Bill Text: CA AB116 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal justice realignment.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2011-07-27 - Chaptered by Secretary of State - Chapter 136, Statutes of 2011. [AB116 Detail]
Download: California-2011-AB116-Amended.html
Bill Title: Criminal justice realignment.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2011-07-27 - Chaptered by Secretary of State - Chapter 136, Statutes of 2011. [AB116 Detail]
Download: California-2011-AB116-Amended.html
BILL NUMBER: AB 116 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 8, 2011
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2011
An act relating to the Budget Act of 2011.
An act to amend Sections 3101, 8557, 8567, 8585.2, 8600, 8624,
53114.1, 76104.7, and 77206 of, to add Section 8565.1 to, to repeal
Sections 8576, 8577, 8578, 8579, and 8582 of, and to repeal and add
Section 8575 of, the Government Code, to amend Section 36120 of the
Health and Safety Code, to amend Sections 830.2, 830.5, 830.11, 999c,
1230, 1233, 1233.4, 1233.6, 5072, 6027, 6030, 6126, 6126.2, 6126.3,
6126.4, 6126.5, 6127.1, 6127.3, 6127.4, 6128, 6129, 6131, 6132,
13800, 13801, 13812, 13820, 13821, 13823.4, 13823.5, 13823.6,
13823.12, 13823.13, 13826.1, 13826.15, 13826.7, and 13901 of, to add
Section 5023.7 to, to add and repeal Section 1233.61 of, to repeal
Sections 6051, 6126.1, 13810, 13811, 13813, 13823, 13827, 13827.1,
13827.2, 13831, and 13832 of, and to repeal and add
Sections 6024 and 6025 of, the Penal Code, to amend Sections 19204
and 19209 of, and to repeal and add Section 19210 of, the Public
Contract Code, and to amend Sections 1766, 1766.01, and 14053.7 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
AB 116, as amended, Committee on Budget. Budget Act of
2011. Public safety.
(1) Existing law creates the California Emergency Council
consisting of certain members and assigned certain powers and duties.
This bill would eliminate the California Emergency Council and
would empower the California Emergency Management Agency to serve as
the state disaster council for purposes of the California Disaster
and Civil Defense Master Mutual Aid Agreement.
(2) Existing law creates the independent Office of the Inspector
General and provides that it is not a subdivision of any other
government entity. The Inspector General and certain other employees
of the office are peace officers provided that the primary duty of
these peace officers is conducting audits of investigatory practices
and other audits, as well as conducting investigations, of the
Department of Corrections and Rehabilitation, the Division of
Juvenile Justice, and the Board of Parole Hearings.
This bill would remove the Inspector General and the other
employees from peace officer status. The bill would authorize the
Inspector General and certain other employees to exercise the powers
of arrest and serving warrants, as provided.
Existing law requires the Inspector General to, among other
things, review departmental policy and procedures, conduct audits of
investigatory practices and other audits, be responsible for
contemporaneous oversight of internal affairs investigations and the
disciplinary process, and conduct investigations of the department,
and audit each warden of an institution one year after his or her
appointment and each correctional institution at least once every 4
years. Existing law establishes within the Office of the Inspector
General a Bureau of Independent Review (BIR).
This bill would revise and recast the duties of the Inspector
General to, among other things, remove the requirement that the
Inspector General review departmental policy and procedures, conduct
audits of investigatory practices and other audits, and conduct
investigations of the department, and would instead provide that the
Inspector General be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process of the
department pursuant to provisions specifying the responsibilities of
the Bureau of Independent Review. The bill would remove the
requirement of the Inspector General to audit wardens. The bill would
require the Inspector General to conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.
Existing law makes it a misdemeanor for the Inspector General or
any employee or former employee of the Inspector General to divulge
or make known in any manner not expressly permitted by law to any
person not employed by the Inspector General any particulars of any
record, document, or information the disclosure of which is
restricted by law from release to the public. The prohibition also
applies to, among others, any person or business entity that is
contracting with or has contracted with the Inspector General and to
the employees and former employees of that person or business entity.
This bill would add any person that has been furnished a draft
copy of any report for comment or review to the persons to whom the
prohibition applies. Because the bill would expand the scope of a
crime, it would create a state-mandated local program.
(3) Existing law authorizes the Department of Corrections and
Rehabilitation and the State Department of Health Care Services to
develop a process to maximize federal financial participation for the
provision of inpatient hospital services rendered to individuals
who, but for their status as inmates, would otherwise be eligible for
Medi-Cal or for the Coverage Expansion and Enrollment Demonstration
Project, as provided.
This bill would limit the development of the process to maximize
federal financial participation to acute inpatient hospital services
for inmates, and would require the federal reimbursement for inmates
enrolled in Medi-Cal to occur through the State Department of Health
Care Services, who would reimburse the Department of Corrections and
Rehabilitation, and the federal reimbursement for inmates not
enrolled in Medi-Cal but who are eligible for a Low Income Health
Program (LIHP) would occur through a county LIHP, as provided.
(4) Existing law creates the Corrections Standards Authority
established within the Department of Corrections and Rehabilitation
with the duty of studying the entire subject of crime. Existing law
creates the California Council on Criminal Justice with certain
powers and duties. Existing law creates the Office of Gang and Youth
Violence Policy which is, among other things, responsible for
identifying and evaluating state, local, and federal gang and youth
violence suppression, intervention, and prevention programs and
strategies, along with funding for those efforts.
This bill, commencing January 1, 2012, would eliminate the
Corrections Standards Authority, and assign its former duties to the
9-member newly created Board of State and Community Corrections and
assign additional duties, as provided. Commencing January 1, 2012,
the bill would eliminate the California Council on Criminal Justice
and assign its powers and duties to the Board of State and Community
Corrections, as provided. Commencing January 1, 2012, the bill would
eliminate the Office of Gang and Youth Violence Policy.
(5) Existing law establishes the State Community Corrections
Performance Incentives Fund in order to receive moneys budgeted for
the purposes of providing probation revocations incentive payments
and high performance grants to county probation departments, as
provided.
This bill would provide that the State Community Corrections
Performance Incentives Fund is established in the State Treasury,
that the fund is continuously appropriated, thereby creating an
appropriation, and that the moneys appropriated for the purposes of
providing probation revocations incentive payments and high
performance grants be transferred from the General Fund and
administered as provided.
(6) Existing law, beginning in 2012, requires the Judicial Council
to provide a report twice a year to the Joint Legislative Budget
Committee that provides information related to procurement contracts
for the judicial branch. Existing law requires that certain required
audits include an audit and report by the State Auditor on his or her
assessment of the implementation of certain contracting provisions
by the judicial branch.
This bill would require that the report on procurements also be
made to the State Auditor. The bill would require that, instead of
the audit and report required above, commencing no earlier than July
1, 2011, and no later than December 15, 2012, the State Auditor
establish a pilot program to audit 6 trial courts, and based on the
results of the pilot program, on or before December 15, 2013,
commence audits of the trial courts, as provided. The bill would also
require that on or before December 15, 2013, and biennially
thereafter, the State Auditor audit the Administrative Office of the
Courts, the Habeas Corpus Resource Center, and the appellate courts,
as provided.
(7) This bill would appropriate $1,000 from the Trial Court Trust
Fund to the judicial branch for court administration.
(8) The bill would also make conforming changes.
(9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(10) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2011.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3101 of the
Government Code is amended to read:
3101. For the purpose of this chapter the term "disaster service
worker" includes all public employees and all volunteers in any
disaster council or emergency organization accredited by the
California Emergency Council Management
Agency . The term "public employees" includes all persons
employed by the state or any county, city, city and county, state
agency or public district, excluding aliens legally employed.
SEC. 2. Section 8557 of the
Government Code is amended to read:
8557. (a) "Emergency Council" means the California Emergency
Council.
(b)
8557. (a) "State agency" means any
department, division, independent establishment, or agency of the
executive branch of the state government.
(c)
(b) "Political subdivision" includes any city, city and
county, county, district, or other local governmental agency or
public agency authorized by law.
(d)
(c) "Governing body" means the legislative body,
trustees, or directors of a political subdivision.
(e)
(d) "Chief executive" means that individual authorized
by law to act for the governing body of a political subdivision.
(f)
(e) "Disaster council" and "disaster service worker"
have the meaning prescribed in Chapter 1 (commencing with Section
3201) of Part 1 of Division 4 of the Labor Code.
(g)
(f) "Public facility" means any facility of the state
or a political subdivision, which facility is owned, operated, or
maintained, or any combination thereof, through moneys derived by
taxation or assessment.
(h)
(g) "Sudden and severe energy shortage" means a rapid,
unforeseen shortage of energy, resulting from, but not limited to,
events such as an embargo, sabotage, or natural disasters, and which
has statewide, regional, or local impact.
SEC. 3. Section 8565.1 is added to the
Government Code , to read:
8565.1. Nothing in this chapter shall operate to prevent the
Governor from establishing a committee or board composed of heads of
state agencies, should the Governor deem it necessary to aid him or
her in obtaining information or advice, assisting in developing or
carrying out plans, or otherwise acting in accomplishment of the
purposes of this chapter.
SEC. 4. Section 8567 of the Government
Code is amended to read:
8567. (a) The Governor may make, amend, and rescind orders and
regulations necessary to carry out the provisions of this chapter.
The orders and regulations shall have the force and effect of law.
Due consideration shall be given to the plans of the federal
government in preparing the orders and regulations. The Governor
shall cause widespread publicity and notice to be given to all such
orders and regulations, or amendments or rescissions thereof.
(b) Orders and regulations, or amendments or rescissions thereof,
issued during a state of war emergency or state of emergency shall be
in writing and shall take effect immediately upon their issuance.
Whenever the state of war emergency or state of emergency has been
terminated, the orders and regulations shall be of no further force
or effect.
(c) All orders and regulations relating to the use of funds
pursuant to Article 16 (commencing with Section 8645) shall be
prepared in advance of any commitment or expenditure of the funds.
Other orders and regulations needed to carry out the provisions of
this chapter shall, whenever practicable, be prepared in advance of a
state of war emergency or state of emergency.
(d) All orders and regulations made in advance of a state of war
emergency or state of emergency shall be in writing, shall be exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 , but shall be subject to the approval
of the Emergency Council . As soon thereafter as possible
they shall be filed in the office of the Secretary of State and with
the county clerk of each county.
SEC. 5. Section 8575 of the Government
Code is repealed.
8575. (a) There is hereby created a California Emergency Council,
to consist of all of the following members:
(1) The Governor, or an alternate appointed by him or her.
(2) The Lieutenant Governor, or an alternate appointed by him or
her.
(3) The Attorney General, or an alternate appointed by him or her.
(4) One representative of the city governments of the state and
one representative of the county governments of the state, to be
appointed by the Governor and to serve at his or her pleasure, except
that these members shall be from different counties.
(5) One representative of the American National Red Cross, to be
appointed by the Governor.
(6) One representative of the city or county fire services of the
state and one representative of the city or county law enforcement
services of the state, to be appointed by the Governor and to serve
at his or her pleasure, except that these members shall be from
different counties.
(7) One representative of a local public health agency, to be
appointed by the Governor and to serve at his or her pleasure.
(b) The President pro Tempore of the Senate and the Speaker of the
Assembly shall meet with and participate in the work of the
Emergency Council to the same extent as members of the council
appointed by the Governor, except when that participation is
constitutionally incompatible with their respective positions as
Members of the Legislature.
(c) If the President pro Tempore of the Senate does not desire to
serve on the Emergency Council, the Senate Rules Committee may
appoint a Member of the Senate to serve in his or her stead. If the
Speaker of the Assembly does not desire to serve on the Emergency
Council, he or she may appoint a Member of the Assembly to serve in
his or her stead.
SEC. 6. Section 8575 is added to the
Government Code , to read:
8575. For the purposes of the California Disaster and Civil
Defense Master Mutual Aid Agreement, the California Emergency
Management Agency will serve as the State Disaster Council.
SEC. 7. Section 8576 of the Government
Code is repealed.
8576. (a) The Governor shall be ex officio Chairperson of the
Emergency Council.
(b) The California Emergency Management Agency shall provide staff
support to the Emergency Council as necessary.
SEC. 8. Section 8577 of the Government
Code is repealed.
8577. Neither the members of the Emergency Council nor the
Members of the Legislature shall receive compensation for their
services under this chapter, but they shall be reimbursed for their
actual and necessary expenses incurred in connection with their
duties hereunder.
SEC. 9. Section 8578 of the Government
Code is repealed.
8578. The Emergency Council shall meet upon call of the Governor,
not less frequently than annually. Except during a state of war
emergency or a state of emergency, notice of such meeting shall be
given to each member not less than 15 days prior to the day selected
by the Governor for the meeting of the Emergency Council.
SEC. 10. Section 8579 of the Government
Code is repealed.
8579. (a) It shall be the duty of the Emergency Council, and it
is hereby empowered, to act as an advisory body to the Governor in
times of emergency and with reference thereto in order to minimize
the effects of those occurrences by recommending ameliorative action.
(b) The powers and duties of the Emergency Council shall include
all of the following:
(1) To consider, recommend, and approve orders and regulations
that are within the province of the Governor to promulgate.
(2) To consider and recommend to the Governor for approval the
boundaries of any mutual aid regions of the state as may be
designated.
(3) To recommend to the Governor the assignment of any
responsibility, service, or activity relative to emergencies or
emergency planning to a state agency having duties related to that
responsibility, service, or activity.
(4) To consider and recommend the creation by the Governor of
advisory committees in order to make civilian participation and
cooperation in emergency planning and activities available to the
state.
(5) To consider and recommend the expenditures of moneys
appropriated for any of the objectives or purposes of this chapter.
(6) To consider and recommend to the Governor for approval a State
Emergency Plan built around mutual aid and the integration into that
plan of the several state agencies whose resources are necessary in
coping with emergencies.
(7) To encourage the development and maintenance of emergency
plans based on mutual aid, whereunder political subdivisions may most
effectively protect life and property and mitigate other effects of
emergencies.
(8) To evaluate and report to the Governor on state communications
systems with particular regard to their adequacy in case of
emergency.
(9) To encourage the individual and integrated emergency
preparedness efforts of communities, businesses, and schools.
(c) (1) The Emergency Council shall, at a minimum, have the
following two standing advisory committees, with members selected by
the Governor:
(A) An advisory committee composed of representatives of volunteer
organizations that aid or prepare their communities for potential
disasters.
