than two days from the

time of release.

(b) The parole authority, within 24 hours of a parolee’s failure to report as required by this section, shall issue a written order suspending

the parole of that parolee, pending a hearing before the parole authority, and shall issue a warrant for the parolee’s arrest.

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(c) Upon the issuance of an arrest warrant for a parolee who has been classified within the highest control or risk classification, the

assigned parole officer shall continue to carry the parolee on his or her regular caseload and shall continue to search for the parolee’s

whereabouts.

(d) With regard to any inmate subject to this section, the Department of Corrections and Rehabilitation shall release an inmate sentenced

prior to the effective date of this section one or two days before his or her scheduled release date if the inmate’s release date falls on the

day before a holiday or weekend.

(e) With regard to any inmate subject to this section, the Department of Corrections and Rehabilitation shall release an inmate one or two

days after his or her scheduled release date if the release date falls on the day before a holiday or weekend.

(f) This section shall remain in effect only until July 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted

before July 1, 2013, deletes or extends that date.

SEC. 48. Section 3060.7 is added to the Penal Code, to read:

3060.7. (a) (1) Notwithstanding any other law, the supervising parole agency shall notify any person released on parole or postrelease

community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 who has been classified by the Department of

Corrections as included within the highest control or risk classification that he or she shall be required to report to his or her assigned

parole officer or designated local supervising agency within two days of release from the state prison.

(2) This section shall not prohibit the supervising parole agency or local supervising agency from requiring any person released on parole

or postrelease community supervision to report to his or her assigned parole officer within a time period that is less than two days from the

time of release.

(b) The supervising parole agency, within 24 hours of a parolee’s failure to report as required by this section, shall issue a written order

suspending the parole of that parolee, pending a hearing before the Board of Parole Hearings or the court, as applicable, and shall request

that a warrant be issued for the parolee’s arrest pursuant to subdivision (c) of Section 3000.08.

(c) Upon the issuance of an arrest warrant for a parolee who has been classified within the highest control or risk classification, the

assigned parole officer shall continue to carry the parolee on his or her regular caseload and shall continue to search for the parolee’s

whereabouts.

(d) With regard to any inmate subject to this section, the Department of Corrections and Rehabilitation shall release an inmate sentenced

prior to the effective date of this section one or two days before his or her scheduled release date if the inmate’s release date falls on the

day before a holiday or weekend.

(e) With regard to any inmate subject to this section, the Department of Corrections and Rehabilitation shall release an inmate one or two

days after his or her scheduled release date if the release date falls on the day before a holiday or weekend.

(f) This section shall become operative on July 1, 2013.

SEC. 49. Section 3067 of the Penal Code is amended to read:

3067. (a) Any inmate who is eligible for release on parole pursuant to this chapter or postrelease community supervision pursuant to Title

2.05 (commencing with Section 3450) of Part 3 shall be given notice that he or she is subject to terms and conditions of his or her release

from prison.

(b) The notice shall include all of the following:

(1) The person’s release date and the maximum period the person may be subject to supervision under this title.

(2) An advisement that if the person violates any law or violates any condition of his or her release that he or she may be incarcerated in a

county jail or, if previously paroled pursuant to Section 3000.1 or paragraph (4) of subdivision (b) of Section 3000, returned to state prison,

regardless of whether new charges are filed.

(3) An advisement that he or she is subject to search or seizure by a probation or parole officer or other peace officer at any time of the day

or night, with or without a search warrant or with or without cause.

(c) This section shall only apply to an inmate who is eligible for release on parole for an offense committed on or after January 1, 1997.

(d) It is not the intent of the Legislature to authorize law enforcement officers to conduct searches for the sole purpose of harassment.

(e) This section does not affect the power of the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend

rules and regulations pursuant to Section 5058.

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SEC. 50. Section 3452 of the Penal Code is amended to read:

3452. (a) A person who is eligible for postrelease community supervision pursuant to this title shall be given notice that he or she is subject

to postrelease community supervision prior to his or her release from prison. A person who is on parole and is then transferred to

postrelease community supervision shall be given notice that he or she is subject to postrelease community supervision prior to his or her

release from state prison.

(b) A postrelease community supervision notice shall specify the following:

(1) The person’s release date and the maximum period the person may be subject to postrelease supervision under this title.

(2) The name, address, and telephone number of the county agency responsible for the person’s postrelease supervision.

(3) An advisement that if a person breaks the law or violates the conditions of release, he or she can be incarcerated in a county jail

regardless of whether or not new charges are filed.

SEC. 51. Section 3453 of the Penal Code is amended to read:

3453. Postrelease community supervision shall include the following conditions:

(a) The person shall be informed of the conditions of release.

(b) The person shall obey all laws.

(c) The person shall report to the supervising county agency within two working days of release from custody.

(d) The person shall follow the directives and instructions of the supervising county agency.

(e) The person shall report to the supervising county agency as directed by that agency.

(f) The person, and his or her residence and possessions, shall be subject to search at any time of the day or night, with or without a

warrant, by an agent of the supervising county agency or by a peace officer.

(g) The person shall waive extradition if found outside the state.

(h) The person shall inform the supervising county agency of the person’s place of residence, employment, education, or training.

(i) (1) The person shall inform the supervising county agency of any pending or anticipated changes in residence, employment, education,

or training.

(2) If the person enters into new employment, he or she shall inform the supervising county agency of the new employment within three

business days of that entry.

(j) The person shall immediately inform the supervising county agency if he or she is arrested or receives a citation.

(k) The person shall obtain the permission of the supervising county agency to travel more than 50 miles from the person’s place of

residence.

( l ) The person shall obtain a travel pass from the supervising county agency before he or she may leave the county or state for more than

two days.

(m) The person shall not be in the presence of a firearm or ammunition, or any item that appears to be a firearm or ammunition.

(n) The person shall not possess, use, or have access to any weapon listed in Section 12020, 16140, subdivision (c) of Section 16170,

Section 16220, 16260, 16320, 16330, or 16340, subdivision (b) of Section 16460, Section 16470, subdivision (f) of Section 16520, or

Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330,

17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410,

20510, 20611, 20710, 20910, 21110, 21310, 21810, 22010, 22015, 22210, 22215, 22410, 32430, 24310, 24410, 24510, 24610, 24680,

24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410, 32415, 32420, 32425, 32435, 32440, 32445, 32450, 32900, 33215, 33220,

33225, or 33600.

(o) (1) Except as provided in paragraph (2) and subdivision (p), the person shall not possess a knife with a blade longer than two inches.

(2) The person may possess a kitchen knife with a blade longer than two inches if the knife is used and kept only in the kitchen of the

person’s residence.

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(p) The person may use a knife with a blade longer than two inches, if the use is required for that person’s employment, the use has been

approved in a document issued by the supervising county agency, and the person possesses the document of approval at all times and

makes it available for inspection.

(q) The person shall waive any right to a court hearing prior to the imposition of a period of “flash incarceration” in a county jail of not more

than 10 consecutive days for any violation of his or her postrelease supervision conditions.

(r) The person shall participate in rehabilitation programming as recommended by the supervising county agency.

(s) The person shall be subject to arrest with or without a warrant by a peace officer employed by the supervising county agency or, at the

direction of the supervising county agency, by any peace officer when there is probable cause to believe the person has violated the terms

and conditions of his or her release.

SEC. 52. Section 3455 of the Penal Code is amended to read:

3455. (a) If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions

as authorized in subdivision (b) of Section 3454 are not appropriate, the supervising county agency shall petition the court pursuant to

Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this

section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision,

waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a

written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease

community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, and any

recommendations. The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this

subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the conditions of

postrelease community supervision, the revocation hearing officer shall have authority to do all of the following:

(1) Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of

incarceration in county jail.

(2) Revoke and terminate postrelease community supervision and order the person to confinement in the county jail.

(3) Refer the person to a reentry court pursuant to Section 3015 or other evidence-based program in the court’s discretion. (b) (1) At any

time during the period of postrelease community supervision, if any peace officer has probable cause to believe a person subject to

postrelease community supervision is violating any term or condition of his or her release, the officer may, without a warrant or other

process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors

pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a

court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a

warrant for that person’s arrest.

(2) The court or its designated hearing officer shall have the authority to issue a warrant for any person who is the subject of a petition filed

under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody

a person who does appear at a hearing on the petition for any reason in the interests of justice. (c) The revocation hearing shall be held

within a reasonable time after the filing of the revocation petition. Based upon a showing of a preponderance of the evidence that a person

under supervision poses an unreasonable risk to public safety, or the person may not appear if released from custody, or for any reason in

the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain

in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may

order the person confined pending his or her first court appearance. (d) Confinement pursuant to paragraphs (1) and (2) of subdivision (a)

shall not exceed a period of 180 days in the county jail for each custodial sanction. (e) A person shall not remain under supervision or in

custody pursuant to this title on or after three years from the date of the person’s initial entry onto postrelease community supervision,

except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456.

SEC. 53. Section 3456.5 is added to the Penal Code, to read:

3456.5. (a) (1) The local supervising agency, in coordination with the sheriff or local correctional administrator, may require any person that

is to be released from county jail or a local correctional facility into postrelease community supervision to report to a supervising agent or

designated local supervising agency within two days of release from the county jail or local correction facility.