(B) An advisory committee composed of the business leaders
representing businesses in the state that will work in partnership
with government to prepare businesses and communities for potential
disasters.
(2) The duties of the advisory committees shall include, but not
be limited to, all of the following:
(A) Developing and promoting statewide initiatives and programs to
better prepare communities, businesses, and schools to survive
disasters.
(B) Advising the Emergency Council on how public, private, and
nonprofit entities can provide resources, assets, personnel,
volunteers, and any other relevant services to fully integrate the
private sector into the state's emergency preparedness, mitigation,
response, and recovery plans.
(C) Advising the Emergency Council on appropriate agreements to
provide for quick access to emergency supplies and services in order
to minimize the need to stockpile those supplies.
(3) The members of the advisory committees shall receive no
compensation for their service.
(d) When the Emergency Council is not meeting, the California
Emergency Management Agency shall provide notice to the members of
the council of any state of emergency proclaimed by the Governor
pursuant to Section 8558, as soon as practical after the issuance of
the proclamation. The notification shall include the status of
emergency activities.
SEC. 11. Section 8582 of the Government
Code is repealed.
8582. Nothing herein shall operate to prevent the Governor from
establishing a committee or board composed of heads of state
agencies, should he deem it necessary to aid him or the Emergency
Council or both in obtaining information or advice, assisting in
developing or carrying out plans, or otherwise acting in
accomplishment of the purposes of this chapter.
SEC. 12. Section 8585.2 of the
Government Code is amended to read:
8585.2. (a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the agency or engaged in the administration
of law, the administration of which is transferred to the agency, are
transferred to the agency. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the agency.
(b) The property of any agency or department related to functions
transferred to the California Emergency Management Agency is
transferred to the agency. If any doubt arises as to where that
property is transferred, the Department of General Services shall
determine where the property is transferred.
(c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the agency shall be
transferred to the agency for use for the purpose for which the
appropriation was originally made or the funds were originally
available. If there is any doubt as to where those balances and funds
are transferred, the Department of Finance shall determine where the
balances and funds are transferred.
(d) Beginning July 1, 2011, and biennially thereafter, the
California Emergency Management Agency shall submit a report to the
Legislature as described in this subdivision. The California
Emergency Management Agency may consult with other public safety
agencies, including the California Emergency Council, in the
development of this report. The report shall include information on
all of the following:
(1) Agency progress in all of its primary program areas.
(2) Agency allocation of grants to local agencies and nonprofit
organizations.
(3) Any identified gaps in program progress or efficiency.
(4) Agency strategy for program improvements, investments, and
goals for the next two years.
SEC. 13. Section 8600 of the Government
Code is amended to read:
8600. The Governor with the advice of the Emergency
Council California Emergency Management Agency
is hereby authorized and empowered to divide the state into mutual
aid regions for the more effective application, administration, and
coordination of mutual aid and other emergency-related activities.
SEC. 14. Section 8624 of the Government
Code is amended to read:
8624. (a) Whenever it appears that a state of war emergency will
continue for more than seven days, the Governor shall call a meeting
of the Emergency Council not later than the seventh day.
(b)
8624. All of the powers granted the Governor by this
chapter with respect to a state of war emergency shall terminate
when:
(1)
(a) The state of war emergency has been terminated by
proclamation of the Governor or by concurrent resolution of the
Legislature declaring it at an end; or
(2) The Governor has failed to call a meeting of the Emergency
Council within the period prescribed in subdivision (a) of this
section; or
(3)
(b) The Governor has not within 30 days after the
beginning of such state of war emergency issued a call for a special
session of the Legislature for the purpose of legislating on subjects
relating to such state of war emergency, except when the Legislature
is already convened with power to legislate on such subjects.
SEC. 15. Section 53114.1 of the
Government Code is amended to read:
53114.1. To accomplish the responsibilities specified in this
article, the division is directed to consult at regular intervals
with the State Fire Marshal, the State Department of Public Health,
the Office of Traffic Safety, the California Emergency Management
Agency, the California Council on Criminal Justice,
a local representative from a city, a local representative
from a county, the public utilities in this state providing telephone
service, the Association of Public-Safety Communications Officials,
the Emergency Medical Services Authority, the Department of the
California Highway Patrol, and the Department of Forestry and Fire
Protection. These agencies shall provide all necessary assistance and
consultation to the division to enable it to perform its duties
specified in this article.
SEC. 16. Section 76104.7 of the
Government Code is amended to read:
76104.7. (a) Except as otherwise provided in this section, in
addition to the penalty levied pursuant to Section 76104.6, there
shall be levied an additional state-only penalty of three dollars
($3) for every ten dollars ($10), or part of ten dollars ($10), in
each county upon every fine, penalty, or forfeiture imposed and
collected by the courts for all criminal offenses, including all
offenses involving a violation of the Vehicle Code or any local
ordinance adopted pursuant to the Vehicle Code.
(b) This additional penalty shall be collected together with, and
in the same manner as, the amounts established by Section 1464 of the
Penal Code. These moneys shall be taken from fines and forfeitures
deposited with the county treasurer prior to any division pursuant to
Section 1463 of the Penal Code. These funds shall be deposited into
the county treasury DNA Identification Fund. One hundred percent of
these funds, including any interest earned thereon, shall be
transferred to the state Controller at the same time that moneys are
transferred pursuant to paragraph (2) of subdivision (b) of Section
76104.6, for deposit into the state's DNA Identification Fund. These
funds shall be used to fund the operations of the Department of
Justice forensic laboratories, including the operation of the DNA
Fingerprint, Unsolved Crime and Innocence Protection Act, and to
facilitate compliance with the requirements of subdivision (e) of
Section 299.5 of the Penal Code.
(c) This additional penalty does not apply to the following:
(1) Any restitution fine.
(2) Any penalty authorized by Section 1464 of the Penal Code or
this chapter.
(3) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(4) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(d) The fees collected pursuant to this section shall not be
subject to subdivision (e) of Section 1203.1d of the Penal Code, but
shall be disbursed under paragraph (3) of subdivision (b) of Section
1203.1d of the Penal Code.
SEC. 17. Section 77206 of the
Government Code is amended to read:
77206. (a) Notwithstanding any other law, the Judicial Council
may regulate the budget and fiscal management of the trial courts.
The Judicial Council, in consultation with the Controller, shall
maintain appropriate regulations for recordkeeping and accounting by
the courts. The Judicial Council shall seek to ensure, by these
provisions, both of the following:
(1) That the fiscal affairs of the trial courts are managed
efficiently, effectively, and responsibly.
(2) That all moneys collected by the courts, including filing
fees, fines, forfeitures, and penalties, and all revenues and
expenditures relating to court operations are known.
The Judicial Council may delegate its authority under this
section, when appropriate, to the Administrative Director of the
Courts.
(b) Regulations, rules, and reporting requirements adopted
pursuant to this chapter shall be exempt from review and approval or
other processing by the Office of Administrative Law as provided for
in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
(c) The Controller, at the request of the Legislature, may perform
and publish financial and fiscal compliance audits of the reports of
court revenues and expenditures. The Controller shall report the
results of these audits to the Legislature and the Judicial Council.
(d) The Judicial Council shall provide for the transmission of
summary information concerning court revenues and expenditures to the
Controller.
(e) The Judicial Council shall adopt rules to provide for
reasonable public access to budget allocation and expenditure
information at the state and local levels.
(f) The Judicial Council shall adopt rules ensuring that, upon
written request, the trial courts provide, in a timely manner,
information relating to the administration of the courts, including
financial information and other information that affects the wages,
hours, and working conditions of trial court employees.
(g) (1) The Judicial Council or its representatives may do any of
the following:
(A) Inspect, review, and perform comprehensive oversight and
analysis of court financial records wherever they may be located.
(B) Investigate allegations of financial impropriety or
mismanagement.
(2) The authority granted pursuant to this subdivision shall not
substitute for, or conflict with, the audits conducted pursuant to
subdivisions (h) and (i).
(h) (1) Commencing not earlier than July 1, 2011, and not later
than December 15, 2012, the entity contracted with pursuant to
subdivision (j) shall establish a pilot program to audit six trial
courts. That entity shall select the trial courts using the following
criteria:
(A) Two trial courts selected from counties with a population of
200,000 or less.
(B) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
(C) Two trial courts selected from counties with a population of
750,000 or greater.
The audits shall be performed in accordance with generally
accepted government auditing standards and shall determine the trial
court's compliance with governing statutes, rules, and regulations
relating to the revenues, expenditures, and fund balances of all
material and significant funds, including state General Fund funds,
funds generated from fees or fines, federal funds, grants, and any
other funds within the trial court's administration or control.
Pursuant to Section 19210 of the Public Contract Code, the
audit shall also determine compliance with Part 2.5 (commencing with
Section 19201) of Division 2 of the Public Contract Code.
The audits required by this section shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(2) Based on the results of the pilot program audits described in
paragraph (1), the entity contracted with pursuant to subdivision (j)
shall, on or before December 15, 2013, commence an audit of the
trial courts, provided that every trial court is audited in the
manner prescribed by this section at least once every four years. The
audits shall be performed in accordance with generally accepted
government auditing standards and shall determine the trial court's
compliance with governing statutes, rules, and regulations relating
to the revenues, expenditures, and fund balances of all material and
significant funds, including state General Fund funds, funds
generated from fees or fines, federal funds, grants, or any other
funds within the trial court's administration or control.
Pursuant to Section 19210 of the Public Contract Code, the audit
shall also determine compliance with Part 2.5 (commencing with
Section 19201) of Division 2 of the Public Contract Code.
The audits required by this paragraph shall be in addition to any
audit regularly conducted pursuant to any other provision of law.
(3) Notwithstanding Section 10231.5, the auditing entity shall
compile the trial court audit findings and report the results of
these audits to the Legislature, the Judicial Council, and the
Department of Finance no later than April 1 of each year. An audit
report shall not be considered final until the audited entity is
provided a reasonable opportunity to respond and the response is
included with, or incorporated into, the report.
(4) The reasonable and necessary contracted cost of the audit
conducted pursuant to this subdivision shall be paid from funds of
the local trial court being audited.
(i) (1) On or before December 15, 2013, and biennially thereafter,
the entity contracted with pursuant to subdivision (j) shall perform
an audit of the Administrative Office of the Courts in accordance
with generally accepted government auditing standards and shall
determine the Administrative Office of the Court's compliance with
governing statutes, rules, regulations, and policies relating to the
revenues, expenditures, and fund balances of all material and
significant funds under the administration, jurisdiction, or control
of the Administrative Office of the Courts. Pursuant to
Section 19210 of the Public Contract Code, the audit shall also
determine compliance of the Administrative Office of the Courts, the
Habeas Corpus Resource Center, and the appellate courts with Part 2.5
(commencing with Section 19201) of Division 2 of the Public Contract
Code.
(2) Notwithstanding Section 10231.5, the auditing entity shall
provide a copy of the final audit report of the Administrative Office
of the Courts to the Legislature, the Judicial Council, and the
Department of Finance upon issuance. An audit report shall not be
considered final until the audited entity is provided a reasonable
opportunity to respond and the response is included with, or
incorporated into, the report.
(3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
(j) The Administrative Office of the Courts shall contract with
the Controller to perform the audits described in subdivisions (h)
and (i), unless either the Bureau of State Audits or the Department
of Finance
demonstrates that it can perform the audits pursuant to the same
timeframes, scope, and methodology as the Controller for a cost that
is less than that proposed by the Controller. In that case, the
Administrative Office of the Courts may contract with the state
entity named in this subdivision that is most cost effective. The
Administrative Office of the Courts shall provide written
notification to the chairs of the Senate Committee on Budget and
Fiscal Review, the Assembly Committee on Budget, and the Senate and
Assembly Committees on Judiciary, if the Administrative Office of the
Courts contracts with an entity other than the Controller. The
contract period for any contract entered into pursuant to this
section shall not exceed four years from the date of commencement.
(k) A report submitted pursuant to subdivision (h) or (i) shall be
submitted in compliance with Section 9795.
SEC. 18. Section 36120 of the Health
and Safety Code is amended to read:
36120. (a) The coordinator, in cooperation
with the Secretary of the Human Relations Agency, the Superintendent
of Public Instruction, the Executive Officer of the
California Council on Criminal Justice, the Director of the
Office of Planning, and any other executive officers the Governor
may designate, shall develop goals for state participation in the
Model Cities program.
In
(b) In order to take advantage of
the opportunities for program innovation offered by the Model Cities
program, one set of the goals for state participation shall be
directed toward interdisciplinary program development, such as
programs for early childhood development, community treatment as an
alternative to criminal incarceration, and community services.
SEC. 19. Section 830.2 of the Penal
Code is amended to read:
830.2. The following persons are peace officers whose authority
extends to any place in the state:
(a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
(b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
(c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
(d) (1) Any member of the Office of Correctional Safety of the
Department of Corrections and Rehabilitation, provided that the
primary duties of the peace officer shall be the investigation or
apprehension of inmates, wards, parolees, parole violators, or
escapees from state institutions, the transportation of those
persons, the investigation of any violation of criminal law
discovered while performing the usual and authorized duties of
employment, and the coordination of those activities with other
criminal justice agencies.
(2) Any member of the Office of Internal Affairs of the Department
of Corrections and Rehabilitation, provided that the primary duties
shall be criminal investigations of Department of Corrections and
Rehabilitation personnel and the coordination of those activities
with other criminal justice agencies. For purposes of this
subdivision, the member of the Office of Internal Affairs shall
possess certification from the Commission on Peace Officer Standards
and Training for investigators, or have completed training pursuant
to Section 6126.1 of the Penal Code.
(e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
(f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
(g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
(h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
(i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
(j) Employees of the Inspector General as designated by the
Inspector General are peace officers, provided that the primary duty
of these peace officers shall be conducting investigations of the
Department of Corrections and Rehabilitation, Division of Juvenile
Justice, and the Board of Parole Hearings.
SEC. 20. 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. 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 or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender 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 or of probation by any person in this
state on parole or probation.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole or probation.
(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) To the rendering of mutual aid to any other law enforcement
agency.
For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board 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 the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority 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.