(2) This section shall not prohibit the local supervising agency from requiring any person released on postrelease community supervision to

report to his or her assigned supervising agent within a time period that is less than two days from the time of release.

(b) With regard to any inmate subject to this section, the sheriff or local correctional administrator may release an inmate sentenced prior to

the effective date of the act adding this section one or two days before his or her scheduled release date if the inmate’s release date falls

on the day before a holiday or weekend.

SEC. 54. Section 4024.1 of the Penal Code is amended to read:

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4024.1. (a) The sheriff, chief of police, or any other person responsible for a county or city jail may apply to the presiding judge of the

superior court to receive general authorization for a period of 30 days to release inmates pursuant to the provisions of this section.

(b) Whenever, after being authorized by a court pursuant to subdivision (a), the actual inmate count exceeds the actual bed capacity of a

county or city jail, the sheriff, chief of police, or other person responsible for such county or city jail may accelerate the release, discharge,

or expiration of sentence date of sentenced inmates up to a maximum of 30 days.

(c) The total number of inmates released pursuant to this section shall not exceed a number necessary to balance the inmate count and

actual bed capacity.

(d) Inmates closest to their normal release, discharge, or expiration of sentence date shall be given accelerated release priority.

(e) The number of days that release, discharge, or expiration of sentence is accelerated shall in no case exceed 10 percent of the

particular inmate’s original sentence, prior to the application thereto of any other credits or benefits authorized by law.

SEC. 55. Section 4115.55 of the Penal Code is amended to read:

4115.55. (a) Upon agreement with the sheriff or director of the county department of corrections, a board of supervisors may enter into a

contract with other public agencies to provide housing for inmates sentenced to county jail in community correctional facilities created

pursuant to Chapter 7 (commencing with Section 2910) of Title 1 or Chapter 9.5 (commencing with Section 6250) of Title 7.

(b) Facilities operated pursuant to agreements entered into under subdivision (a)shall comply with the minimum standards for local

detention facilities as provided by Chapter 1 (commencing with Section 3000) of Division 3 of Title 15 of the California Code of Regulations.

SEC. 56. Section 4536 of the Penal Code is amended to read:

4536. (a) Every person committed to a state hospital or other public or private mental health facility as a mentally disordered sex offender,

who escapes from or who escapes while being conveyed to or from such state hospital or other public or private mental health facility, is

punishable by imprisonment in the state prison or in the county jail not to exceed one year. The term imposed pursuant to this section shall

be served consecutively to any other sentence or commitment.

(b) The medical director or person in charge of a state hospital or other public or private mental health facility to which a person has been

committed as a mentally disordered sex offender shall promptly notify the chief of police of the city in which the hospital or facility is

located, or the sheriff of the county if the hospital or facility is located in an unincorporated area, of the escape of the person, and shall

request the assistance of the chief of police or sheriff in apprehending the person, and shall, within 48 hours of the escape of the person,

orally notify the court that made the commitment, the prosecutor in the case, and the Department of Justice of the escape.

SEC. 57. Section 7510 of the Penal Code is amended to read:

7510. (a) A law enforcement employee who believes that he or she came into contact with bodily fluids of either an inmate of a correctional

institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been

charged with a crime, including a person detained for or charged with an offense for which he or she may be made a ward of the court

under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on

postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or

parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public

Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement

employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject

of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law

enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing

of the subject person shall not be delayed by the processing of other reports or forms.

(b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employee’s shift during which the incident

occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may

waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident,

names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall

assist in the investigation of the incident, as requested by the chief medical officer.

(c) For purposes of this section, Section 7503, and Section 7511, “chief medical officer” means:

(1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility.

(2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison.

(3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility.

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(4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a

court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a

correctional facility, including a person detained for, or charged with, an offense for which he or she may be made a ward of the court under

Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county

health officer of the county in which the individual is jailed or charged with the crime.

(5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county

health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is

employed.

(6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief

medical officer shall designate a physician and surgeon to perform his or her duties under this title.

SEC. 58. Section 7519 of the Penal Code is amended to read:

7519. (a) When an individual, including a minor charged with an offense for which he or she may be made a ward of the court under

Section 602 of the Welfare and Institutions Code, has either been charged with a crime, but is not being held in a correctional institution

due to his or her release, either through the granting of bail, a release on the individual’s own recognizance, or for any other reason, or

been convicted of a crime, but not held in a correctional institution due to the imposition of probation, a fine, or any other alternative

sentence, and the individual is required to undergo initial or followup testing pursuant to this title, the failure of the individual to submit to the

test may be grounds for revocation of the individual’s release or probation or other sentence, whichever is applicable.

(b) Any refusal by a person on parole, probation, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or

postrelease community supervision to submit to testing required pursuant to this title may be ruled as a violation of the person’s parole,

probation, mandatory supervision, or postrelease community supervision.

SEC. 59. Section 7520 of the Penal Code is amended to read:

7520. (a) Upon the release of an inmate from a correctional institution, a medical representative of the institution shall notify the inmate’s

parole or probation officer, where it is the case, that the inmate has tested positive for infection with HIV, or has been diagnosed as having

AIDS or hepatitis B and C. The representative of the correctional institution shall obtain the latest available medical information concerning

any precautions which should be taken under the circumstances, and shall convey that information to the parole or probation officer.

(b) When a parole or probation officer learns from responsible medical authorities that a person on parole, probation, mandatory

supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision under his or her jurisdiction

has AIDS or has tested positive for HIV infection, or hepatitis B or C, the parole or probation officer shall be responsible for ensuring that

the parolee or probationer contacts the county health department in order to be, or through his or her own physician and surgeon is, made

aware of counseling and treatment for AIDS or hepatitis B or C, as appropriate commensurate with that available to the general population

of that county.

SEC. 60. Section 7521 of the Penal Code is amended to read:

7521. (a) When a parole or probation officer learns from responsible medical authorities that a supervised person in his or her custody has

any of the conditions listed in Section 7520, but that the supervised person has not properly informed his or her spouse, the officer may

ensure that this information is relayed to the spouse only through either the chief medical officer of the institution from which the person

was released or the physician and surgeon treating the spouse or the supervised person. The parole or probation officer shall seek to

ensure that proper counseling accompanies release of this information to the spouse, through the person providing the information to the

inmate’s spouse.

(b) If a parole or probation officer has received information from appropriate medical authorities that one of his or her supervised persons is

HIV infected or has AIDS or hepatitis B or C, and the supervised person has a record of assault on a peace officer, and the officer seeks

the aid of local law enforcement officers to apprehend or take into custody the supervised person, he or she shall inform the officers

assisting him or her in apprehending or taking into custody the supervised person, of the person’s condition, to aid them in protecting

themselves from contracting AIDS or hepatitis B or C.

(c) Local law enforcement officers receiving information pursuant to this subdivision shall maintain confidentiality of information received

pursuant to subdivision (b). Willful use or disclosure of this information is a misdemeanor. Parole or probation officers who willfully or

negligently disclose information about AIDS or hepatitis B or C infection, other than as prescribed under this title or any other provision of

law, shall also be guilty of a misdemeanor.

(d) For purposes of this section, “supervised person” means a person on parole, probation, mandatory supervision pursuant to paragraph

(5) of subdivision (h) of Section 1170, or postrelease community supervision.

SEC. 61. Section 11105 of the Penal Code is amended to read:

11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.

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(2) As used in this section:

(A) “State summary criminal history information” means the master record of information compiled by the Attorney General pertaining to the

identification and criminal history of any person, such as name, date of birth, physical description, fingerprints, photographs, date of arrests,

arresting agencies and booking numbers, charges, dispositions, and similar data about the person.

(B) “State summary criminal history information” does not refer to records and data compiled by criminal justice agencies other than the

Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or

security procedures of, the office of the Attorney General and the Department of Justice.

(b) The Attorney General shall furnish state summary criminal history information to any of the following, if needed in the course of their

duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any

other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor

Code shall apply:

(1) The courts of the state.

(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3,

subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31.

(3) District attorneys of the state.

(4) Prosecuting city attorneys of any city within the state.

(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480

of the Civil Code, or Section 11571 of the Health and Safety Code.

(6) Probation officers of the state.

(7) Parole officers of the state.

(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and

pardon pursuant to Section 4852.08.

(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to

paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and

if authorized access by statutory or decisional law.

(10) Any agency, officer, or official of the state if the criminal history information is required to implement a statute or regulation that

expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and

contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the

state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related

information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.

(11) Any city or county, city and county, district, or any officer or official thereof if access is needed in order to assist that agency, officer, or

official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of

supervisors, or governing board of the city, county, or district if the criminal history information is required to implement a statute,

ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal

history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or

county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and

related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.

(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section

11120).

(13) Any person or entity when access is expressly authorized by statute if the criminal history information is required to implement a

statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history

information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.

(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of

the Health and Safety Code.

(15) Any managing or supervising correctional officer of a county jail or other county correctional facility.

(16) Any humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the

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Corporations Code for the appointment of humane officers.

(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support

enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any

documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other

than for offenses related to the parent’s having failed to provide support for minor children, consistent with the requirements of Section

17531 of the Family Code.

(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary

criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of

the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for any

purposes other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains

records obtained both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records

obtained pursuant to the fingerprint check.

(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of

the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and

Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140)

shall apply to officers, members, and employees of a tribal court receiving criminal record offender information pursuant to this section.

(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section

10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section

272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of

the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains

records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained

pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving

criminal record offender information pursuant to this section.

(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.

(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the

Probate Code.

(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.

(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.

(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision,

federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is

furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment,

certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:

(1) Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in

order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a

copy of the data to the person to whom the data relates.

(2) To a peace officer of the state other than those included in subdivision (b).

(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.

(4) To a peace officer of another country.

(5) To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States,

provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United

States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.

(6) To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state

summary criminal history information and for purposes of furthering the rehabilitation of the subject.

(7) The courts of the United States, other states, or territories or possessions of the United States.

(8) Peace officers of the United States, other states, or territories or possessions of the United States.

(9) To any individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or

any foreign nation.

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(10) (A) (i) Any public utility, as defined in Section 216 of the Public Utilities Code, or any cable corporation as defined in subparagraph (B),

if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or

subcontract employees who, in the course of their employment may be seeking entrance to private residences or adjacent grounds. The

information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her

own recognizance pending trial.

(ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current

or prospective employee to whom the data relates.

(iii) Any information obtained from the state summary criminal history is confidential and the receiving public utility or cable corporation shall

not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the

possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment

or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her

own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more

than 30 days after the case is resolved.

(iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a

cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. Any public utility’s or

cable corporation’s request for state summary criminal history information for purposes of employing current or prospective employees who

may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a “compelling

need” as required to be shown in this subdivision.

(v) Nothing in this section shall be construed as imposing any duty upon public utilities or cable corporations to request state summary

criminal history information on any current or prospective employees.

(B) For purposes of this paragraph, “cable corporation” means any corporation or firm that transmits or provides television, computer, or

telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.

(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to

subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history

information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as

authorized by law.

(D) (i) Authority for a cable corporation to request state or federal level criminal history information under this paragraph shall commence

July 1, 2005.

(ii) Authority for a public utility to request federal level criminal history information under this paragraph shall commence July 1, 2005.

(11) To any campus of the California State University or the University of California, or any four year college or university accredited by a

regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for

admission by a convicted felon to any special education program for convicted felons, including, but not limited to, university alternatives

and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be

fingerprinted, and any inquiry to the department under this section shall include the convicted felon’s fingerprints and any other information

specified by the department.

(12) To any foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the

individual’s application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph

shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign

government or its designee and to the individual who requested the information.

(d) Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with

the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment,

licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped “no criminal

record” and returned to the person or entity making the request.

(e) Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment,

licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines

to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a

surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any

other law, any person or entity required to pay a fee to the department for information received under this section may charge the applicant

a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections

11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be

available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to

the systems from which the information is obtained upon appropriation by the Legislature.

(f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent

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registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and

Professions Code shall take priority over the processing of other applicant fingerprints.

(g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of

the subject of the record is not disclosed.

(h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative

proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or

decisional law.

(i) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of

fingerprints for the purpose of conducting summary criminal history information checks that are authorized by law.

(j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing

with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.

(k) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of

Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer

employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830)

of Title 3 of Part 2.

(2) Notwithstanding any other provision of law, whenever state summary criminal history information is furnished pursuant to paragraph (1),

the Department of Justice shall disseminate the following information:

(A) Every conviction rendered against the applicant.

(B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released

on bail or on his or her own recognizance pending trial.

(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided however that where the records of the

Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the

disposition of the arrest.

(D) Every successful diversion.

(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee

preemployment criminal offender record information search requests. ( l ) (1) This subdivision shall apply whenever state or federal

summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency

or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification

purposes.

(2) Notwithstanding any other provision of law, whenever state summary criminal history information is furnished pursuant to paragraph (1),

the Department of Justice shall disseminate the following information:

(A) Every conviction rendered against the applicant.

(B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released

on bail or on his or her own recognizance pending trial.

(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or did not result in a

conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However,

information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals

that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a

detention.

(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee

preemployment criminal offender record information search requests.

(m) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of

Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of

the Health and Safety Code, or any statute that incorporates the criteria of any of those sections or this subdivision by reference, and the

information is to be used for employment, licensing, or certification purposes.

(2) Notwithstanding any other provision of law, whenever state summary criminal history information is furnished pursuant to paragraph (1),

the Department of Justice shall disseminate the following information:

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(A) Every conviction of an offense rendered against the applicant.

(B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released

on bail or on his or her own recognizance pending trial.

(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522

of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not

contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.

(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not

disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in either the successful completion of a

diversion program or exoneration.

(n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or

certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or

individual pursuant to any of the following:

(A) Paragraph (9) of subdivision (c), when the information is to be used by a cable corporation.

(B) Section 11105.3 or 11105.4.

(C) Section 15660 of the Welfare and Institutions Code.

(D) Any statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision,

by reference.

(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding

any other provision of law, whenever state summary criminal history information is furnished pursuant to paragraph (1), the Department of

Justice shall disseminate the following information:

(A) Every conviction rendered against the applicant for a violation or attempted violation of any offense specified in subdivision (a) of

Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required

pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction

occurred within 10 years of the date of the agency’s request for information or the conviction is over 10 years old but the subject of the

request was incarcerated within 10 years of the agency’s request for information.

(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and

Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on

his or her own recognizance pending trial.

(o) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of

Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 550 of the Financial Code, or any

statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for

employment, licensing, or certification purposes.

(2) Notwithstanding any other provision of law, whenever state summary criminal history information is furnished pursuant to paragraph (1),

the Department of Justice shall disseminate the following information:

(A) Every conviction rendered against the applicant for a violation or attempted violation of any offense specified in Section 550 of the

Financial Code.

(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code for which the applicant is

presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.

(p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the

result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation

company authorized pursuant to Section 11105.3, or any statute that incorporates the criteria of that section or this subdivision by

reference, and the information is to be used for employment, licensing, or certification purposes.

(2) Notwithstanding any other provisions of law, whenever state summary criminal history information is furnished pursuant to paragraph

(1), the Department of Justice shall disseminate the following information:

(A) Every conviction rendered against the applicant.

(B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released

on bail or on his or her own recognizance pending trial.

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(q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of

Justice for subsequent arrest notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an

agency, organization, or individual to contract with the Department of Justice for subsequent arrest notification pursuant to Section

11105.2.

(r) Nothing in this section shall be construed to mean that the Department of Justice shall cease compliance with any other statutory

notification requirements.

(s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history

information.

SEC. 62. Section 12022.1 of the Penal Code is amended to read:

12022.1. (a) For the purposes of this section only:

(1) “Primary offense” means a felony offense for which a person has been released from custody on bail or on his or her own recognizance

prior to the judgment becoming final, including the disposition of any appeal, or for which release on bail or his or her own recognizance

has been revoked. In cases where the court has granted a stay of execution of a county jail commitment or state prison commitment,

“primary offense” also means a felony offense for which a person is out of custody during the period of time between the pronouncement of

judgment and the time the person actually surrenders into custody or is otherwise returned to custody.

(2) “Secondary offense” means a felony offense alleged to have been committed while the person is released from custody for a primary

offense.

(b) Any person arrested for a secondary offense which was alleged to have been committed while that person was released from custody

on a primary offense shall be subject to a penalty enhancement of an additional two years which shall be served consecutive to any other

term imposed by the court.

(c) The enhancement allegation provided in subdivision (b) shall be pleaded in the information or indictment which alleges the secondary

offense, or in the information or indictment of the primary offense if a conviction has already occurred in the secondary offense, and shall

be proved as provided by law. The enhancement allegation may be pleaded in a complaint but need not be proved at the preliminary

hearing or grand jury hearing.

(d) Whenever there is a conviction for the secondary offense and the enhancement is proved, and the person is sentenced on the

secondary offense prior to the conviction of the primary offense, the imposition of the enhancement shall be stayed pending imposition of

the sentence for the primary offense. The stay shall be lifted by the court hearing the primary offense at the time of sentencing for that

offense and shall be recorded in the abstract of judgment. If the person is acquitted of the primary offense the stay shall be permanent.

(e) If the person is convicted of a felony for the primary offense, is sentenced to state prison for the primary offense, and is convicted of a

felony for the secondary offense, any sentence for the secondary offense shall be consecutive to the primary sentence and the aggregate

term shall be served in the state prison, even if the term for the secondary offense specifies imprisonment in county jail pursuant to

subdivision (h) of Section 1170.

(f) If the person is convicted of a felony for the primary offense, is granted probation for the primary offense, and is convicted of a felony for

the secondary offense, any sentence for the secondary offense shall be enhanced as provided in subdivision (b).

(g) If the primary offense conviction is reversed on appeal, the enhancement shall be suspended pending retrial of that felony. Upon retrial

and reconviction, the enhancement shall be reimposed. If the person is no longer in custody for the secondary offense upon reconviction of

the primary offense, the court may, at its discretion, reimpose the enhancement and order him or her recommitted to custody.