The Department of the Youth Authority 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 or any employee of the Department of the Youth Authority
having custody of wards or the Inspector General of the
Youth and Adult Correctional Agency or any
internal affairs investigator under the authority of the Inspector
General or any employee of the Department of Corrections
designated by the Director of Corrections or any correctional
counselor series employee of the Department of Corrections or any
medical technical assistant series employee designated by the
Director of Corrections or designated by the Director of Corrections
and employed by the State Department of Mental Health or employee of
the Board of Prison Terms designated by the Secretary of the Youth
and Adult Correctional Agency or employee of the Department of the
Youth Authority designated by the Director of the Youth Authority 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 or the Department of
the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
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
12025 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, the Department of the Youth
Authority, or the Youthful Offender 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 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 Director of Corrections 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 Director
of the Youth Authority, or his or her designee. The director, 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.
SEC. 21. Section 830.11 of the Penal
Code is amended to read:
830.11. (a) The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 during the course and within the scope of their
employment, if they receive a course in the exercise of those powers
pursuant to Section 832. The authority and powers of the persons
designated under this section shall extend to any place in the state:
(1) Persons employed by the Department of Financial Institutions
designated by the Commissioner of Financial Institutions, provided
that the primary duty of these persons shall be the enforcement of,
and investigations relating to, the provisions of law administered by
the Commissioner of Financial Institutions.
(2) Persons employed by the Department of Real Estate designated
by the Real Estate Commissioner, provided that the primary duty of
these persons shall be the enforcement of the laws set forth in Part
1 (commencing with Section 10000) and Part 2 (commencing with Section
11000) of Division 4 of the Business and Professions Code. The Real
Estate Commissioner may designate persons under this section, who at
the time of their designation, are assigned to the Special
Investigations Unit, internally known as the Crisis Response Team.
(3) Persons employed by the State Lands Commission designated by
the executive officer, provided that the primary duty of these
persons shall be the enforcement of the law relating to the duties of
the State Lands Commission.
(4) Persons employed as investigators of the Investigations Bureau
of the Department of Insurance, who are designated by the Chief of
the Investigations Bureau, provided that the primary duty of these
persons shall be the enforcement of the Insurance Code and other laws
relating to persons and businesses, licensed and unlicensed by the
Department of Insurance, who are engaged in the business of
insurance.
(5) Persons employed as investigators and investigator supervisors
of the Consumer Services Division or the Rail Safety and Carrier
Division of the Public Utilities Commission who are designated by the
commission's executive director and approved by the commission,
provided that the primary duty of these persons shall be the
enforcement of the law as that duty is set forth in Section 308.5 of
the Public Utilities Code.
(6) (A) Persons employed by the State Board of Equalization,
Investigations Division, who are designated by the board's executive
director, provided that the primary duty of these persons shall be
the enforcement of laws administered by the State Board of
Equalization.
(B) Persons designated pursuant to this paragraph are not entitled
to peace officer retirement benefits.
(7) Persons employed by the Department of Food and Agriculture and
designated by the Secretary of Food and Agriculture as
investigators, investigator supervisors, and investigator managers,
provided that the primary duty of these persons shall be enforcement
of, and investigations relating to, the Food and Agricultural Code or
Division 5 (commencing with Section 12001) of the Business and
Professions Code.
(8) The Inspector General and those employees of the Office of the
Inspector General as designated by the Inspector General, provided
that the primary duty of those persons shall be the enforcement of
the law relating to the duties of the Office of the Inspector
General.
(b) Notwithstanding any other provision of law, persons designated
pursuant to this section may not carry firearms.
(c) Persons designated pursuant to this section shall be included
as "peace officers of the state" under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.
SEC. 22. Section 999c of the Penal Code
is amended to read:
999c. (a) There is hereby established in the California Emergency
Management Agency a program of financial and technical assistance
for district attorneys' offices, designated the California Career
Criminal Prosecution Program. All funds appropriated to the agency
for the purposes of this chapter shall be administered and disbursed
by the executive director secretary of
that agency in consultation with the California Council on
Criminal Justice , and shall to the greatest extent
feasible be coordinated or consolidated with federal funds that may
be made available for these purposes.
(b) The Secretary of Emergency Management is authorized to
allocate and award funds to counties in which career criminal
prosecution units are established in substantial compliance with the
policies and criteria set forth below in Sections 999d, 999e, 999f,
and 999g.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Career Criminal Prosecution Program, be made available to
support the prosecution of felony cases. Funds available under this
program shall not be subject to review as specified in Section 14780
of the Government Code.
SEC. 23. Section 1230 of the Penal Code
is amended to read:
1230. (a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentives Fund
(CCPIF), to receive all amounts allocated to that 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 moneys,
including any interest, shall be made available to the CPO of that
county, within 30 days of the deposit of those moneys into the fund,
for the implementation of the community corrections program
authorized by this chapter.
(1) The community corrections program shall be developed and
implemented by probation and advised by a local Community Corrections
Partnership.
(2) The local Community Corrections Partnership shall be chaired
by the CPO and comprised of the following membership:
(A) The presiding judge of the superior court, or his or her
designee.
(B) A county supervisor or the chief administrative officer for
the county.
(C) The district attorney.
(D) The public defender.
(E) The sheriff.
(F) A chief of police.
(G) The head of the county department of social services.
(H) The head of the county department of mental health.
(I) The head of the county department of employment.
(J) The head of the county alcohol and substance abuse programs.
(K) The head of the county office of education.
(L) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.
(M) An individual who represents the interests of victims.
(3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to probation, and shall be spent on
evidence-based community corrections practices and programs, as
defined in subdivision (c) (d) of
Section 1229, which may include, but are not limited to, the
following:
(A) Implementing and expanding evidence-based risk and needs
assessments.
(B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative justice
programs, work furlough programs, and incarceration in county jail
for up to 90 days.
(C) Providing more intensive probation supervision.
(D) Expanding the availability of evidence-based rehabilitation
programs including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
(4) The CPO shall have discretion to spend funds on any of the
above practices and programs consistent with this act but, at a
minimum, shall devote at least 5 percent of all funding received to
evaluate the effectiveness of those programs and practices
implemented with the funds provided pursuant to this chapter. A CPO
may petition the Administrative Office of the Courts to have this
restriction waived, and the Administrative Office of the Courts shall
have the authority to grant such a petition, if the CPO can
demonstrate that the department is already devoting sufficient funds
to the evaluation of these programs and practices.
(5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
SEC. 24. Section 1233 of the Penal Code
is amended to read:
1233. (a) The Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall calculate for each county
a baseline probation failure rate that equals the weighted
average number of adult felony probationers sent to state prison
during calendar years 2006 to 2008, inclusive, as a percentage of the
weighted average adult felony probation population during
the same period.
(b) For purposes of calculating the baseline probation failure
rate, the number of adult felony probationers sent to prison shall
include those adult felony probationers sent to state prison for a
revocation of probation, as well as adult felony probationers sent to
state prison for a conviction of a new felony offense. The
calculation shall also include adult felony probationers sent to
prison for conviction of a new crime who simultaneously have their
probation term terminated.
SEC. 25. Section 1233.4 of the Penal
Code is amended to read:
1233.4. (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding as provided for in this
section.
(b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent of the savings to the state attributed to those
counties that successfully reduce the number of adult felony
probationers sent to state prison.
(c) The savings estimated pursuant to subdivision (b) shall be
used to provide high performance grants to county probation
departments for the purpose of bolstering evidence-based probation
practices designed to reduce recidivism among adult felony
probationers.
(d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
(e) A county probation department may receive a high
performance grant under this section in a year in which it does not
also receive a probation failure reduction incentive payment as
provided for in Section 1233.3 that qualifies for a
probation failure reduction incentive payment and a high performance
grant payment as provided for in Section 1233.3 in the same year
shall choose to receive either the probation failure incentive
payment or the high performance grant payment . The CPO of a
county that qualifies for both a high performance grant and a
probation failure reduction incentive payment shall indicate to the
Administrative Office of the Courts, by a date designated by the
Administrative Office of the Courts, whether the CPO chooses to
receive the high performance grant or probation failure reduction
payment.
(f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults ages 18 to 25, inclusive, in each of the
counties receiving qualifying for the
grants.
SEC. 26. Section 1233.6 of the Penal
Code is amended to read:
1233.6. (a) Probation failure reduction incentive payments and
high performance grants calculated for any calendar year shall be
provided to counties in the following fiscal year. The total annual
payment to each county shall be divided into four equal quarterly
payments.
(b) The Department of Finance shall include an estimate of the
total probation failure reduction incentive payments and high
performance grants to be provided to counties in the coming fiscal
year as part of the Governor's proposed budget released no later than
January 10 of each year. This estimate shall be adjusted by the
Department of Finance, as necessary, to reflect the actual
calculations of probation revocation incentive payments and high
performance grants completed by the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts. This
adjustment shall occur as part of standard budget revision processes
completed by the Department of Finance in April and May of each year.
(c) There is hereby established a , in the
S tate T reasury, the
State Community Corrections Performance Incentives Fund ,
which is continuously appropriated . Moneys budgeted
appropriated for purposes of providing probation
revocation incentive payments and high performance grants authorized
in Sections 1230 to 1233.6,
inclusive, shall be deposited transferred
into this fund from the General Fund . Any moneys
deposited transferred into this fund
from the General Fund shall be administered by the
Administrative Office of the Courts and the share calculated for each
county probation department shall be transferred to its Community
Corrections Performance Incentives Fund authorized in Section 1230.
The Legislature may allocate up to 3
N o more than 1 percent of the
funds annually deposited into the State Community
Corrections Performance Incentives Fund estimated
savings to the state resulting from the population of felony
probationers successfully prevented from being sent to state prison,
as calculated by the Depa rtment of
Finance, shall be appropriated for use by the Administrative
Office of the Courts for the costs of implementing and
administering this program.
(d) For each fiscal year, the Director of Finance shall determine
the total amount of the State Community Corrections Performance
Incentives Fund and the amount to be allocated to each county,
pursuant to this section and Sections 1230 to 1233.5, inclusive, and
shall report those amounts to the Controller. The Controller shall
make an allocation from the State Community Corrections Performance
Incentives Fund authorized in subdivision (c) to each county in
accordance with the amounts provided.
SEC. 27. Section 1233.61 is added to the
Penal Code , to read:
1233.61. Notwithstanding any other provision of law, any moneys
remaining in the State Community Corrections Performance Incentives
Fund, after the calculation and award determination of each county's
tier payments or high performance grant payments pursuant to Sections
1233.3 and 1233.4, shall be distributed to county probation
departments as follows:
(a) The Department of Finance shall increase the award amount for
any county whose tier payment or high performance grant payment, as
calculated pursuant to Sections 1233.3 and 1233.4, totals less than
one hundred thousand dollars ($100,000) to no more than one hundred
thousand dollars ($100,000).
(b) The Department of Finance shall evenly distribute any
remaining funds to those counties that did not receive a tier payment
or a high performance grant payment, as calculated pursuant to
Sections 1233.3 and 1233.4.
(c) At no time shall an award provided to a county through
subdivision (b) exceed the amount of a grant award provided to
counties that are eligible to receive increased award amounts
pursuant to subdivision (a).
(d) Any county receiving funding through subdivision (b) shall
submit a report to the Administrative Office of the Courts and the
Chief Probation Officers of California describing how they plan on
using the funds to enhance their ability to be successful under this
act.
(e) This section shall remain in effect only until June 30, 2013
and as of that date is repealed, unless a later enacted statute, that
is enacted before June 30, 2013, deletes or extends that date.
SEC. 28. Section 5023.7 is added to the
Penal Code , to read:
5023.7. (a) Notwithstanding any other provision of law, money
recovered prior to July 1, 2011, from an overpayment of a medical
contract expenditure, under the authority of the federal health care
receiver, shall be credited to the fiscal year in which the
expenditure was drawn. An amount not to exceed the amount of the
overpayment shall be augmented to the appropriation to the department
for the 2010-11 fiscal year, upon approval of the Department of
Finance.
(b) Money recovered on or after July 1, 2011, from an overpayment
of a medical contract expenditure, under the authority of the federal
health care receiver, shall be credited to the fiscal year in which
the expenditure was drawn. An amount not to exceed the amount of the
overpayment shall be augmented to the appropriation to the department
for the fiscal year in which the overpayment is received, upon
approval of the Department of Finance.
(c) Any money recovered and any adjustments to appropriations made
pursuant to subdivisions (a) and (b) shall be reported to the Joint
Legislative Budget Committee within 30 days.
(d) The requirement for submitting a report imposed under
subdivision (c) is inoperative on January 1, 2016, pursuant to
Section 10231.5 of the Government Code.
SEC. 29. Section 5072 of the Penal Code
is amended to read:
5072. (a) Notwithstanding any other provision of law, the
State Department of Corrections and Rehabilitation
and the State Department of Health Care Services may develop a
process to maximize federal financial participation for the provision
of acute inpatient hospital services rendered to
individuals who, but for their institutional status as inmates, are
otherwise eligible for Medi-Cal pursuant to Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code or for the Coverage Expansion and
Enrollment Demonstration (CEED) Project Low Income
Health Program (LIHP) pursuant to Part 3.6 (commencing with
Section 15909) of Division 9 of the Welfare and Institutions Code.
(b) (1) A CEED project shall reimburse a provider for the delivery
of inpatient hospital services pursuant to this section rendered to
an inmate whose county of last legal residence participates in the
CEED project.
(2) The State Department of Health Care Services may at its
discretion require a CEED Project, as a condition of participation as
a CEED project, to enroll an eligible inmate whose county of last
legal residence participates in that CEED project.
(b) Federal reimbursement for acute inpatient hospital services
for inmates enrolled in Medi-Cal shall occur through the State
Department of Health Care Services and federal reimbursement for
acute inpatient hospital services for inmates not enrolled in
Medi-Cal but who are eligible for a LIHP shall occur through a county
LIHP.
(c) (1) The Secretary of the Department of Corrections and
Rehabilitation, in conjunction with the State Department of Health
Care Services, shall develop a process to compensate CEED
projects for the nonfederal share of the payment they expend for both
the claim federal financial participation and to
reimburse the Department of Corrections and Rehabilitation for the
federal share of the allowable Medicaid cost provision of
acute inpatient hospital services rendered to inmates according
to this section and for any administrative costs incurred in support
of those services.
(2) Under the process described in paragraph (1), CEED
projects shall be held harmless for any disallowance or deferral when
federal action is taken due to the implementation of the state's
policies, directions, or requirements for the provision of services
under this section. Public or community hospitals
shall invoice the Department of Corrections and Rehabilitation to
obtain reimbursement for acute inpatient hospital services in
accordance with contracted rates of reimbursement, or if no contract
is in place, the rates pursuant to Section 5023.5. The Department of
Corrections and Rehabilitation shall reimburse a public or
community hospital for the delivery of acute inpatient hospital
services rendered to an inmate pursuant to this section. For
individuals eligible for Medi-Cal pursuant to this section, the
Department of Corrections and Rehabilitation shall submit a monthly
invoice to the State Department of Health Care Services for claiming
federal participation at the Medi-Cal rate for acute inpatient
hospital services. For enrollees in the LIHP, the Department of
Corrections and Rehabilitation shall submit a monthly invoice to the
county of last legal residence pursuant to Section 14053.7 of the
Welfare and Institutions Code. The county shall submit the invoice to
the State Department of Health Care Services for claiming federal
financial participation for acute inpatient hospital services for
individuals made eligible pursuant to this section, pursuant to
Section 14053.7 of the Welfare and Institutions Code, and pursuant to
the process developed in subdivision (b). The
State Department of Health Care Services shall claim federal
participation for eligible services for LIHP enrolled inmates at the
rate paid by the Department of Corrections and Rehabilitation
. The State Department of Health Care Services and counties
shall remit funds received for federal participation to the
Department of Corrections and Rehabil itation
for allowable costs incurred as a result of delivering acute
inpatient hospital services allowable under this section.
(3) Under the process described in paragraph (1), CEED
projects The county LIHPs shall not
experience any additional net expenditures of county funds due to the
provision of services under this section.
(4) Under the process described in paragraph (1),
payments made by CEED projects to providers for the delivery of
hospital inpatient services under this section shall be based upon
the rate of reimbursement that the department paid prior to the
enactment of this section, as adjusted under state law or department
contract. The Department of Corrections and
Rehabilitation shall reimburse the State Department of Health Care
Services and counties for administrative costs that are not
reimbursed by the federal government.
(5) As part of the process described in paragraph (1),
the department shall compensate a CEED project, in the form of a
direct grant, for uncompensated, allowable costs incurred as a result
of delivering services under this section, including hospital
inpatient services rendered to an inmate by an out-of-network
provider. The Department of Corrections and
Rehabilitation shall reimburse the State Depa rtment of
Health Care Services for any disallowance that is required to be
returned to the Centers for Medicare and Medicaid Services for any
litigation costs incurred due to the implementation of this section.
(6)
(d) (1) The state shall indemnify
and hold harmless participating entities that operate CEED
projects a LIHP , including all counties, and
all counties that operate in a consortium that participates as a
CEED project LIHP , against any and all
losses, including, but not limited to, claims, demands, liabilities,
court costs, judgments, or obligations, due to the implementation of
this section as directed by the secretary and the State Department
of Health Care Services.
(2) The State Department of Health Care Services may at its
discretion require a county, as a condition of participation as a
LIHP, to enroll an eligible inmate into its LIHP if the county is the
inmate's county of last legal residence.
(3) The county LIHPs shall be held harmless by the state for any
disallowance or deferral if federal action is taken due to the
implementation of this section in accord with the state's policies,
directions, and requirements.
(e) (1) The Department of Corrections and Rehabilitation, in
conjunction with the State Department of Health Care Services, shall
develop a process to facilitate eligibility determinations for
individuals who may be eligible for Medi-Cal or a LIHP pursuant to
this section and Section 14053.7 of the Welfare and Institutions
Code.
(2) The Department of Corrections and Rehabilitation shall assist
inmates in completing either the Medi-Cal or LIHP application as
appropriate and shall forward that application to the State
Department of Health Care Services for processing.
(3) Notwithstanding any other state law, and only to the extent
that federal law allows and federal financial participation is
available, for the limited purpose of implementing this section, the
department or its designee is authorized to act on behalf of an
inmate for purposes of applying for or determinations of Medi-Cal or
LIHP eligibility.
(d)
(f) (1) Nothing in this section shall be interpreted to
restrict or limit the eligibility or alter county responsibility for
payment of any service delivered to a parolee who has been released
from detention or incarceration and now resides in a county that
participates in the CEED project LIHP .
If otherwise eligible for the county's CEED project
LIHP , the CEED project
LIHP shall enroll the parolee.
(2) Notwithstanding paragraph (1), at the option of the state, for
enrolled parolees who have been released from detention or
incarceration and now reside in a county that participates in a
CEED project LIHP , the CEED
project LIHP shall reimburse providers for the
delivery of services which are otherwise the responsibility of the
state to provide. Payment for these medical services, including both
the state and federal shares of reimbursement, shall be included as
part of the reimbursement process described in paragraph (1) of
subdivision (c).
(3) Enrollment of individuals in a CEED project
LIHP under this subdivision shall be subject to any
enrollment limitations described in subdivision (g) of Section 15910
of the Welfare and Institutions Code.
(e)
(g) The department shall be responsible to the
CEED project LIHP for the nonfederal share of
any reimbursement made for the provision of acute
inpatient hospital services rendered to inmates pursuant to this
section who are eligible for and enrolled in that CEED
project LIHP .
(f)
(h) Except as otherwise provided by paragraph
(5) of subdivision (c), and notwithstanding any other provision of
law, the inpatient hospital services eligible for reimbursement under
Reimbursement pursuant to this
section shall be limited to only those acute
inpatient hospital services for which are
subject to funding with federal financial participation
pursuant to Title XIX of the Social Security Act is allowed
.
(g)
(i) This section shall have no force or effect if there
is a final judicial determination made by any state or federal court
that is not appealed, or by a court of appellate jurisdiction that
is not further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that limits or affects the department'
s authority to select the hospitals used to provide inpatient
hospital services to inmates.
(h)
(j) It is the intent of the Legislature that the
implementation of this section will result in state General Fund
savings for the funding of acute inpatient hospital
services and provided to inmates along with
any related administrative costs to the inmate
population .
(i)
(k) Any agreements entered into between the
department and any CEED project under this section for
Medi-Cal or a LIHP to provide for reimbursement of acute
inpatient hospital services and administrative expenditures as
described in subdivision (c) shall not be subject to Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code.
(j)
(l) This section shall be implemented in a manner that
is consistent with federal Medicaid law and regulations. The Director
of the State Department of Health Care Services shall seek any
federal approvals necessary for the implementation of this section.
This section shall be implemented only if
when and to the extent that any necessary federal approval is
obtained, and only to the extent that existing levels of federal
financial participation are not otherwise jeopardized.
(k)
(m) To the extent that the Director of the State
Department of Health Care Services determines that existing levels of
federal financial participation are jeopardized, this section shall
no longer be implemented.
(l)
(n) Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, the State Department of Health Care Services may, without
taking any further regulatory action, implement this section by means
of all-county letters, provider bulletins, facility letters, or
similar instructions.
(m)
(o) For purposes of this section, the following terms
have the following meanings:
(1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
(2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered, or regulated,
directly or indirectly, by the department.
(3) During the existence of the receivership established in United
States District Court for the Northern District of California, Case
No. CO1-1351 TEH, Plata v. Schwarzenegger, references in this section
to the "secretary" shall mean the receiver appointed in that action,
who shall implement portions of this section that would otherwise be
within the secretary's responsibility.
SEC. 30. Section 6024 of the Penal Code
is repealed.
6024. Commencing July 1, 2005, there is hereby established within
the Department of Corrections and Rehabilitation the Corrections
Standards Authority. As of July 1, 2005, any reference to the Board
of Corrections refers to the Corrections Standards Authority. As of
that date, the Board of Corrections is abolished.
SEC. 31. Section 6024 is added to the
Penal Code , to read:
6024. (a) Commencing January 1, 2012, there is hereby established
the Board of State and Community Corrections. The Board of State and
Community Corrections shall be an entity independent of the
Department of Corrections and Rehabilitation. As of January 1, 2012,
any references to the Board of Corrections or the Corrections
Standards Authority shall refer to the Board of State and Community
Corrections. As of that date, the Corrections Standards Authority is
abolished.
(b) The mission of the board shall include providing statewide
leadership, coordination, and technical assistance for state and
local partnerships in California's adult and juvenile criminal
justice system, including, but not limited to, implementation of the
2011 realignment legislation for public safety. This mission shall
reflect the principal of aligning fiscal policy and correctional
practices to promote a justice investment strategy that fits each
county and is consistent with the integrated statewide goal of
improved public safety through cost-effective, evidence-based
strategies for managing criminal justice populations.
(c) The board shall be advised by a permanent Commission on Adult
Corrections and a permanent Commission on Juvenile Justice.
(d) The board shall act as the supervisory board of the state
planning agency pursuant to federal acts. It shall annually review
and approve, or review, revise, and approve, the comprehensive state
plan for the improvement of criminal justice and delinquency
prevention activities throughout the state, shall establish
priorities for the use of such funds as are available pursuant to
federal acts, and shall approve the expenditure of all funds pursuant
to such plans or federal acts; provided that the approval of such
expenditures may be granted to single projects or to groups of
projects.
(e) It is the intent of the Legislature that any statutory
authority conferred on the Corrections Standards Authority or the
previously abolished Board of Corrections shall apply to the Board of
State and Community Corrections on and after January 1, 2012, unless
expressly repealed by this act.
SEC. 32. Section 6025 of the Penal Code
is repealed.
6025. (a) Commencing July 1, 2005, the Corrections Standards
Authority shall be composed of 19 members, one of whom shall be the
Secretary of the Department of Corrections and Rehabilitation, or his
or her designee, who shall be designated as the chairperson, and
four of whom shall be subordinate officers of the secretary. At least
one subordinate officer shall be a manager or administrator of a
state correctional facility for adult offenders, and at least one
subordinate officer shall be a manager or administrator of a state
correctional facility for juvenile offenders. The remaining 14
members shall be appointed by the Governor after consultation with,
and with the advice of, the secretary, and with the advice and
consent of the Senate. The gubernatorial appointments shall include
all of the following:
(1) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of 200 or less
inmates.
(2) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of over 200
inmates.
(3) A county supervisor or county administrative officer.
(4) A chief probation officer from a county with a population over
200,000.
(5) A chief probation officer from a county with a population
under 200,000.
(6) A manager or administrator of a county local detention
facility.
(7) An administrator of a local community-based correctional
program.
(8) Two public members, at least one of whom shall represent the
interests of crime victims.
(9) Four rank and file representatives: one juvenile probation
officer who is a first-line supervisor or lower rank, with a minimum
of five years of experience as a juvenile probation officer; one
deputy sheriff who is a sergeant or lower rank, with a minimum of
five years of experience in an adult correctional facility; one state
parole officer or parole agent; and one person with a minimum of
five years experience working in a state adult correctional facility.
(10) A representative of a community-based youth service
organization.
(b) The terms of the members appointed by the Governor shall
expire as follows: seven on July 1, 2007, and seven on July 1, 2008.
Successor members shall hold office for terms of three years, each
term to commence on the expiration date of the predecessor. Any
appointment to a vacancy that occurs for any reason other than
expiration of the term shall be for the remainder of the unexpired
term. Members are eligible for reappointment.
(c) The authority shall select a vice chairperson from among its
members. Ten members of the board shall constitute a quorum.
(d) When the authority is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of hearing of charges and the determination of recommendations
to the Governor.
(e) If any appointed member is not in attendance for three
consecutive meetings the authority may recommend to the Governor that
the member be removed and the Governor may make a new appointment,
with the advice and consent of the Senate, for the remainder of the
term.
SEC. 33. Section 6025 is added to the
Penal Code , to read:
6025. (a) Commencing January 1, 2012, the Board of State and
Community Corrections shall be composed of nine members, as follows:
(1) The Chair of the Board of State and Community Corrections,
appointed by the Governor and subject to Senate confirmation, who
shall have the knowledge, experience, and expertise necessary to
facilitate effective state leadership in promoting the coordination
of California's state and local criminal and juvenile justice
systems, policies, practices, and resources.
(2) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee.
(3) A judge appointed by the Judicial Council of California.
(4) The Executive Officer of the California Victim Compensation
and Government Claims Board, or his or her designee.
(5) A chief probation officer, appointed by the Governor and
subject to Senate confirmation.
(6) A chief of police, appointed by the Governor and subject to
Senate confirmation.
(7) A sheriff, appointed by the Governor and subject to Senate
confirmation.
(8) A community provider of rehabilitative treatment or services
for adult offenders, appointed by the Speaker of the Assembly.
(9) A
community provider or advocate with expertise in effective programs,
policies, and treatment of at-risk youth and juvenile offenders,
appointed by the Senate Committee on Rules.
(b) The terms of the members appointed by the Governor shall
expire as follows: one on January 1, 2014, and three on January 1,
2015, as specified by the Governor. Successor members shall hold
office for terms of three years, each term to commence on the
expiration date of the predecessor. Any appointment to a vacancy that
occurs for any reason other than expiration of the term shall be for
the remainder of the unexpired term. Members are eligible for
reappointment.
(c) The board shall select a vice chairperson from among its
members. Five members of the board shall constitute a quorum.
(d) When the board is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of the hearing of charges and the determination of
recommendations to the Governor.
(e) If any appointed member is not in attendance for three
consecutive meetings, the board may recommend to the Governor that
the member be removed and the Governor may make a new appointment,
with the advice and consent of the Senate, for the remainder of the
term.
SEC. 34. Section 6027 of the Penal Code
is amended to read:
6027. (a) It shall be the duty of the Board
of State and Community Corrections to make a study of the
entire subject of crime, with particular reference to conditions in
the State of California, including causes of crime, possible
methods of prevention of crime, methods of best
practices in the field of crime prevention, detection of crime
and apprehension of criminals, methods of prosecution of persons
accused of crime, and the entire subject of penology, including
standards and training for correctional personnel, and to report its
findings, its conclusions , and
recommendations to the Governor and the Legislature at such times as
they may require.
(b) In consultation with its permanent advisory commissions and
other stakeholders, the board shall:
(1) Develop recommendations for the improvement of criminal
justice and delinquency prevention activity throughout the state.
(2) Identify, promote, and provide technical assistance relating
to evidence-based programs, practices, and innovative projects
consistent with the mission of the board.
(3) Receive and disburse federal funds, and perform all necessary
and appropriate services in the performance of its duties as
established by federal acts.