SEC. 63. Section 13300 of the Penal Code is amended to read:

13300. (a) As used in this section:

(1) “Local summary criminal history information” means the master record of information compiled by any local criminal justice agency

pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any

person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions,

and similar data about the person.

(2) “Local summary criminal history information” does not refer to records and data compiled by criminal justice agencies other than that

local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security

procedures of, the local agency.

(3) “Local agency” means a local criminal justice agency.

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(b) A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their

duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any

entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code

shall apply:

(1) The courts of the state.

(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section

830.3, and subdivisions (a), (b), and (c) of Section 830.5.

(3) District attorneys of the state.

(4) Prosecuting city attorneys of any city within the state.

(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480

of the Civil Code, or Section 11571 of the Health and Safety Code.

(6) Probation officers of the state.

(7) Parole officers of the state.

(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and

pardon pursuant to Section 4852.08.

(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or

postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.

(10) Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute,

regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal

history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.

(11) Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency,

officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council,

board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to

implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local

summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal

conduct.

(12) The subject of the local summary criminal history information.

(13) Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to

implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local

summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal

conduct.

(14) Any managing or supervising correctional officer of a county jail or other county correctional facility.

(15) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support

enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any

documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other

than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family

Code.

(16) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary

criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the

Welfare and Institutions Code.

(17) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. A local agency

may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.

(c) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following,

provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity,

in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall

apply:

(1) Any public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed

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to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this

information to the person to whom the information relates.

(2) To a peace officer of the state other than those included in subdivision (b).

(3) To a peace officer of another country.

(4) To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States,

provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United

States, other states, or possessions or territories of the United States when this information is needed for the performance of their official

duties.

(5) To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local

summary criminal history information and for purposes of furthering the rehabilitation of the subject.

(6) The courts of the United States, other states, or territories or possessions of the United States.

(7) Peace officers of the United States, other states, or territories or possessions of the United States.

(8) To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States

or any foreign nation.

(9) Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will

be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of

convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.

If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the

information relates.

Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its

contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the

public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods,

except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the

state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal

periods.

A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the

violation a cause of action against the public utility to recover damages proximately caused by the violation.

Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information

on any current or prospective employee.

Seeking entrance to private residences in the course of employment shall be deemed a “compelling need” as required to be shown in this

subdivision.

(10) Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement

agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as

these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the

prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.

Any local government’s request for local summary criminal history information for purposes of screening a prospective concessionaire and

their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease,

or other property interest is deemed a “compelling need” as required by this subdivision. However, only local summary criminal history

information pertaining to criminal convictions may be obtained pursuant to this paragraph.

Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its

contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local

government and all copies made from it shall be destroyed not more than 30 days after the local government’s final decision to grant or

deny consent to, or approval of, the prospective concessionaire’s application for, or acquisition of, a beneficial interest in a concession,

lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or

official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or

associates.

(d) Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with

the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or

certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped “no criminal record” and

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returned to the person or entity making the request.

(e) A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover

the cost of taking the fingerprints and processing the required documents.

(f) Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or

certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to

reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement

agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for

employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for

information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.

(g) Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.

(h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of

the subject of the record is not disclosed.

(i) It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative

proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or

decisional law.

(j) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the

Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the

interest of justice, or the public’s understanding of the justice system and the person making the request declares that the request is made

for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that

he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall

be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor

and shall be enforced as a civil judgment.

(k) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of

fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.

( l ) Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace

officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person

did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace

officer or applicant.

(m) Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace

officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a

deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a

deferred entry of judgment program to a government agency employer of that peace officer or applicant. (n) Notwithstanding subdivision

( l ) or (m), a local criminal justice agency shall not release information under the following circumstances:

(1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to

determine whether diversion or a deferred entry of judgment program has been successfully completed.

(2) Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual

was exonerated.

(3) Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully

completed or the individual was exonerated.

SEC. 64. Section 13821 of the Penal Code is amended to read:

13821. (a) For the 2011-12 fiscal year, the Controller shall allocate 9 percent of the amount deposited in the Local Law Enforcement

Services Account in the Local Revenue Fund 2011 to the California Emergency Management Agency. The Controller shall allocate these

funds on a quarterly basis beginning on October 1. These funds shall be allocated by the Controller pursuant to a schedule provided by the

California Emergency Management Agency which shall be developed according to the agency’s existing programmatic guidelines and the

following percentages:

(1) The California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal year.

(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2 percent in the 2011-12 fiscal year.

(3) The Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal year.

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(4) The High Technology Theft Apprehension and Prosecution Program, authorized by Section 13848.2, shall receive 26.83 percent in the

2011-12 fiscal year.

(5) The Gang Violence Suppression Program authorized by Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal year.

(6) The Central Valley and Central Coast Rural Crime Prevention Programs, authorized by Sections 14170 and 14180, shall receive 9.06

percent in the 2011-12 fiscal year. (b) For the 2011-12 fiscal year, the California Emergency Management Agency may be reimbursed up

to five hundred eleven thousand dollars ($511,000) from the funds allocated in subdivision (a) for program administrative costs.

(c) Commencing with the 2012-13 fiscal year, the Controller shall allocate 8.35 percent of the amount deposited in the Enhancing Law

Enforcement Activities Subaccount in the Local Revenue Fund 2011 and shall distribute the moneys as follows:

(1) Commencing with the 2012-13 fiscal year, the California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52

percent and shall be allocated by the Controller according to the following schedule:+ + + Alameda County 1.7109% + + + Alpine County

0.6327% + + + Amador County 0.6327% + + + Butte County 1.6666% + + + Calaveras County 0.8435% + + + Colusa County 0.1623% + +

+ Contra Costa County 1.3163%+ + + Del Norte County 0.2167% + + + El Dorado County 1.3716% + + + Fresno County 5.3775% + + +

Glenn County 0.2130% + + + Humboldt County 1.0198% + + + Imperial County 2.5510% + + + Inyo County 0.6327% + + + Kern County

5.6938% + + + Kings County 0.9701% + + + Lake County 0.6604% + + + Lassen County 0.2643% + + + Los Angeles County 5.3239% + +

+ Madera County 0.9701% + + + Marin County 0.6292% + + + Mariposa County 0.6327% + + + Mendocino County 0.6846% + + + Merced

County 1.8136% + + + Modoc County 0.0734% + + + Mono County 0.6327% + + + Monterey County 0.9018% + + + Napa County

0.6803% + + + Nevada County 0.7482% + + + Orange County 1.5661% + + + Placer County 2.6395% + + + Plumas County 0.1516% + +

+ Riverside County 5.6395% + + + Sacramento County 10.0169% + + + San Benito County 0.8404% + + + San Bernardino 8.9364%

County+ + + San Diego County 2.5510% + + + San Francisco County1.0034%+ + + San Joaquin County 4.6394% + + + San Luis Obispo

1.3483%County+ + + San Mateo County 1.1224% + + + Santa Barbara County1.3483%+ + + Santa Clara County 2.0612% + + + Santa

Cruz County 0.8333% + + + Shasta County 1.3426% + + + Sierra County 0.0245% + + + Siskiyou County 0.3401% + + + Solano County

1.8979% + + + Sonoma County 1.1610% + + + Stanislaus County 3.6272% + + + Sutter County 0.7177% + + + Tehama County 0.4808%

+ + + Trinity County 0.1044% + + + Tulare County 2.5306% + + + Tuolumne County 0.6327% + + + Ventura County 1.3483% + + + Yolo

County 1.5215% + + + Yuba County 0.5466% + + +(2) Commencing with the 2012-13 fiscal year, the Multi-Agency Gang Enforcement

Consortium shall receive 0.2 percent and shall be allocated by the Controller to Fresno County.

(3) Commencing with the 2012-13 fiscal year, the Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive

12.48 percent and shall be allocated by the Controller according to the following schedule: + + + Los Angeles 21.0294% County+ + +

Riverside County12.8778%+ + + Sacramento 14.0198%County+ + + San Luis Obispo 12.0168% County+ + + Santa Clara 17.0238%

County+ + + Shasta County 12.0168% + + + Tulare County 11.0156% + + +(4) Commencing with the 2012-13 fiscal year, the High

Technology Theft Apprehension and Prosecution Program, authorized by Section 13848.2, shall receive 26.83 percent and shall be

allocated by the Controller according to the following schedule:+ + + Los Angeles County 18.25% + + + Marin County 18.25% + + + Marin

County, for use by theDepartment of Justice in 7.00%implementing subdivision (b) of Section 13848.4+ + + Marin County, for use by

theCalifornia District Attorneys 1.75%Association in implementing subdivision (b) of Section 13848.4 + + + Sacramento County 18.25% + +

+ San Diego County 18.25% + + + Santa Clara County 18.25% + + +(5) Commencing with the 2012-13 fiscal year, the Gang Violence

Suppression Program, authorized by Section 13826.1, shall receive 3.91 percent and shall be allocated by the Controller according to the

following schedule:+ + + Alameda County 9.6775% + + + Los Angeles 22.5808%County+ + + Monterey County 9.6775%+ + + Napa

County 17.7417% + + + City of Oxnard 17.7417% + + + City of 22.5808%Sacramento+ + + (6) Commencing with the 2012-13 fiscal year,

the Central Valley and Central Coast Rural Crime Prevention Programs, authorized by Sections 14170 and 14180, shall receive 9.06

percent and shall be allocated by the Controller according to the following schedule:+ + + Fresno County 18.5588% + + + Kern County

13.7173% + + + Kings County 6.8587% + + + Madera County 4.4380% + + + Merced County 6.8587% + + + Monterey County 7.2411% +

+ + San Benito County 4.8273%+ + + San Joaquin County6.8587%+ + +San Luis Obispo 2.1723% County+ + + Santa Barbara 3.6206%

County+ + + Santa Cruz County 1.4482%+ + + Stanislaus 6.8587%County+ + + Tulare County 16.5415% + + +(d) For any of the programs

described in this section, funding will be distributed by local agencies as would otherwise have occurred pursuant to Section 1 of Chapter

13 of the Statutes of 2011, First Extraordinary Session.