(4) Develop comprehensive, unified, and orderly procedures to
ensure that applications for grants are processed fairly,
efficiently, and in a manner consistent with the mission of the
board.
(5) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal
justice and delinquency prevention.
(6) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(7) Identify and evaluate state, local, and federal gang and youth
violence suppression, intervention, and prevention programs and
strategies, along with funding for those efforts. The board shall
assess and make recommendations for the coordination of the state's
programs, strategies, and funding that address gang and youth
violence in a manner that maximizes the effectiveness and
coordination of those programs, strategies, and resources. The board
shall communicate with local agencies and programs in an effort to
promote the best practices for addressing gang and youth violence
through suppression, intervention, and prevention.
(8) In collaboration with the stakeholders, promote the following:
(A) The collection and analysis of data on gang membership
statewide and the effectiveness of various gang prevention efforts.
(B) The development of reliable and accurate sources of data to
measure the scale and characteristics of California's gang problems.
(C) The development of a clearinghouse for research on gangs,
at-risk youth, and prevention and intervention programs in order to
identify best practices and evidence-based programming, as well as
unsuccessful practices, and in order to promote effective strategies
for reducing gang involvement and gang violence.
(D) Assisting state and local governmental and nongovernmental
entities in developing violence and gang prevention strategies,
including built-in evaluation components.
(E) The development of sustained coordination mechanisms among
state, local, and regional entities.
(F) The identification of available or needed federal, state,
regional, local, and private funding resources.
(G) Providing or otherwise promoting public education on effective
programs, models, and strategies for the control of violence and
serving as a clearinghouse for information on gang violence
prevention issues, programs, resources, and research.
(H) Providing or otherwise promoting training and technical
assistance to help build the capacity of organizations, communities,
and local government to develop, implement, and evaluate gang
violence prevention programs.
(I) Providing information and guidance to state and local
governmental and nongovernmental entities on accessing state and
federal resources to prevent gang violence.
(J) Facilitating greater integration between existing entities
with respect to gang prevention efforts.
(c) The board may do either of the following:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
(2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.
SEC. 35. Section 6030 of the Penal Code
is amended to read:
6030. (a) The Corrections Standards Authority
Board of State and Community Corrections shall establish
minimum standards for state and local correctional
facilities. The standards for state correctional facilities shall be
established by January 1, 2007. The authority
board shall review those standards biennially and make any
appropriate revisions.
(b) The standards shall include, but not be limited to, the
following: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in state and local correctional facilities, and personnel
training.
(c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
(d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) The standards shall require that inmates who are received by
the facility while they are pregnant are provided all of the
following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
(3) Information pertaining to childbirth education and infant
care.
(4) A dental cleaning while in a state facility.
(f) The standards shall provide that at no time shall a woman who
is in labor be shackled by the wrists, ankles, or both including
during transport to a hospital, during delivery, and while in
recovery after giving birth, except as provided in Section 5007.7.
(g) In establishing minimum standards, the authority shall seek
the advice of the following:
(1) For health and sanitary conditions:
The State Department of Health Services, physicians,
psychiatrists, local public health officials, and other interested
persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested
persons.
(3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
(5) For female inmates and pregnant inmates in local adult and
juvenile facilities:
The California State Sheriffs' Association and Chief Probation
Officers' Association of California, and other interested persons.
SEC. 36. Section 6051 of the Penal Code
is repealed.
6051. The Inspector General may conduct a management review audit
of any warden in the Department of Corrections and Rehabilitation or
superintendent in the Division of Juvenile Justice. The management
review audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
management review audit shall include an assessment of the
maintenance of the facility managed by the warden or superintendent.
The audit report shall be submitted to the secretary of the
department for evaluation and for any response deemed necessary. Any
Member of the Legislature or the public may request and shall be
provided with a copy of any audit by the Inspector General, including
a management review audit or a special audit or review. A report
that involves potential criminal investigations or prosecution or
security practices and procedures shall be considered confidential,
and its disclosure shall not be required under this section.
SEC. 37. Section 6126 of the Penal Code
is amended to read:
6126. (a) (1) The Inspector
General shall review departmental policy and procedures,
conduct audits of investigatory practices and other audits,
be responsible for contemporaneous oversight of internal affairs
investigations and the disciplinary process, and conduct
investigations process of the Department of
Corrections and Rehabilitation , as requested by either the
Secretary of the Department of Corrections and Rehabilitation or a
Member of the Legislature , pursuant to the
approval of the Inspector General Section 6133
under policies to be developed by the Inspector General. The
Inspector General may, under policies developed by the Inspector
General, initiate an investigation or an audit on his or her own
accord.
(2) The
(b) When requested by the Governor, the
Senate Committee on Rules, or the Speaker of the Assembly, the
Inspector General shall audit each warden of an institution
one year after his or her appointment, review
policies, practices, and shall audit each correctional
institution at least once every four years. Each audit
procedures of a warden shall include, but not be
limited to, issues relating to personnel, training, investigations,
and financial matters. Each four-year audit shall include an
assessment of the maintenance of the facility
managed by the warden department . The
audit report shall include all significant findings of the
Inspector General's assessment of facility maintenance.
These audit reports shall be provided to the Legislature and shall be
made public. The requirements General, under policies
developed by the Inspector General, may recommend that the Governor,
the Senate Committee on Rules, or the Speaker of this
paragraph shall be phased in by the Inspector General so that they
are fully met by July 1, 2009 the Assembly request a
review of a specific departmental policy, practice, or
procedure which raises a significant correctional issue relevant to
the effectiveness of the department. When
exigent circumstances of unsafe or life threatening situations arise
involving inmates, w a rds, parolees, or staff,
the Inspector General may, by whatever means is most expeditious,
notify the Governor, Senate Committee on Rules, or the
Speaker of th e Assembly .
(b)
(c) Upon completion of an investigation or
audit, a review, the Inspector General shall
provide a response to the requester.
(c)
(d) The Inspector General shall, during the course of
an investigatory audit, a review,
identify areas of full and partial compliance, or noncompliance, with
departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend
corrective actions, including, but not limited to, additional
training with respect to investigative policies ,
additional policies, or changes in policy, as well as any other
findings or recommendations that the Inspector General deems
appropriate.
(d)
(e) The Inspector General, pursuant to Section 6126.6,
shall review the Governor's candidates for appointment to serve as
warden for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
(f) The Inspector General shall conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.
(e)
(g) The Inspector General shall, in consultation with
the Department of Finance, develop a methodology for producing a
workload budget to be used for annually adjusting the budget of the
Office of the Inspector General, beginning with the budget for the
2005-06 fiscal year.
SEC. 38. Section 6126.1 of the Penal
Code is repealed.
6126.1. (a) The Inspector General shall establish a certification
program for peace officers under the Inspector General's
jurisdiction who are subject to Section 830.2. The peace officer
training course shall be consistent with the standard courses
utilized by the Commission on Peace Officer Standards and Training
and other major investigative offices, such as county sheriff and
city police departments and the Department of the California Highway
Patrol.
(b) Beginning January 1, 1999, peace officers under the Inspector
General's jurisdiction conducting investigations for the Office of
the Inspector General shall complete investigation training
consistent with standard courses utilized by other major law
enforcement investigative offices and be certified within six months
of employment.
(c) Beginning January 1, 1999, all peace officers under the
Inspector General's jurisdiction shall successfully pass a
psychological screening exam before becoming employed with the Office
of the Inspector General.
SEC. 39. Section 6126.2 of the Penal
Code is amended to read:
6126.2. The Inspector General shall not hire as a peace
officer any person known to be directly or indirectly
involved in an open internal affairs investigation being conducted by
any federal, state, or local law enforcement agency or the
Office of the Inspector General.
SEC. 40. Section 6126.3 of the Penal
Code is amended to read:
6126.3. (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed audit
review within three years after a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
(c) The following books, papers, records, and correspondence of
the Office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure or
Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of
Title 2 of the Government Code in any manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(a) or (b) of Section 6131, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any audit
or investigation review that has not been
completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
(5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to contemporaneous
public oversight pursuant to Section 6133.
SEC. 41. Section 6126.4 of the Penal
Code is amended to read:
6126.4. It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public. This prohibition is also applicable
to any person who has been furnished a
draft copy of any report for comment or review or any person or
business entity that is contracting with or has contracted with the
Inspector General and to the employees and former employees of that
person or business entity or the employees of any state agency or
public entity that has assisted the Inspector General in the
course of any audit or investigation or that has been furnished a
draft copy of any report for comment or review
connection with duties authorized by this chapter .
SEC. 42. Section 6126.5 of the Penal
Code is amended to read:
6126.5. (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property
of the Department of Corrections and Rehabilitation for any
audit, investigation, inspection, or contemporaneous oversight
in connection with duties authorized by this chapter
. Any officer or employee of any agency or entity having these
records or property in his or her possession or under his or her
control shall permit access to, and examination and reproduction
thereof consistent with the provisions of this section, upon the
request of the Inspector General or his or her authorized
representative.
(b) For the purpose of conducting any audit,
investigation, inspection, or contemporaneous oversight,
In connection with duties authorized by this chapter, the
Inspector General or his or her authorized representative shall have
access to the records and property of any public or private entity or
person subject to review or regulation by the public agency or
public entity being audited, investigated, or overseen
to the same extent that employees or officers of that
agency or public entity have access. No provision of law or any
memorandum of understanding or any other agreement entered into
between the employing entity and the employee or the employee's
representative providing for the confidentiality or privilege of any
records or property shall prevent disclosure pursuant to subdivision
(a). Access, examination, and reproduction consistent with the
provisions of this section shall not result in the waiver of any
confidentiality or privilege regarding any records or property.
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General may require any employee of the
Department of Corrections and Rehabilitation to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of
Section 3309.5 of the Government Code as if the Inspector General
were the employer, except that the Inspector General shall not be
subject to the provisions of any memorandum of understanding or other
agreement entered into between the employing entity and the employee
or the employee's representative that is in conflict with, or adds
to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.
SEC. 43. Section 6127.1 of the Penal
Code is amended to read:
6127.1. The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any investigation or audit conducted
pursuant to duties authorized by this chapter.
The Inspector General shall have authority to hire or retain counsel
to provide confidential advice during audits and
investigations . If the Attorney General has a conflict of
interest in representing the Inspector General in any litigation, the
Inspector General shall have authority to hire or retain counsel to
represent the Inspector General.
SEC. 44. Section 6127.3 of the Penal
Code is amended to read:
6127.3. (a) In connection with an audit, investigation,
or inspection duties authorized pursuant to this
chapter, the Inspector General, or his or her designee,
Office of the Inspector General may do any of
the following:
(1) Administer oaths.
(2) Certify to all official acts.
(3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview conducted as part of an
audit or investigation. pursuant to duties authorized
by this chapter.
(b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her
designee. office. The person serving this
process may receive compensation as is allowed by the
Inspector General, or his or her designee, office,
not to exceed the fees prescribed by law for similar service.
SEC. 45. Section 6127.4 of the Penal
Code is amended to read:
6127.4. (a) The superior court in the county in which any
investigative interview is held under the
direction of the Inspector General General,
or his or her designee designee,
pursuant to duties authorized by this chapter has jurisdiction
to compel the attendance of witnesses, the making of oral or written
sworn statements, and the production of papers, books, accounts, and
documents, as required by any subpoena issued by the
Inspector General or his or her designee. office.
(b) If any witness
refuses to attend or testify or produce any papers required by the
subpoena, the Inspector General General,
or his or her designee designee,
may petition the superior court in the county in which the hearing is
pending for an order compelling the person to attend and answer
questions under penalty of perjury or produce the papers required by
the subpoena before the person named in the subpoena. The petition
shall set forth all of the following:
(1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
(2) That the person has been subpoenaed in the manner prescribed
in this chapter.
(3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General
or his or her designee office as named in the
subpoena, or has refused to answer questions propounded to him or her
in the course of the investigative interview
under penalty of perjury.
(c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General General,
or his or her designee, designee,
the court shall enter an order that the person appear before the
person named in the subpoena at the time and place fixed in the order
and answer questions under penalty of perjury or produce the
required papers. Upon failure to obey the order, the person shall be
dealt with as for contempt of court.
SEC. 46. Section 6128 of the Penal Code
is amended to read:
6128. (a) The Office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (b) (c)
of Section 8547.2 of the Government Code. It is not the purpose
of these communications to redress any single disciplinary action or
grievance that may routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public. When
appropriate requested pursuant to Section
6126 , the Inspector General shall initiate an
investigation or audit a review of any alleged
improper governmental activity. However, any request to
conduct an investigation shall be in writing.
(c) All identifying information, and any personal papers or
correspondence from any person who initiated the
investigation review shall not be disclosed,
except in those cases where the Inspector General determines that
disclosure of the information is necessary in the interests of
justice.
SEC. 47. Section 6129 of the Penal Code
is amended to read:
6129. (a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General shall commence an inquiry into
the complaint and conduct a formal investigation
review where a legally cognizable cause of action is
presented. All investigations reviews
conducted pursuant to this section shall be performed in accordance
with Sections 6126.5 and 6127.3. The Inspector General may refer all
other matters for investigation by the appropriate employing entity,
subject to investigative oversight by the
Inspector General. In a case in which the employing entity declines
to investigate the complaint, it shall, within 30 days of receipt of
the referral by the Inspector General, notify the Inspector General
of its decision. The Inspector General shall thereafter, conduct his
or her own inquiry into the complaint. If, after reviewing the
complaint, the Inspector General determines that a legally cognizable
cause of action has not been presented by the complaint, the
Inspector General shall thereafter notify the complaining employee
and the State Personnel Board that a formal investigation
review is not warranted.
(2) When investigating reviewing a
complaint, in determining whether retaliation has occurred, the
Inspector General or the employing entity shall consider, among other
things, whether any of the following either actually occurred or
were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.