SEC. 65. Section 13826.1 of the Penal Code, as amended by Section 229 of Chapter 36 of the Statutes of 2011, is amended to read:

13826.1. (a) There is hereby established in the Board of State and Community Corrections, the Gang Violence Suppression Program, a

program of financial and technical assistance for district attorneys’ offices, local law enforcement agencies, county probation departments,

school districts, county offices of education, or any consortium thereof, and community-based organizations which are primarily engaged in

the suppression of gang violence. (b) Funds made available pursuant to this chapter are intended to ensure the highest quality provision of

services and to reduce unnecessary duplication. Funds disbursed under this chapter shall not supplant local funds that would, in the

absence of the Gang Violence Suppression Program, be made available to support the activities set forth in this chapter. Funds awarded

under this program as local assistance grants shall not be subject to review as specified in Section 10295 of the Public Contract Code.

SEC. 66. Section 13826.1 of the Penal Code, as amended by Section 62 of Chapter 36 of the Statutes of 2011, is amended to read:

13826.1. (a) There is hereby established in the Board of State and Community Corrections, the Gang Violence Suppression Program, a

program of financial and technical assistance for district attorneys’ offices, local law enforcement agencies, county probation departments,

school districts, county offices of education, or any consortium thereof, and community-based organizations which are primarily engaged in

the suppression of gang violence. (b) Funds made available pursuant to this chapter are intended to ensure the highest quality provision of

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services and to reduce unnecessary duplication. Funds disbursed under this chapter shall not supplant local funds that would, in the

absence of the Gang Violence Suppression Program, be made available to support the activities set forth in this chapter. Funds awarded

under this program as local assistance grants shall not be subject to review as specified in Section 10295 of the Public Contract Code.

SEC. 67. Section 13826.15 of the Penal Code, as amended by Section 230 of Chapter 36 of the Statutes of 2010, is amended to read:

13826.15. (a) The Legislature hereby finds and declares that the implementation of the Gang Violence Suppression Program, as provided

in this chapter, has made a positive impact in the battle against crimes committed by gang members in California. (b) The Legislature

further finds and declares that the program, when it was originally created in 1981, provided financial and technical assistance only for

district attorneys’ offices. Since that time, however, the provisions of the program have been amended by the Legislature to enable

additional public entities and community-based organizations to participate in the program.

SEC. 68. Section 13826.15 of the Penal Code, as amended by Section 63 of Chapter 36 of the Statutes of 2011, is amended to read:

13826.15. (a) The Legislature hereby finds and declares that the implementation of the Gang Violence Suppression Program, as provided

in this chapter, has made a positive impact in the battle against crimes committed by gang members in California. (b) The Legislature

further finds and declares that the program, when it was originally created in 1981, provided financial and technical assistance only for

district attorneys’ offices. Since that time, however, the provisions of the program have been amended by the Legislature to enable

additional public entities and community-based organizations to participate in the program.

SEC. 69. Section 13826.2 of the Penal Code is amended to read:

13826.2. Gang violence prosecution units receiving funds under this chapter are encouraged to concentrate enhanced prosecution efforts

and resources upon cases identified under the suggested criteria set forth in Section 13826.3. Enhanced prosecution efforts may include,

but not be limited to:

(a) “Vertical” prosecutorial representation, whereby the prosecutor who makes the initial filing or appearance in a gang-related case will

perform all subsequent court appearances on that particular case through its conclusion, including the sentencing phase.

(b) Assignment of highly qualified investigators and prosecutors to gang-related cases.

(c) Significant reduction of caseloads for investigators and prosecutors assigned to gang-related cases.

(d) Measures taken in coordination with law enforcement agencies to protect cooperating witnesses from intimidation or retribution at the

hands of gang members or associates.

SEC. 70. Section 13826.3 of the Penal Code is amended to read:

13826.3. (a) An individual is subject to gang violence prosecution efforts if he or she is under arrest for the commission or the attempted

commission of any gang-related violent crime where the individual is (1) a known member of a gang, and (2) has exhibited a prior criminal

background.

(b) For purposes of this chapter, “gang-related” means that the suspect or victim of the crime is a known member of a gang.

(c) For purposes of this chapter, gang violence prosecution includes both criminal prosecutions and proceedings in Juvenile Court in which

a petition is filed pursuant to Section 602 of the Welfare and Institutions Code.

SEC. 71. Section 13826.4 of the Penal Code is amended to read:

13826.4. Law enforcement agencies receiving funds under this chapter are encouraged to concentrate enhanced law enforcement efforts

and resources upon cases identified under criteria set forth in Section 13826.3. Enhanced law enforcement criteria efforts may include, but

not be limited to:

(a) The formation of a specialized gang violence unit whose staff shall be composed of the most highly qualified and trained personnel.

(b) The efforts of the gang violence unit may include, but not be limited to:

(1) Increased efforts to apprehend, prosecute, and convict violent “hard core” target gang members.

(2) Increasing the clearance rate of reported crimes which are targeted as gang related.

(3) Establishing more positive relations with, and encouraging the support of local citizens, community-based organizations, business

representatives, and other criminal agencies.

(4) Aiding and assisting other criminal justice and governmental agencies in protecting cooperating witnesses from intimidation or

retribution at the hands of gang members and their associates.

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(c) Law enforcement agencies receiving funds under this program shall maintain a crime analysis capability which provides the following

type of information:

(1) Identification of active gang members who have exhibited a prior criminal background.

(2) Identification of evolving or existing crime patterns that are gang related.

(3) Providing investigative leads.

(4) Maintaining statistical information pertaining to gang related criminal activity.

SEC. 72. Section 13826.5 of the Penal Code is amended to read:

13826.5. County probation departments receiving funding under this chapter shall strictly enforce court-ordered conditions of probation for

gang members.

(a) County probation departments supported under the Gang Violence Suppression Program may implement the following activities:

(1) A Gang Violence Intensive Supervision Unit dealing with gang members may be established.

(2) Criteria used to determine which probationer may be assigned to the Gang Violence Intensive Supervision Unit may be approved by the

district attorney having a Gang Violence Prosecution Unit described in Section 13826.2.

(3) County probation departments are encouraged to inform probationers whose cases are assigned to the intensive supervision unit of

what types of behavior are prescribed or forbidden. The counties are encouraged to provide notice in both oral and written form.

(4) County probation departments are encouraged to inform probationers whose cases are assigned to the intensive supervision unit, in

writing, that all court-ordered conditions of probation will be strictly enforced.

(5) County probation departments are encouraged to ensure that deputy probation officers in the intensive supervision unit have reduced

probationer caseloads and coordinate their supervision efforts with law enforcement and prosecution personnel. The coordination is

encouraged to include informing law enforcement and prosecution personnel of the conditions set for probationers and of the strict

enforcement procedures to be implemented.

(6) Deputy probation officers in the intensive supervision unit are encouraged to coordinate with the district attorney in ensuring that courtordered

conditions of probation are consistently enforced.

(7) Intensive supervision unit deputy probation officers are encouraged to coordinate, whenever feasible, with community-based

organizations in seeking to ensure that probationers adhere to their court-ordered conditions.

(b) County probation departments may implement the California TEAM (Together Each Achieves More) Sports Camp Program, as

described in Article 23.5 (commencing with Section 875) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code.

SEC. 73. Section 13826.6 of the Penal Code is amended to read:

13826.6. For purposes of this chapter, a “community-based” organization is defined as a nonprofit operation established to serve gang

members, their families, schools, and the community with programs of community supervision and service that maintain community

participation in the planning, operation, and evaluation of their programs.

“Community-based” organization also includes public park and recreation agencies, public libraries, and public community services

departments that provide gang suppression activities, either alone or in cooperation with other public agencies or other community-based

organizations.

(a) Unless funded pursuant to subdivision (c), community-based organizations supported under the Gang Violence Suppression Program

may implement the following activities:

(1) Providing information to law enforcement agencies concerning gang related activities in the community.

(2) Providing information to school administrators and staff concerning gang related activities in the community.

(3) Providing conflict resolution by means of intervention or mediation to prevent and limit gang crisis situations.

(4) Increasing witness cooperation through coordination with local law enforcement and prosecutors and by education of the community

about the roles of these government agencies and the availability of witness protection services.

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(b) Community-based organizations funded pursuant to subdivision (a) may also implement the following activities:

(1) Maintaining a 24-hour public telephone message center for the receipt of information and to assist individuals seeking services from the

organization.

(2) Maintaining a “rumor control” public telephone service to provide accurate and reliable information to concerned citizens.

(3) Providing technical assistance and training concerning gang related activities to school staff members, law enforcement personnel, and

community members, including parental groups. This training and assistance may include coverage of how to prevent and minimize

intergang confrontations.

(4) Providing recreational activities for gang members or potential gang members.

(5) Providing job training and placement services for youth.

(6) Referring gang members, as needed, to appropriate agencies for the treatment of health, psychological, and drug-related problems.

(7) Administration of the Urban Corps Program pursuant to Section 13826.62.

(8) Mobilizing the community to share joint responsibility with local criminal justice personnel to prevent and suppress gang violence.

(c) Community-based organizations funded under the Gang Violence Suppression Program for specialized school prevention and

intervention activities shall only be required to implement activities in the schools which are designed to discourage students from joining

gangs and which offer or encourage students to participate in alternative programs.

(d) Community-based organizations funded pursuant to the Gang Violence Suppression Program as of January 1, 1997, shall receive

preference over public agencies in any future funding awards.

SEC. 74. Section 13826.62 of the Penal Code is amended to read:

13826.62. (a) There is hereby established in the agency the Urban Corps Program. The Urban Corps Program is established as an

optional activity under Section 13826.6. Community-based organizations receiving grants to participate in the Urban Corps Program may

implement the following activities:

(1) Identification of publicly and privately administered programs in the county dealing with the suppression or prevention of criminal gang

activities, or both.

(2) Maintenance of a listing of programs within the county identified as dealing with the suppression or prevention of criminal gang

activities, or both.

(3) Surveying gang suppression and prevention organizations for the types of services and activities each is engaged in, and identifying

needs among these organizations for resources to provide services and fulfill their activities.

(4) Recruitment of volunteers, identification of their skills, abilities, and interests, and matching volunteers with the resource needs of gang

prevention and suppression organizations.

(5) Establishment of an urban respite program for the purpose of preventing self-destructive activities and diverting (A) identified youth

gang members, and (B) youths who are at risk of becoming gang members, for the purposes of reducing or eliminating incentives for those

youths to participate in gang-related crime activities.

(b) The Urban Corps Program shall operate within the agency for two years following the establishment of a contract with a communitybased

organization to administer the program.

(c) This section shall be implemented to the extent that funds are available to the agency for this purpose.

SEC. 75. Section 13848.2 of the Penal Code is amended to read:

13848.2. There is hereby established a program of financial and technical assistance for law enforcement and district attorneys’ offices,

designated the High Technology Theft Apprehension and Prosecution Program.

SEC. 76. Section 13848.4 of the Penal Code is amended to read:

13848.4. (a) Moneys allocated for the High Technology Theft Apprehension and Prosecution Program pursuant to Section 13821 shall be

expended to fund programs to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute high

technology related crimes. Funds shall be expended to fund programs to enhance the capacity of local law enforcement, state police, and

local prosecutors to deter, investigate, and prosecute high technology related crimes. Any funds distributed under this chapter shall be

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expended for the exclusive purpose of deterring, investigating, and prosecuting high technology related crimes.

(b) The funds allocated to the Department of Justice pursuant to paragraph (4) of subdivision (c) of Section 13821 shall be used for

developing and maintaining a statewide database on high technology crime for use in developing and distributing intelligence information to

participating law enforcement agencies. The funds allocated to the California District Attorneys Association pursuant to paragraph (4) of

subdivision (c) of Section 13821, shall be used for the purposes of establishing statewide programs of education, training, and research for

public prosecutors, investigators, and law enforcement officers relating to deterring, investigating, and prosecuting high technology related

crimes.

(c) Any regional task force receiving funds under this section may elect to have the Department of Justice administer the regional task force

program. The department may be reimbursed for any expenditures incurred for administering a regional task force from funds given to local

law enforcement pursuant to subdivision (b).

SEC. 77. Section 13848.6 of the Penal Code is repealed.

SEC. 78. Section 13887.5 of the Penal Code is repealed.

SEC. 79. Section 14171 of the Penal Code is amended to read:

14171. (a) Each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare may develop within its

respective jurisdiction a Central Valley Rural Crime Prevention Program, which shall be administered by the county district attorney’ s office

or the county sheriff’s department of each respective county under a joint powers agreement entered into pursuant to Chapter 5

(commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

(b) The parties to each agreement shall form a regional task force that shall be known as the Central Valley Rural Crime Task Force, that

may include the respective county office of the county agricultural commissioner, the county district attorney, the county sheriff, and

interested property owner groups or associations. The task force shall be an interactive team working together to develop crime prevention,

problem solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The

task force may operate from a joint facility in order to facilitate investigative coordination. The task force may also consult with experts from

the United States military, the California Military Department, the Department of Justice, other law enforcement entities, and various other

state and private organizations as deemed necessary to maximize the effectiveness of this program. Media and community support may be

solicited to promote this program. Each of the participating designated counties shall adopt rules and regulations for the implementation

and administration of this program.

(1) In order to receive funds for this program, each designated county shall agree to participate in a regional task force, to be known as the

Central Valley Rural Crime Task Force, and shall appoint a representative to that task force.

(2) The Central Valley Rural Crime Task Force may develop rural crime prevention programs containing a system for reporting rural crimes

that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution. The task force may develop

computer software and use communication technology to implement the reporting system, although the task force is not limited to the use

of these means to achieve the stated goals.

(3) The Central Valley Rural Crime Task Force may develop a uniform procedure for all participating counties to collect, and each

participating county may collect, data on agricultural crimes. The task force may also establish a central database for the collection and

maintenance of data on agricultural crimes and designate one participating county to maintain the database. State funds the counties

receive to operate their rural crime prevention programs may be used to implement the requirements of this paragraph. This paragraph

does not prohibit counties from using their own funds to implement the paragraph’s provisions, however, it is the Legislature’ s intent that

this paragraph shall not be construed as creating a state-mandated local program.

(c) The staff for each program may consist of the personnel designated by the district attorney and sheriff for each county in accordance

with the joint powers agreement.

SEC. 80. Section 14173 of the Penal Code is amended to read:

14173. Funds appropriated to the Central Valley Rural Crime Prevention Program shall be allocated by the Controller and distributed

according to the following schedule: Fresno County 23% Kern County 17% Kings County 8.5% Madera County 5.5% Merced County 8.5%

San Joaquin County 8.5% Stanislaus County 8.5% Tulare County 20.5%SEC. 81. Section 14175 of the Penal Code is repealed.

SEC. 82. Section 14181 of the Penal Code is amended to read:

14181. (a) The Counties of Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and San Benito may each develop within its respective

jurisdiction a Central Coast Rural Crime Prevention Program, which shall be administered in San Benito County, Santa Barbara County,

Santa Cruz County, and San Luis Obispo County by the county district attorney’s office or the county sheriff’s office under a joint powers

agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

(b) The parties to each agreement shall form a regional task force that shall be known as the Central Coast Rural Crime Task Force, that

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includes the respective county office of the county agricultural commissioner, the county district attorney, the county sheriff, and interested

property owner groups or associations. The task force shall be an interactive team working together to develop crime prevention, problem

solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force

may operate from a joint facility in order to facilitate investigative coordination. The task force may also consult with experts from the United

States military, other law enforcement entities, and various private organizations as deemed necessary to maximize the effectiveness of

this program. Media and community support may be solicited to promote this program. Each of the participating designated counties shall

adopt rules and regulations for the implementation and administration of this program.

(1) The Central Coast Rural Crime Task Force may develop rural crime prevention programs containing a system for reporting rural crimes

that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution. The task force may develop

computer software and use communication technology to implement the reporting system, although the task force is not limited to the use

of these means to achieve the stated goals.

(2) The Central Coast Rural Crime Task Force may develop a uniform procedure for all participating counties to collect, and each

participating county may collect, data on agricultural crimes. The task force may also establish a central database for the collection and

maintenance of data on agricultural crimes and designate one participating county to maintain the database.

(c) The staff for each program shall consist of the personnel designated by the district attorney and sheriff for each county in accordance

with the joint powers agreement.

SEC. 83. Section 14183 of the Penal Code is repealed.

SEC. 84. Section 19100 of the Penal Code is amended to read:

19100. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2, any person in this state who carries concealed

upon the person any explosive substance, other than fixed ammunition, is punishable by imprisonment in a county jail not exceeding one

year or imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 85. Section 19200 of the Penal Code is amended to read:

19200. (a) Except as provided in Section 19205 and Chapter 1 (commencing with Section 17700) of Division 2, any person in this state

who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends,

or possesses any metal military practice handgrenade or metal replica handgrenade is punishable by imprisonment in a county jail not

exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

(b) Notwithstanding subdivision (a), a first offense involving any metal military practice handgrenade or metal replica handgrenade shall be

punishable only as an infraction unless the offender is an active participant in a criminal street gang as defined in the Street Terrorism and

Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).