(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's review or the
employing entity's investigation, or until the complaint is rejected
or otherwise dismissed by the Inspector General or the employing
entity. An employee, however, may not be required to first file a
retaliation complaint with the Inspector General prior to filing a
complaint with the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
investigative report to the State Personnel Board,
or until the complaint is rejected or otherwise dismissed by the
Inspector General or the employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation review
, that an employee has been subjected to acts of reprisal,
retaliation, threats, or similar acts in violation of this section,
the Inspector General shall provide a copy of the
investigative report, together with all other underlying
investigative materials the Inspector General
determines to be relevant, to the appropriate director or chair who
shall take appropriate corrective action. In a case in which the
Inspector General determines, based on an independent review of the
investigation conducted by the employing entity, that an employee has
been subjected to acts of reprisal, retaliation, threats, or similar
acts in violation of this section, the Inspector General shall
submit a written recommendation to the appropriate director or chair
who shall take appropriate corrective action. If the hiring authority
initiates disciplinary action as defined in Section 19570 of the
Government Code, it shall provide the subject with all materials
required by law.
(2) The Inspector General shall publish a quarterly summary of
investigations, with personal identifying information removed,
including, but not limited to, the conduct investigated, any
recommended discipline, and any discipline actually imposed.
(3)
(2) Any employee at any rank and file, supervisory, or
managerial level, who intentionally engages in acts of reprisal,
retaliation, threats, coercion, or similar acts against another
employee, pursuant to paragraph (2) of subdivision (a), shall be
disciplined by the employing entity by adverse action as provided in
Section 19572 of the Government Code. The disciplinary action shall
require, at a minimum, a suspension for not less than 30 days without
pay, except in a case in which the employing entity determines that
a lesser penalty is warranted. In that case, the employing entity
shall, within 30 days of receipt of the investigative
report, provide written justification for that decision to
the Inspector General. The employing entity shall also, within 30
days of receipt of the written report, notify the Inspector General
in writing as to what steps, if any, it has taken to remedy the
retaliatory conduct found to have been committed by any of its
employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the investigative
report from the Inspector General, and shall notify the Inspector
General of the specific reasons why the director or chair declined to
invoke adverse action proceedings against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the investigative report, together with all other
underlying investigative materials the Inspector
General deems to be relevant, to the State Personnel Board so that
the complaining employee can request leave to file charges against
the employee found to have engaged in acts of reprisal, retaliation,
threats, or similar acts, in accordance with the provisions of
Section 19583.5 of the Government Code. If the State Personnel Board
accepts the complaint, the board shall provide the charged and
complaining parties with a copy of all relevant materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
SEC. 48. Section 6131 of the Penal Code
is amended to read:
6131. (a) Upon the completion of any audit
review conducted by the Inspector General, he or she shall
prepare a public written report , which shall be
disclosed, along with all underlying materials the Inspector General
deems appropriate, to the Governor, the Secretary of the Department
of Corrections and Rehabilitation, the appropriate director,
chairperson, or law enforcement agency, and the Legislature
. The public written report shall differ from the complete
written report in the respect that the Inspector General shall have
the discretion to redact or otherwise protect the names of
individuals, specific locations, or other facts that, if
not redacted, might hinder prosecution related to the
review, or where disclosure of the information is otherwise
prohibited by law, and to decline to produce any of the underlying
materials. Copies of all those public
written reports shall be posted on the Inspector General's
Internet Web site within 10 days of being disclosed to the
above-listed entities or persons listed in subdivision
(b) .
(b) Upon the completion of any investigation
review conducted by the Inspector General, he or she shall
prepare a complete written report, which shall be held as
confidential and disclosed in confidence, along with all underlying
investigative materials the Inspector General
deems appropriate, to the Governor, the Secretary of the Department
of Corrections and Rehabilitation, and the appropriate
director, chairperson, or law enforcement agency.
(c) Upon the completion of any investigation
review conducted by the Inspector General, he or she shall
also prepare and issue on a quarterly basis a public
investigative report that includes all
investigations reviews completed in the previous
quarter. The public investigative report shall
differ from the complete investigative report in
the respect that the Inspector General shall have the discretion to
redact or otherwise protect the names of individuals, specific
locations, or other facts that, if not redacted, might hinder
prosecution related to the investigation,
review, or where disclosure of the information is otherwise
prohibited by law, and to decline to produce any of the underlying
investigative materials. In a case where
allegations were deemed to be unfounded, all applicable identifying
information shall be redacted. The public investigative
report shall be made available to the public upon request
and on a quarterly basis as follows:
(1) In those cases where an investigation
a review is referred only for disciplinary action before the
State Personnel Board or for other administrative proceedings, the
employing entity shall, within 10 days of receipt of the State
Personnel Board's order rendered in other administrative proceedings,
provide the Inspector General with a copy of the order. The
Inspector General shall attach the order to the public
investigative report on his or her Internet Web site and
provide copies of the report and order to the Legislature, as well as
to any complaining employee and any employee who was the subject of
the investigation. review.
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public investigative
report on his or her Internet Web site and provide copies of the
report to the Legislature, as well as to any complaining employee and
any employee who was the subject of the investigation.
review.
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public
investigative report on his or her Internet Web site and
provide copies of the report to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
investigation. review.
(4) In those cases where an investigation
a review has been referred for possible criminal prosecution,
and the applicable local law enforcement agency or the Attorney
General has decided to commence criminal proceedings against an
employee, the report shall be made public at a time deemed
appropriate by the Inspector General after consultation with the
local law enforcement agency or the Attorney General, but in all
cases no later than when discovery has been provided to the defendant
in the criminal proceedings. The Inspector General shall thereafter
post the public investigative report on his or her
Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
review.
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public investigative report on his
or her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
review.
(6) In those cases where an investigation
a review has not been referred for neither
disciplinary action or ,
other administrative proceedings, nor for or
criminal prosecution, the Inspector General shall include the
decision not to refer the matter in the public investigative
report on his or her Internet Web site and provide copies
of the report to the Legislature, as well as to any complaining
employee and any employee who was the subject of the
investigation. review.
SEC. 49. Section 6132 of the Penal Code
is amended to read:
6132. The (a)
Notwithstanding Section 10231.5 of the Government Code, the
Inspector General shall report annually to the Governor and the
Legislature a summary of his or her investigations and
audits. its reports. The summary shall be posted
on the Inspector General's office's Internet
Web site and otherwise made available to the public upon its
release to the Governor and the Legislature. The summary shall
include, but not be limited to, significant problems discovered by
the Inspector General, office, and
whether recommendations the Inspector General
office has made through audits and investigations
have been implemented by the subject agency,
department, or board. implemented.
(b) A report pursuant to subdivision (a) shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 50. Section 13800 of the Penal
Code is amended to read:
13800. Unless otherwise required by context, as used in this
title , on and after January 1, 2012 :
(a) "Agency" means the California Emergency Management
Agency Board of State and Community Corrections
.
(b) "Council" means the California Council on Criminal
Justice "Board" means the Board of State and Community
Corrections .
(c) "Federal acts" means the Federal Omnibus Crime Control and
Safe Streets Act of 1968, the Federal Juvenile Delinquency Prevention
and Control Act of 1968, and any act or acts amendatory or
supplemental thereto.
(d) "Local boards" means local criminal justice planning boards.
(e) "Secretary" means the Secretary of Emergency
Management. "Executive Director" means the Executive
Director of the Board of State and Community Corrections.
SEC. 51. Section 13801 of the Penal
Code is amended to read:
13801. Nothing in this title shall be construed as authorizing
the council, the office board , or the
local boards to undertake direct operational criminal justice
responsibilities.
SEC. 52. Section 13810 of the Penal
Code is repealed.
13810. (a) There is hereby created in the state government the
California Council on Criminal Justice, which shall be composed of
the following members: the Attorney General; the Administrative
Director of the Courts; 19 members appointed by the Governor,
including the Commissioner of the Department of the Highway Patrol,
the Secretary of the Department of Corrections and Rehabilitation, or
his or her designee, a subordinate officer of the Secretary of
Corrections and Rehabilitation, and the State Public Defender; eight
members appointed by the Senate Committee on Rules; and eight members
appointed by the Speaker of the Assembly.
(b) (1) The remaining appointees of the Governor shall include
different persons from each of the following categories: a district
attorney, a sheriff, a county public defender, a county probation
officer, a member of a city council, a member of a county board of
supervisors, a faculty member of a college or university qualified in
the field of criminology, police science, or law, a person qualified
in the field of criminal justice research and six private citizens,
including a representative of a citizens, professional, or community
organization.
(2) The Senate Committee on Rules shall include among its
appointments different persons from each of the following categories:
a member of the Senate Committee on Public Safety, a representative
of the counties, a representative of the cities, a judge designated
by the Judicial Council, and four private citizens, including a
representative of a citizens, professional, or community
organization.
(3) The Speaker of the Assembly shall include among his or her
appointments different persons from each of the following categories:
a representative of the counties, a representative of the cities, a
member of the Assembly Committee on Public Safety, a chief of police,
a peace officer, and three private citizens, including a
representative of a citizens, professional, or community organization
directly related to delinquency prevention.
(c) The Governor shall select a chairperson from among the members
of the council.
SEC. 53. Section 13811 of the Penal
Code is repealed.
13811. The council shall meet no more than 12 times per year.
The council may create subcommittees of its own membership and
each subcommittee shall meet as often as the subcommittee members
find necessary. It is the intent of the Legislature that all council
members shall actively participate in all council deliberations
required by this chapter. Any member who misses three consecutive
meetings or who attends less than 50 percent of the council's
regularly called meetings in any calendar year for any cause except
severe temporary illness or injury shall be automatically removed
from the council.
SEC. 54. Section 13812 of the Penal
Code is amended to read:
13812. Members of the council shall receive no compensation for
their services but shall be reimbursed for their expenses actually
and necessarily incurred by them in the performance of their duties
under this title. No compensation or expenses shall be received by
the members of any continuing task forces, review committees or other
auxiliary bodies created by the council who are not council members,
except that persons requested to appear before the council with
regard to specific topics on one or more occasions shall be
reimbursed for the travel expenses necessarily incurred in fulfilling
those requests.
13812. The Advisory Committee on Juvenile Justice and
Delinquency Prevention appointed by the Governor pursuant to federal
law may be reimbursed by the agency or agencies designated by the
Director of Finance pursuant to Section 13820 for expenses
necessarily incurred by the members. Staff support for the committee
will be provided by the agency or agencies designated by the Director
of Finance pursuant to Section 13820.
SEC. 55. Section 13813 of the Penal
Code is repealed.
13813. The council shall act as the supervisory board of the
state planning agency pursuant to federal acts. It shall annually
review and approve, or review, revise and approve, the comprehensive
state plan for the improvement of criminal justice and delinquency
prevention activities throughout the state, shall establish
priorities for the use of such funds as are available pursuant to
federal acts, and shall approve the expenditure of all funds pursuant
to such plans or federal acts; provided that the approval of such
expenditures may be granted to single projects or to groups of
projects.
SEC. 56. Section 13820 of the Penal
Code is amended to read:
13820. (a) The Office of Criminal Justice Planning is hereby
abolished. The duties and obligations of that office, and all powers
and authority formerly exercised by that office, shall be transferred
to and assumed by the agency board unless
otherwise provided in this chapter .
(b) Except for this section, the phrase "Office of Criminal
Justice Planning" or any reference to that phrase in this code shall
be construed to mean or refer to the agency
board . Any reference to the executive director of the Office
of Criminal Justice Planning in this code shall be construed to mean
the secretary Executive Officer of the board
.
SEC. 57. Section 13821 of the Penal
Code is amended to read:
13821. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 12.68 percent in the 2008-09 fiscal year and 11.42 percent
in the 2009-10 fiscal year, and each fiscal year thereafter on
and after January 1, 2012 , to the California
Emergency Management Agency B oard of State
and Community Corrections . The Controller shall allocate
these funds on a quarterly basis beginning April 1, 2009.
(b) These funds shall be allocated by the California
Emergency Management Agency according to the agency's existing
programmatic guidelines and the b oard
consistent with the programs approved in the Budget Act of
2008. Of the amount allocated pursuant to subdivision (a), the
California Emergency Management Agency b
oard shall distribute these funds according to the
following percentages:
(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 33.95 percent in the 2008-09 fiscal
year and each fiscal year thereafter.
(2) The Multi-Agency Gang Enforcement Consortium shall receive
0.15 percent in the 2008-09 fiscal year, and each fiscal year
thereafter.
(3) The CALGANG program administered by the Department of Justice
shall receive 0.47 percent in the 2008-09 fiscal year, and each
fiscal year thereafter.
(4) The Evidentiary Medical Training Program shall receive 1.02
percent in the 2008-09 fiscal year and each fiscal year thereafter.
(5) The Public Prosecutors and Public Defenders Legal Training
program shall receive 0.01 percent in the 2008-09 fiscal year and
each fiscal year thereafter.
(6) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 8.93 percent in the 2008-09 fiscal year
and each fiscal year thereafter.
(7) The Vertical Prosecution Block Grant Program shall receive
25.35 percent in the 2008-09 fiscal year and each fiscal year
thereafter.
(8) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 20.84 percent
in the 2008-09 fiscal year, and each fiscal year thereafter.
(9) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 2.8 percent in the 2008-09 fiscal year and
each fiscal year thereafter.
(10) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 6.49
percent in the 2008-09 fiscal year and each fiscal year thereafter.
(c) Beginning in the 2009-10 fiscal year and each fiscal year
thereafter, the California Emergency Management Agency , and on
and after January 1, 2012, the Board of State and Community
Corrections, may retain up to 3 percent of the funds allocated
in subdivision (a) for program administrative costs.
SEC. 58. Section 13823 of the Penal
Code is repealed.
13823. (a) In cooperation with local boards, the agency shall:
(1) Develop with the advice and approval of the council, the
comprehensive statewide plan for the improvement of criminal justice
and delinquency prevention activity throughout the state.
(2) Define, develop, and correlate programs and projects for the
state criminal justice agencies.
(3) Receive and disburse federal funds, perform all necessary and
appropriate staff services required by the council, and otherwise
assist the council in the performance of its duties as established by
federal acts.
(4) Develop comprehensive, unified, and orderly procedures to
ensure that all local plans and all state and local projects are in
accord with the comprehensive state plan, and that all applications
for grants are processed efficiently.
(5) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal
justice and delinquency prevention.
(6) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(b) The agency may:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
(2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.
SEC. 59. Section 13823.4 of the Penal
Code is amended to read:
13823.4. (a) The Legislature finds the problem of family violence
to be of serious and increasing magnitude. The Legislature also
finds that acts of family violence often result in other crimes and
social problems.
(b) There is in the agency ,
California Emergency Management Agency a Family Violence
Prevention Program. This program shall provide financial and
technical assistance to local domestic and family violence centers in
implementing family violence prevention programs.
The goals and functions of the program shall include all of the
following:
(1) Promotion of community involvement through public education
geared specifically toward reaching and educating the friends and
neighbors of members of violent families.
(2) Development and dissemination of model protocols for the
training of criminal justice system personnel in domestic violence
intervention and prevention.
(3) Increasing citizen involvement in family violence prevention.
(4) Identification and testing of family violence prevention
models.
(5) Replication of successful models, as appropriate, through the
state.
(6) Identification and testing of domestic violence model
protocols and intervention systems in major service delivery
institutions.
(7) Development of informational materials and seminars to enable
emulation or adaptation of the models by other communities.
(8) Provision of domestic violence prevention education and skills
to students in schools.
(c) (1) The secretary
Secretary of California Emergency Management
shall allocate funds to local centers meeting the criteria for
funding that shall be established by the agency in consultation with
practitioners and experts in the field of family violence prevention.
All centers receiving funds pursuant to this section shall have had
an ongoing recognized program, supported by either public or private
funds, dealing with an aspect of family violence, for at least two
years prior to the date specified for submission of applications for
funding pursuant to this section. All centers funded pursuant to this
section shall utilize volunteers to the greatest extent possible.
The
(2) The centers may seek,
receive, and make use of any funds which may be available from all
public and private sources to augment any state funds received
pursuant to this section. Sixty percent of the state funds received
pursuant to this section shall be used to develop and implement model
program protocols and materials. Forty percent of the state funds
received pursuant to this section shall be allocated to programs to
disseminate model program protocols and materials. Dissemination
shall include training for domestic violence agencies in California.
Each of the programs funded under this section shall focus on no more
than two targeted areas. These targeted model areas shall be
determined by the agency in consultation with practitioners and
experts in the field of domestic violence, using the domestic
violence model priorities survey of the California Alliance Against
Domestic Violence.
Centers
(3) Centers receiving funding
shall provide matching funds of at least 10 percent of the funds
received pursuant to this section.
(d) The agency shall develop and disseminate throughout the state
information and materials concerning family violence prevention,
including, but not limited to, a procedures manual on prevention
models. The agency shall also establish a resource center for the
collection, retention, and distribution of educational materials
related to family violence and its prevention.
SEC. 60. Section 13823.5 of the Penal
Code is amended to read:
13823.5. (a) The agency California E
mergency Management Agency , with the assistance of
the advisory committee established pursuant to Section 13836, shall
establish a protocol for the examination and treatment of victims of
sexual assault and attempted sexual assault, including child
molestation, and the collection and preservation of evidence
therefrom. The protocol shall contain recommended methods for meeting
the standards specified in Section 13823.11.
(b) (1) In addition to the protocol, the
agency shall develop informational guidelines, containing general
reference information on evidence collection and examination of
victims of, and psychological and medical treatment for victims of,
sexual assault and attempted sexual assault, including child
molestation.
In
(2) In developing the protocol
and the informational guidelines, the agency and the advisory
committee shall seek the assistance and guidance of organizations
assisting victims of sexual assault; qualified health care
professionals, criminalists, and administrators who are familiar with
emergency room procedures; victims of sexual assault; and law
enforcement officials.
(c) (1) The agency, in cooperation with the
State Department of Health Services and the Department of Justice,
shall adopt a standard and a complete form or forms for the recording
of medical and physical evidence data disclosed by a victim of
sexual assault or attempted sexual assault, including child
molestation.
Each
(2) Each qualified health care
professional who conducts an examination for evidence of a sexual
assault or an attempted sexual assault, including child molestation,
shall use the standard form or forms adopted pursuant to this
section, and shall make those observations and perform those tests as
may be required for recording of the data required by the form. The
forms shall be subject to the same principles of confidentiality
applicable to other medical records.
The
(3) The agency shall make copies
of the standard form or forms available to every public or private
general acute care hospital, as requested.
The
(4) The standard form shall be
used to satisfy the reporting requirements specified in Sections
11160 and 11161 in cases of sexual assault, and may be used in lieu
of the form specified in Section 11168 for reports of child abuse.
(d) The agency shall distribute copies of the protocol and the
informational guidelines to every general acute care hospital, law
enforcement agency, and prosecutor's office in the state.
(e) As used in this chapter, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code and working in consultation with a physician and
surgeon who conducts examinations or provides treatment as described
in Section 13823.9 in a general acute care hospital or in a physician
and surgeon's office.
SEC. 61. Section 13823.6 of the Penal
Code is amended to read:
13823.6. The agency California Emergency
Management Agency may secure grants, donations, or other
funding for the purpose of funding any statewide task force on sexual
assault of children that may be established and administered by the
Department of Justice.
SEC. 62. Section 13823.12 of the Penal
Code is amended to read:
13823.12. Failure to comply fully with Section 13823.11 or with
the protocol or guidelines, or to utilize the form established by the
agency California Emergency Management Agency
, shall not constitute grounds to exclude evidence, nor shall
the court instruct or comment to the trier of fact in any case that
less weight may be given to the evidence based on the failure to
comply.
SEC. 63. Section 13823.13 of the Penal
Code is amended to read:
13823.13. (a) The agency California
Emergency Management Agency shall develop a course of training
for qualified health care professionals relating to the examination
and treatment of victims of sexual assault. In developing the
curriculum for the course, the agency shall consult with health care
professionals and appropriate law enforcement agencies. The agency
shall also obtain recommendations from the same health care
professionals and appropriate law enforcement agencies on the best
means to disseminate the course of training on a statewide basis.
(b) The training course developed pursuant to subdivision (a)
shall be designed to train qualified health care professionals to do
all of the following:
(1) Perform a health assessment of victims of sexual assault in
accordance with any applicable minimum standards set forth in Section
13823.11.
(2) Collect and document physical and laboratory evidence in
accordance with any applicable minimum standards set forth in Section
13823.11.
(3) Provide information and referrals to victims of sexual assault
to enhance the continuity of care of victims.
(4) Present testimony in court.
(c) As used in this section, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code who works in consultation with a physician and
surgeon or who conducts examinations described in Section 13823.9 in
a general acute care hospital or in the office of a physician and
surgeon.
(d) As used in this section, "appropriate law enforcement agencies"
may include, but shall not be limited to, the Attorney General of
the State of California, any district attorney, and any agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.
SEC. 64. Section 13826.1 of the Penal
Code is amended to read:
13826.1. (a) There is hereby established in the agency
Board of State and C ommunity 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. All funds appropriated to the
agency board for the purposes of this chapter
shall be administered and disbursed by the secretary in
consultation with the California Council on Criminal Justice
board consistent with the purposes and mission of the
board , and shall to the greatest extent feasible be
coordinated or consolidated with federal funds that may be made
available for these purposes.
(b) The secretary board is
authorized to allocate and award funds to cities, counties, school
districts, county offices of education, or any consortium thereof,
and community-based organizations in which gang violence suppression
programs are established in substantial compliance with the policies
and criteria set forth in this chapter.
(c) The allocation and award of funds shall be made on the
application of the district attorney, chief law enforcement officer,
or chief probation officer of the applicant unit of government and
approved by the legislative body, on the application of school
districts, county offices of education, or any consortium thereof, or
on the application of the chief executive of a community-based
organization. All programs funded pursuant to this chapter shall work
cooperatively 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.
(d) The secretary board shall
prepare and issue written program and administrative guidelines and
procedures for the Gang Violence Suppression Program, consistent with
this chapter. These guidelines shall set forth the terms and
conditions upon which the agency board
is prepared to offer grants of funds pursuant to statutory authority.
The guidelines do not constitute rules, regulations, orders, or
standards of general application.
(e) Annually, commencing November 1, 1984, the secretary
board shall prepare a report to the Legislature
describing in detail the operation of the statewide program and the
results obtained by district attorneys' offices, local law
enforcement agencies, county probation departments, school districts,
county offices of education, or any consortium thereof, and
community-based organizations receiving funds under this chapter and
under comparable federally financed awards.
(f) Criteria for selection of district attorneys' offices, local
law enforcement agencies, county probation departments, school
districts, county offices of education, or any consortium thereof,
and community-based organizations to receive gang violence
suppression funding shall be developed in consultation with the Gang
Violence Suppression Advisory Committee whose members shall be
appointed by the secretary e
xecutive d irector of the board , unless
otherwise designated.
(g) (1) The Gang Violence Suppression
Advisory Committee shall be composed of five district attorneys; two
chief probation officers; two representatives of community-based
organizations; three attorneys primarily engaged in the practice of
juvenile criminal defense; three law enforcement officials with
expertise in gang-related investigations; one member from the
California Youth Authority Gang Task Force nominated by the Director
of the California Youth Authority; one member of the Department of
Corrections Law Enforcement Liaison Unit nominated by the Director of
the Department of Corrections and Rehabilitation; one member from
the Department of Justice nominated by the Attorney General; the
Superintendent of Public Instruction, or his or her designee; one
member of the California School Boards Association; and one
representative of a school program specializing in the education of
the target population identified in this chapter.
Five
(2) Five members of the Gang
Violence Suppression Advisory Committee appointed by the
secretary e xecutive d
irector shall be from rural or predominately suburban
counties and shall be designated by the secretary as comprising the
Rural Gang Task Force Subcommittee.
The
(3) The Rural Gang Task Force
Subcommittee, in coordination with the Gang Violence Suppression
Advisory Committee and the agency board
, shall review the Gang Violence Suppression Program participation
requirements and recommend changes in the requirements which
recognize the unique conditions and constraints that exist in small
rural jurisdictions and enhance the ability of small rural
jurisdictions to participate in the Gang Violence Suppression
Program.
(h) The secretary e xecutive
d irector shall designate a staff member
in the Gang Violence Suppression Program to act as the Rural Gang
Prevention Coordinator and to provide technical assistance and
outreach to rural jurisdictions with emerging gang activities. It is
the intent of the Legislature that compliance with this subdivision
not necessitate an additional staff person.
(i) This section shall be operative on January 1, 1994.
SEC. 65. Section 13826.15 of the Penal
Code is amended to read:
13826.15. (a) (1) 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.
The
(2) 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. In this respect, the agency, pursuant to Section
13826.1, administers funding for the program by awarding grants to
worthy applicants. Therefore, it is the intent of the Legislature in
enacting this measure to assist the agency
Board of State and Community Corrections in setting forth
guidelines for this funding.
(b) The agency board may give
priority to applicants for new grant awards, as follows:
(1) First priority may be given to applicants representing
unfunded single components, as specified in Sections 13826.2,
13826.4, 13826.5, 13826.6, and 13826.65, in those counties that
receive Gang Violence Suppression Program funding for some, but not
all, of the program's components. The purpose of establishing this
priority is to provide funding for a full complement of the five Gang
Violence Suppression Program components in those counties that have
less than all five components established.
(2) Second priority may be given to those applicants that propose
a multiagency, or multijurisdictional single component project,
whereby more than one agency would be funded as a joint project under
the single components specified in Sections 13826.2, 13826.4,
13826.5, 13826.6, and 13826.65, and the funding would be provided
through a single grant award.
(3) Third priority may be given to applicants that propose
multijurisdictional multicomponent projects, whereby all five Gang
Violence Suppression Program components, as specified in Sections
13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, would be funded in
a county that does not currently receive Gang Violence Suppression
Program funds.
(4) Fourth priority may be given to those single agency single
component applicants, in counties wherein the program component is
not currently funded.
(c) The agency board shall consider
the unique needs of, and circumstances of jurisdiction in, rural and
suburban counties when awarding new grant funds.
SEC. 66. Section 13826.7 of the Penal
Code is amended to read:
13826.7. The agency and the California Council on
Criminal Justice are B oard of State and
Community Corrections is encouraged to utilize any federal
funds that may become available for purposes of this chapter. This
chapter becomes operative only if federal funds are made available
for its implementation.
SEC. 67. Section 13827 of the Penal Code
is repealed.
13827. (a) There is within the agency, the Office of Gang and
Youth Violence Policy.
(b) (1) The Office of Gang and Youth Violence Policy shall be
responsible for identifying and evaluating state, local, and federal
gang and youth violence suppression, intervention, and prevention
programs and strategies, along with funding for those efforts. The
director shall be responsible for monitoring, assessing, and
coordinating the state's programs, strategies, and funding that
address gang and youth violence in a manner that maximizes the
effectiveness and coordination of those programs, strategies, and
resources. The secretary shall communicate with local agencies and
programs in an effort to promote the best practices for addressing
gang and youth violence through suppression, intervention, and
prevention.
(2) The agency shall develop a comprehensive set of
recommendations to define its mission, role, and responsibilities as
a statewide entity dedicated to reducing violence and the
proliferation of gangs and gang violence in California communities.
(3) In developing this set of recommendations, the agency shall
collaborate with a wide range of state and local stakeholders,
including, but not limited to, community-based organizations serving
at-risk populations and neighborhoods, law enforcement, educators,
the courts, policy experts and scholars with expertise in the area of
criminal street gangs, and local policymakers.
(4) The agency, in collaboration with the stakeholders specified
in paragraph (3), shall include in its deliberations the most
effective role for the office with respect to the following:
(A) The collection and analysis of data on gang membership
statewide and the effectiveness of various gang prevention efforts.
(B) The development of reliable and accurate sources of data to
measure the scale and characteristics of California's gang problems.
(C) The development of a clearinghouse for research on gangs,
at-risk youth, and prevention and intervention programs in order to
identify best practices and evidence-based programming, as well as
unsuccessful practices, and in order to promote effective strategies
for reducing gang involvement and gang violence.
(D) Assisting
state and local governmental and nongovernmental entities in
developing violence and gang prevention strategies, including
built-in evaluation components.
(E) The development of sustained coordination mechanisms among
state, local, and regional entities.
(F) The identification of available or needed federal, state,
regional, local, and private funding resources.
(G) Providing or otherwise promoting public education on effective
programs, models, and strategies for the control of violence and
serving as a clearinghouse for information on gang violence
prevention issues, programs, resources, and research.
(H) Providing or otherwise promoting training and technical
assistance to help build the capacity of organizations, communities,
and local government to develop, implement, and evaluate gang
violence prevention programs.
(I) Providing information and guidance to state and local
governmental and nongovernmental entities on accessing state and
federal resources to prevent gang violence.
(J) Facilitating greater integration between existing entities
with respect to gang prevention efforts.