SEC. 86. Section 20110 of the Penal Code is amended to read:

20110. (a) Except as provided in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, any person who assembles,

maintains, places, or causes to be placed a boobytrap device is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of

Section 1170 for two, three, or five years.

(b) Possession of any device with the intent to use the device as a boobytrap is punishable by imprisonment pursuant to subdivision (h) of

Section 1170, or in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and

imprisonment.

SEC. 87. Section 20310 of the Penal Code is amended to read:

20310. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any air gauge knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to

subdivision (h) of Section 1170.

SEC. 88. Section 20410 of the Penal Code is amended to read:

20410. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any belt buckle knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to

subdivision (h) of Section 1170.

SEC. 89. Section 20510 of the Penal Code is amended to read:

20510. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

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manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any cane sword is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision

(h) of Section 1170.

SEC. 90. Section 20610 of the Penal Code is amended to read:

20610. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any lipstick case knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to

subdivision (h) of Section 1170.

SEC. 91. Section 20710 of the Penal Code is amended to read:

20710. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any shobi-zue is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision

(h) of Section 1170.

SEC. 92. Section 20910 of the Penal Code is amended to read:

20910. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any writing pen knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to

subdivision (h) of Section 1170.

SEC. 93. Section 21110 of the Penal Code is amended to read:

21110. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any ballistic knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision

(h) of Section 1170.

SEC. 94. Section 21310 of the Penal Code is amended to read:

21310. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who carries

concealed upon the person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or imprisonment

pursuant to subdivision (h) of Section 1170.

SEC. 95. Section 21810 of the Penal Code is amended to read:

21810. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any metal knuckles is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to

subdivision (h) of Section 1170.

SEC. 96. Section 22010 of the Penal Code is amended to read:

22010. Except as provided in Section 22015 and Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this

state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives,

lends, or possesses any nunchaku is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to

subdivision (h) of Section 1170.

SEC. 97. Section 22210 of the Penal Code is amended to read:

22210. Except as provided in Section 22215 and Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this

state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives,

lends, or possesses any leaded cane, or any instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub,

sap, or slungshot, is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of

Section 1170.

SEC. 98. Section 22410 of the Penal Code is amended to read:

22410. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any shuriken is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h)

of Section 1170.

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SEC. 99. Section 24310 of the Penal Code is amended to read:

24310. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any camouflaging firearm container is punishable by imprisonment in a county jail not exceeding one year or imprisonment

pursuant to subdivision (h) of Section 1170.

SEC. 100. Section 24410 of the Penal Code is amended to read:

24410. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any cane gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h)

of Section 1170.

SEC. 101. Section 24510 of the Penal Code is amended to read:

24510. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any firearm not immediately recognizable as a firearm is punishable by imprisonment in a county jail not exceeding one year or

imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 102. Section 24610 of the Penal Code is amended to read:

24610. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any undetectable firearm is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to

subdivision (h) of Section 1170.

SEC. 103. Section 24710 of the Penal Code is amended to read:

24710. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any wallet gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision

(h) of Section 1170.

SEC. 104. Section 30210 of the Penal Code is amended to read:

30210. Except as provided in Section 30215 and Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this

state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives,

lends, or possesses either of the following is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant

to subdivision (h) of Section 1170:

(a) Any ammunition that contains or consists of any flechette dart.

(b) Any bullet containing or carrying an explosive agent.

SEC. 105. Section 31360 of the Penal Code is amended to read:

31360. (a) A person who has been convicted of a violent felony under the laws of the United States, the State of California, or any other

state, government, or country, who purchases, owns, or possesses body armor, as defined in Section 16288, except as authorized under

subdivision (b), is guilty of a felony, punishable by imprisonment in state prison for 16 months, or two or three years.

(b) A person whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, who is subject to

the prohibition imposed by subdivision (a) due to a prior violent felony conviction, may file a petition for an exception to this prohibition with

the chief of police or county sheriff of the jurisdiction in which that person seeks to possess and use the body armor. The chief of police or

sheriff may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief

from the prohibition as the chief of police or sheriff deems appropriate, based on the following:

(1) A finding that the petitioner is likely to use body armor in a safe and lawful manner.

(2) A finding that the petitioner has a reasonable need for this type of protection under the circumstances.

In making its decision, the chief of police or sheriff shall consider the petitioner’s continued employment, the interests of justice, any

relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that law enforcement officials exercise broad

discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, this paragraph may not be

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construed to require law enforcement officials to grant relief to any particular petitioner. Relief from this prohibition does not relieve any

other person or entity from any liability that might otherwise be imposed.

(c) The chief of police or sheriff shall require, as a condition of granting an exception under subdivision (b), that the petitioner agree to

maintain on the petitioner’s person a certified copy of the law enforcement official’s permission to possess and use body armor, including

any conditions or limitations.

(d) Law enforcement officials who enforce the prohibition specified in subdivision (a) against a person who has been granted relief pursuant

to subdivision (b), shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has

in possession a certified copy of the permission granting the person relief from the prohibition, as required by subdivision (c). This immunity

from liability does not relieve any person or entity from any other liability that might otherwise be imposed.

SEC. 106. Section 31500 of the Penal Code is amended to read:

31500. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any unconventional pistol is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to

subdivision (h) of Section 1170.

SEC. 107. Section 32310 of the Penal Code is amended to read:

32310. Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section

17700) of Division 2 of Title 2, commencing January 1, 2000, any person in this state who manufactures or causes to be manufactured,

imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine is punishable by

imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 108. Section 32900 of the Penal Code is amended to read:

32900. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any multiburst trigger activator is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant

to subdivision (h) of Section 1170.

SEC. 109. Section 33215 of the Penal Code is amended to read:

33215. Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any

person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or

who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not

exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 110. Section 33600 of the Penal Code is amended to read:

33600. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who

manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or

possesses any zip gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h)

of Section 1170.

SEC. 111. Section 2800.4 of the Vehicle Code is amended to read:

2800.4. Whenever a person willfully flees or attempts to elude a pursuing peace officer in violation of Section 2800.1, and the person

operating the pursued vehicle willfully drives that vehicle on a highway in a direction opposite to that in which the traffic lawfully moves

upon that highway, the person upon conviction is punishable by imprisonment for not less than six months nor more than one year in a

county jail or by imprisonment in the state prison, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand

dollars ($10,000), or by both that fine and imprisonment.

SEC. 112. Section 10980 of the Welfare and Institutions Code is amended to read:

10980. (a) Any person who, willfully and knowingly, with the intent to deceive, makes a false statement or representation or knowingly fails

to disclose a material fact in order to obtain aid under the provisions of this division or who, knowing he or she is not entitled thereto,

attempts to obtain aid or to continue to receive aid to which he or she is not entitled, or to receive a larger amount than that to which he or

she is legally entitled, is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period of not more than six months, by

a fine of not more than five hundred dollars ($500), or by both imprisonment and fine.

(b) Any person who knowingly makes more than one application for aid under the provisions of this division with the intent of establishing

multiple entitlements for any person for the same period or who makes an application for that aid for a fictitious or nonexistent person or by

claiming a false identity for any person is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the

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Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that

imprisonment and fine; or by imprisonment in the county jail for a period of not more than one year, or by a fine of not more than one

thousand dollars ($1,000), or by both imprisonment and fine.

(c) Whenever any person has, willfully and knowingly, with the intent to deceive, by means of false statement or representation, or by

failing to disclose a material fact, or by impersonation or other fraudulent device, obtained or retained aid under the provisions of this

division for himself or herself or for a child not in fact entitled thereto, the person obtaining this aid shall be punished as follows:

(1) If the total amount of the aid obtained or retained is nine hundred fifty dollars ($950) or less, by imprisonment in the county jail for a

period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine.

(2) If the total amount of the aid obtained or retained is more than nine hundred fifty dollars ($950), by imprisonment pursuant to

subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five

thousand dollars ($5,000), or by both that imprisonment and fine; or by imprisonment in the county jail for a period of not more than one

year, by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine.

(d) Any person who knowingly uses, transfers, acquires, or possesses blank authorizations to participate in the federal Supplemental

Nutrition Assistance Program in any manner not authorized by Chapter 10 (commencing with Section 18900) of Part 6 with the intent to

defraud is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16

months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine.

(e) Any person who counterfeits or alters or knowingly uses, transfers, acquires, or possesses counterfeited or altered authorizations to

participate in the federal Supplemental Nutrition Assistance Program or to receive CalFresh benefits or electronically transferred benefits in

any manner not authorized by the federal Food Stamp Act of 1964 (Public Law 88-525 and all amendments thereto) or the federal Food

and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.) or the federal regulations pursuant to the act is guilty of forgery.

(f) Any person who fraudulently appropriates CalFresh benefits, electronically transferred benefits, or authorizations to participate in the

federal Supplemental Nutrition Assistance Program with which he or she has been entrusted pursuant to his or her duties as a public

employee is guilty of embezzlement of public funds.

(g) Any person who knowingly uses, transfers, sells, purchases, or possesses CalFresh benefits, electronically transferred benefits, or

authorizations to participate in the federal Supplemental Nutrition Assistance Program in any manner not authorized by Chapter 10

(commencing with Section 18900), of Part 6, or by the federal Food Stamp Act of 1977 (Public Law 95-113 and all amendments thereto) or

the Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.) (1) is guilty of a misdemeanor if the face value of the food stamp benefits

or the authorizations to participate is nine hundred fifty dollars ($950) or less, and shall be punished by imprisonment in the county jail for a

period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine, or (2) is guilty

of a felony if the face value of the CalFresh benefits or the authorizations to participate exceeds nine hundred fifty dollars ($950), and shall

be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three

years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine, or by imprisonment in the county jail

for a period of not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine.

(h) (1) If the violation of subdivision (f) or (g) is committed by means of an electronic transfer of benefits, in addition and consecutive to the

penalties for the violation, or attempted violation, of those subdivisions, the court shall impose the following punishment:

(A) If the electronic transfer of benefits exceeds fifty thousand dollars ($50,000), an additional term pursuant to subdivision (h) of Section

1170 of the Penal Code of one year.

(B) If the electronic transfer of benefits exceeds one hundred fifty thousand dollars ($150,000), an additional term pursuant to subdivision

(h) of Section 1170 of the Penal Code of two years.

(C) If the electronic transfer of benefits exceeds one million dollars ($1,000,000), an additional term pursuant to subdivision (h) of Section

1170 of the Penal Code of three years.

(D) If the electronic transfer of benefits exceeds two million five hundred thousand dollars ($2,500,000), an additional term pursuant to

subdivision (h) of Section 1170 of the Penal Code of four years.

(2) In any accusatory pleading involving multiple charges of violations of subdivision (f) or (g), or both, committed by means of an electronic

transfer of benefits, the additional terms provided in paragraph (1) may be imposed if the aggregate losses to the victims from all violations

exceed the amounts specified in this paragraph and arise from a common scheme or plan.

(i) A person who is punished by an additional term of imprisonment under another provision of law for a violation of subdivision (f) or (g)

shall not receive an additional term of imprisonment under subdivision (h).

SEC. 113. Section 18220 of the Welfare and Institutions Code is amended to read:

18220. (a) For the 2011-12 fiscal year, the Controller shall allocate 33.38 percent of the funds deposited in the Local Law Enforcement

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Services Account in the Local Revenue Fund 2011 for purposes of Section 18221.

(b) Commencing with the 2012-13 fiscal year, the Controller shall allocate 30.99 percent of the funds deposited in the Enhancing Law

Enforcement Activities Subaccount in the Local Revenue Fund 2011 for purposes of Section 18221.

(c) The Controller shall allocate funds to local jurisdictions to support juvenile probation activities according to the following

schedule:Alameda County 3.9522% Alpine County 0.0004% Amador County 0.0597% Butte County 0.3193% Calaveras County 0.0611%

Colusa County 0.0341%Contra Costa County.. 2.6634%Del Norte County 0.1170% El Dorado County 0.3016% Fresno County 2.1547%

Glenn County 0.0536% Humboldt County 0.1696% Imperial County 0.3393% Inyo County 0.1432% Kern County 2.5687% Kings County

0.3839% Lake County 0.1866% Lassen County 0.0543%Los Angeles County… 40.1353% Madera County 0.2399% Marin County

0.3742% Mariposa County 0.0133% Mendocino County 0.1975% Merced County 0.3464% Modoc County 0.0213% Mono County 0.0071%

Monterey County 0.6039% Napa County 0.3520% Nevada County 0.1244% Orange County 8.4582% Placer County 0.2667% Plumas

County 0.0273% Riverside County 3.2234% Sacramento County 2.1350% San Benito County 0.2136% San Bernardino 3.4715%

CountySan Diego County 5.6095%San Francisco County. 1.9161% San Joaquin County… 0.8854%San Luis Obispo 0.6007%CountySan

Mateo County 1.8974%Santa Barbara County. 1.6561% Santa Clara County… 5.8082% Santa Cruz County 0.6128% Shasta County

0.4116% Sierra County 0.0037% Siskiyou County 0.0750% Solano County 1.0363% Sonoma County 1.3043% Stanislaus County 0.5275%

Sutter County 0.1344% Tehama County 0.1444% Trinity County 0.0346% Tulare County 1.4116% Tuolumne County 0.0706% Ventura

County 1.7193% Yolo County 0.2543% Yuba County 0.1125% SEC. 114. Section 18220.1 of the Welfare and Institutions Code is

amended to read:

18220.1. (a) For the 2011-12 fiscal year, the Controller shall, on a quarterly basis beginning October 1, allocate 6.47 percent of the funds

deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 pursuant to a schedule provided by the

Department of Corrections and Rehabilitation. The department’s schedule shall provide for the allocation of funds appropriated in the

annual Budget Act, and included in the Local Law Enforcement Services Account, among counties that operate juvenile camps and

ranches based on the number of occupied beds in each camp as of 12:01 a.m. each day, up to the Corrections Standards Authority rated

maximum capacity, as determined by the Corrections Standards Authority.

(b) Commencing with the 2012-13 fiscal year, the Controller shall allocate 6.01 percent of the funds deposited in the Enhancing Law

Enforcement Activities Subaccount in the Local Revenue Fund 2011 pursuant to the schedule provided by the Department of Finance

based on data reported to the Board of State and Community Corrections. The schedule shall provide for the allocation of funds

appropriated in the annual Budget Act, and included in the Enhancing Law Enforcement Activities Subaccount, among counties that

operate juvenile camps and ranches based on the number of occupied beds in each camp as of 12:01 a.m. each day, up to the rated

maximum capacity, as determined by the board. Allocations shall be made following the end of each fiscal quarter, beginning July 1, 2012,

to account for beds occupied in that quarter.

SEC. 115. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that

may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or

infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the

definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to

local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title

2 of the Government Code.

SEC. 116. The sum of $1,000 is hereby appropriated from the General Fund to the Department of Corrections and Rehabilitation for the

purpose of administration.

SEC. 117. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of

Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

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Santa Ana Central Jail and Inmate Information

SANTA ANA JAIL
BAIL AND INMATE INFORMATION
Call Apollo Bail Bonds at 714-372-3100

INMATE INFORMATION

The Santa Ana Jail offers a variety of telephone services:

  • Telephones are available in all modules and the booking intake area.
  • Telephones are provided in the dayroom for daily use during dayroom hours.
  • Inmates can choose to charge the calls collect, through a pre-paid account or phone card.
  • The general public may establish pre-paid accounts by calling Inmate Calling Solutions (ICS) at (888) 506-8407.
  • Inmates may not receive telephone calls.
  • Phone features such as call waiting, hold, and three-way calling are not allowed and will result in calls being disconnected.
  • All telephone numbers dialed and conversations will be recorded and may be monitored without further notice. (Exception: Attorney offices if the inmate provides the attorney’s office number).

 To send mail to inmates:

Mail for inmates should be addressed as follows:

Last Name, First Name
Booking #, Module & Cell #
c/o Santa Ana Jail P.O. Box 22003
Santa Ana, CA 92701

  • Mail is delivered to inmates Monday through Friday.
  • All mail is subject to search. Inmate non-legal mail will be scanned prior to delivery.
  • Inmates may not receive any mail, books, or magazines containing pornographic, gang, or violence-related materials.
  • All letters coming in and out of the facility must be by U.S. Mail. (FedEx, UPS, etc. not accepted)
  • Magazines and newspapers must come directly from the publisher.
  • Only packages containing paperback books may be accepted. (Inmates may only have five books in their cell.) Packages exceeding the limitations will be returned.
  • Legal correspondence must be clearly labeled “Legal Mail.” Such correspondence will be delivered and searched in the presence of the recipient inmate.
  • No cash can be accepted by mail.

 

Nursing services for inmates are currently available 24 hours per day.

On-site psychiatric counseling and dental services have also been implemented. The expansion of these medical services has resulted in fewer medical rejects at booking, fewer transports to the hospital, and a reduction of inmate grievances involving medical issues.

 The Santa Ana Jail administers a Commissary program for the inmates.

Commissary Guidelines:

  • Inmates desiring to purchase items not provided to them can purchase items from Commissary.
  • Persons wishing to deposit funds into an inmate’s account may do so at the Santa Ana Jail Front Lobby.  The Jail’s Front Lobby is open everyday 7:00 a.m. to 1130 a.m and from 1:00 p.m.9:00 p.m. to assist the public.
  • Visitors may depositUnited Statescurrency, money orders, and cashiers checks to an inmate’s account. Cashiers checks, and money orders must be made out to the City ofSanta Ana.  Personal or business checks are not accepted.
  • These funds are available for the inmate to use the day after they are placed on the inmate’s account.
  • Possession of monies by an inmate is forbidden.
  • Funds may not be transferred from the account of one inmate to the account of another inmate.
  • Cashiers checks and money orders may also be sent to the inmate by mail for deposit into the inmate’s account.  Annotate the booking number on the reference line of the check or money order.
  • Inmates receive a receipt of each account transaction.