SEC. 68. Section 13827.1 of the Penal
Code is repealed.
13827.1. There is within the agency, the following offices:
(a) Director of the Office of Gang and Youth Violence Policy. The
director shall report directly to the office of the Governor.
(b) Chief Deputy Director of Gang and Youth Violence Policy.
SEC. 69. Section 13827.2 of the Penal
Code is repealed.
13827.2. The Office of Gang and Youth Violence Policy shall
establish an Internet Web site, in coordination with the agency, that
provides an Internet hyperlink to the various grants administered by
the agency and technical assistance on the process for applying for
grants.
SEC. 70. Section 13831 of the Penal
Code is repealed.
13831. The California Council on Criminal Justice may request the
advice and assistance of the Judicial Criminal Justice Planning
Committee in carrying out its functions under Chapter 2 of this
title.
SEC. 71. Section 13832 of the Penal
Code is repealed.
13832. The agency shall consult with, and shall seek the advice
of, the Judicial Criminal Justice Planning Committee in carrying out
its functions under Chapter 3 of this title insofar as they affect
the California court system.
In addition, any grant of federal funds made or approved by the
office which is to be implemented in the California court system
shall be submitted to the Judicial Criminal Justice Planning
Committee for its review and recommendations before being presented
to the California Council on Criminal Justice for its action.
SEC. 72. Section 13901 of the Penal Code
is amended to read:
13901. (a) For the purposes of coordinating local criminal
justice activities and planning for the use of state and federal
action funds made available through any grant programs, criminal
justice and delinquency prevention planning districts shall be
established.
(b) On January 1, 1976, all planning district boundaries shall
remain as they were immediately prior to that date. Thereafter, the
number and boundaries of those planning districts may be altered from
time to time by a two-thirds vote of the California Council
on Criminal Justice pursuant to this section; provided
that no county shall be divided into two or more districts, nor shall
two or more counties which do not comprise a contiguous area form a
single district.
(c) Prior to taking any action to alter the boundaries of any
planning district, the council shall adopt a resolution indicating
its intention to take the action and, at least 90 days prior to the
taking of the action, shall forward a copy of the resolution to all
units of government directly affected by the proposed action
together with notice of the time and place at which the action will
be considered by the council .
(d) If any county or a majority of the cities directly affected by
the proposed action objects thereto, and a copy of the resolution of
each board of supervisors or city council stating its objection is
delivered to the Secretary of Emergency Management within 30 days
following the giving of the notice of the proposed action, the
council, or a duly constituted committee thereof,
secretary shall conduct a public meeting within the
boundaries of the district as they are proposed to be determined.
Notice of the time and place of the meeting shall be given to the
public and to all units of local government directly affected by the
proposed action, and reasonable opportunity shall be given to members
of the public and representatives of those units to present their
views on the proposed action.
SEC. 73. Section 19204 of the Public
Contract Code is amended to read:
19204. (a) All judicial branch entities shall comply with the
provisions of this code that are applicable to state agencies and
departments related to the procurement of goods and services,
including information technology goods and services. All contracts
with total cost estimated at more than one million dollars
($1,000,000), except contracts covered by Section 68511.9 of the
Government Code, shall be subject to the review and recommendations
of the Bureau of State Audits to ensure compliance with this part.
All judicial branch entities shall notify the State
Auditor , in writing, of the
existence of any such contracts within 10 business days of entering
the contract. In addition, all administrative and
infrastructure information technology projects of the Judicial
Council or the courts with total costs estimated at more than five
million dollars ($5,000,000) shall be subject to the reviews and
recommendations of the California Technology Agency, as specified in
Section 68511.9 of the Government Code.
(b) Except as provided in subdivision (c), procurement and
contracting for the planning, design, construction, rehabilitation,
renovation, replacement, lease, or acquisition of court facilities
shall be conducted by judicial branch entities consistent with the
relevant provisions of this code applicable to state agencies.
(c) Notwithstanding any other provision of law, this part does not
apply to procurement and contracting by judicial branch entities
that are related to trial court construction, including, but not
limited to, the planning, design, construction, rehabilitation,
renovation, replacement, lease, or acquisition of trial court
facilities. However, this part shall apply to contracts for
maintenance of all judicial branch facilities that are not under the
operation and management of the Department of General Services.
(d) Only until the Judicial Council adopts the Judicial Branch
Contracting Manual required pursuant to Section 19206, judicial
branch entities shall instead be governed by applicable policies and
procedures in the State Administrative Manual and the State
Contracting Manual, or policies and procedures as otherwise required
by law to be adopted by the Department of General Services applicable
to state agencies.
SEC. 74. Section 19209 of the Public
Contract Code is amended to read:
19209. (a) Beginning Notwithstanding
Section 10231.5 of the Government Code, beginning in 2012,
twice each year, the Judicial Council shall provide a report to the
Joint Legislative Budget Committee and the State Auditor
that provides information related to procurement of contracts for the
judicial branch. One report shall be provided no later than February
1 of each year, covering the period from July 1 through December 31
of the prior year, and the second report shall be provided no later
than August 1 of each year, covering the period from January 1
through June 30 of the same year.
(b) Each of the two annual reports shall include a list of all
vendors or contractors receiving payments from any judicial branch
entities. For each vendor or contractor receiving any payment during
the reporting period, the report shall provide a separate listing for
each distinct contract between that vendor or contractor and a
judicial branch entity. For every vendor or contractor listed in the
report, including for each distinct contract for those contractors or
vendors with more than one payment during the period, the report
shall further identify the amount of payment to the contractor or
vendor, the type of service or good provided, and the judicial branch
entity or entities with which the vendor or contractor was
contracted to provide that service or good.
(c) Each of the two annual reports shall include a list of all
contract amendments made during the report period. For each
amendment, the report shall identify the vendor or contractor, the
type of service or good provided under the contract, the nature of
the amendment, the duration of the amendment, and the cost of the
amendment.
SEC. 75. Section 19210 of the Public
Contract Code is repealed.
19210. The audits required pursuant to subdivisions (h) and (i)
of Section 77206 of the Government Code shall include an audit and
report by the State Auditor on his or her assessment of the
implementation of this part by the judicial branch. The State Auditor
shall be reimbursed by the judicial branch entity that is the
subject of the audit for all reasonable costs associated with
conducting the audit required by this section.
SEC. 76. Section 19210 is added to the
Public Contract Code , to read:
19210. (a) Commencing not earlier than July 1, 2011, and not
later than December 15, 2012, the State Auditor shall establish a
pilot program to audit six trial courts. That entity shall select the
trial courts using the following criteria:
(1) Two trial courts selected from counties with a population of
200,000 or less.
(2) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
(3) Two trial courts selected from counties with a population of
750,000 or greater.
The audits shall assess the implementation of this part by the
judicial branch.
(b) Based on the results of the pilot program audits described in
subdivision (a), the State Auditor shall, on or before December 15,
2013, commence an audit of the trial courts, provided that every
trial court is audited in the manner prescribed by this section at
least once every four years. The audits shall assess the
implementation of this part by the judicial branch. The audits
required by this paragraph shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(c) Notwithstanding Section 10231.5 of the Government Code, the
State Auditor shall compile the trial court audit findings and report
the results of these audits to the Legislature, the Judicial
Council, and the Department of Finance no later than April 1 of each
year. An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
(d) The reasonable and necessary contracted cost of the audits
conducted pursuant to this section shall be paid from funds of the
local trial court being audited.
(e) (1) On or before December 15, 2013, and biennially thereafter,
the State Auditor shall perform an audit of the Administrative
Office of the Courts, the Habeas Corpus Resource Center, and the
appellate courts to assess their implementation of this part.
(2) The State Auditor shall provide a copy of the final audit
report of the Administrative Office of the Courts to the Legislature,
the Judicial Council, and the Department of Finance upon issuance.
An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
(3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
(f) The State Auditor shall conduct the audits required pursuant
to this section in accordance with Chapter 6.5 (commencing with
Section 8543) of Division 1 of Title 2 of the Government Code.
(g) If the State Auditor is selected as the auditing entity
pursuant to subdivision (j) of Section 77206 of the Government Code,
then the State Auditor may combine the results of any audit of a
trial court conducted pursuant to that section with an audit of the
same trial court conducted pursuant to this section. The State
Auditor may also combine the results of an audit of the
Administrative Office of the Courts pursuant to Section 77206 of the
Government Code with the results of an audit of the Administrative
Office of the Courts pursuant to this section.
(h) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.
SEC. 77. Section 1766 of the Welfare
and Institutions Code , as added by Section 16 of Chapter
729 of the Statutes of 2010, is amended to read:
1766. (a) Subject to Sections 733 and 1767.35, and subdivision
(b) of this section, if a person has been committed to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
the Juvenile Parole Board, according to standardized review and
appeal procedures established by the board in policy and regulation
and subject to the powers and duties enumerated in subdivision (a) of
Section 1719, may do any of the following:
(1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the juvenile committing
court pursuant to subdivision (b).
(2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may not
be held in physical confinement for a total period of time in excess
of the maximum periods of time set forth in Section 731.
(3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
(b) The following provisions shall apply to any ward eligible for
discharge from his or her commitment to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
Any order entered by the court pursuant to this subdivision shall be
consistent with evidence-based practices and the interest of public
safety.
(1) The county of commitment shall supervise the reentry of any
ward still subject to the court's jurisdiction and discharged from
the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward's supervision shall be established by the
court pursuant to the provisions of this section.
(2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the discharge consideration hearing date.
(3) (A) Not less than 30 days prior to the scheduled discharge
consideration hearing, the division shall notify the ward of the date
and location of the discharge consideration hearing. A ward shall
have the right to contact his or her parent or guardian, if he or she
can reasonably be located, to inform the parent or guardian of the
date and location of the discharge consideration hearing. The
division shall also allow the ward to inform other persons identified
by the ward, if they can reasonably be located, and who are
considered by the division as likely to contribute to a ward's
preparation for the discharge consideration hearing or the ward's
postrelease success.
(B) This paragraph shall not apply if either of the following
conditions is met:
(i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
(ii) A person 18 years of age or older does not consent to the
contact.
(C) Upon intake of a ward committed to a division facility, and
again upon attaining 18 years of age while serving his or her
commitment in the custody of the division, an appropriate staff
person shall explain the provisions of subparagraphs (A) and (B),
using language clearly understandable to the ward.
(D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
(4) Not less than 30 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the discharge consideration hearing, the Juvenile Parole
Board shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
(5) If the Juvenile Parole Board determines that a ward is ready
for discharge to county supervision pursuant to subdivision (a), the
board shall set a date for discharge from the jurisdiction of the
Division of Juvenile Facilities no less than 14 days after the date
of such determination. The board shall also record any postrelease
recommendations for the ward. These recommendations will be sent to
the committing court responsible for setting the ward's conditions of
supervision no later than seven days from the date of such
determination.
(6) No more than four days but no less than one day prior to the
scheduled date of the reentry disposition hearing before the
committing court, the Division of Juvenile Facilities shall transport
and deliver the ward to the custody of the probation department of
the committing county. On or prior to a ward's date of discharge from
the Division of Juvenile Facilities, the committing court shall
convene a reentry disposition hearing for the ward. The purpose of
the hearing shall be for the court to identify those conditions of
supervision that are appropriate under all the circumstances of the
case and consistent with evidence-based practices. The court shall,
to the extent it deems appropriate, incorporate postrelease
recommendations made by the board as well as any reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(7) The Department of Corrections and Rehabilitation shall have no
further jurisdiction over a ward who is discharged by the board.
(8) Notwithstanding any other law or any other provision of this
section and consistent with the provisions of Section 1984,
commencing July 1, 2014, all wards who remain on parole under the
jurisdiction of the Division of Juvenile Facilities shall be
discharged and transferred to the supervision of the committing court
for the remainder of their jurisdiction.
(c) Within 60 days of intake, the Division of Juvenile Facilities
shall provide the court and the probation department with a treatment
plan for the ward.
(d) Commencing July 1, 2014, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
(1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
(2) The number of discharge consideration dates for each category
set at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a
discharge consideration date, including the category assigned to the
ward and the specific reason for the change.
(4) The percentage of wards who have had a discharge consideration
date changed to a later date, the percentage of wards who have had a
discharge consideration date changed to an earlier date, and the
average annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
(6) Any additional data or information identified by the
department as relevant.
(e) As used in subdivision (d), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
(f) This section shall become operative on July 1, 2014.
SEC. 78. Section 1766.01 of the Welfare
and Institutions Code is amended to read:
1766.01. (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
(b) Subject to Sections 733 and 1767.36, and subdivision (c) of
this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Juvenile Parole Board, according to standardized review and appeal
procedures established by the board in policy and regulation and
subject to the powers and duties enumerated in subdivision (b) of
Section 1719.5, may do any of the following:
(1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the juvenile committing
court pursuant to subdivision (c).
(2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may not
be held in physical confinement for a total period of time in excess
of the maximum periods of time set forth in Section 731.
(3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
(c) The following provisions shall apply to any ward eligible for
discharge from his or her commitment to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
Any order entered by the court pursuant to this subdivision shall be
consistent with evidence-based practices and the interest of public
safety.
(1) The county of commitment shall supervise the reentry of any
ward still subject to the court's jurisdiction and discharged from
the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward's supervision shall be established by the
court pursuant to the provisions of this section.
(2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the discharge consideration hearing date.
(3) (A) Not less than 30 days prior to the scheduled discharge
consideration hearing, the division shall notify the ward of the date
and location of the discharge consideration hearing. A ward shall
have the right to contact his or her parent or guardian, if he or she
can reasonably be located, to inform the parent or guardian of the
date and location of the discharge consideration hearing. The
division shall also allow the ward to inform other persons who are
identified by the ward, if they can reasonably be located, and who
are considered by the division as likely to contribute to a ward's
preparation for the discharge consideration hearing or the ward's
postrelease success.
(B) This paragraph shall not apply if either of the following
conditions is met:
(i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
(ii) A person 18 years of age or older does not consent to the
contact.
(C) Upon intake of a ward committed to a division facility, and
again upon attaining 18 years of age while serving his or her
commitment in the custody of the division, an appropriate staff
person shall explain the provisions of subparagraphs (A) and (B),
using language clearly understandable to the ward.
(D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
(4) Not less than 30 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the discharge consideration hearing, the Juvenile Parole
Board shall, in determining whether the ward is to be released,
consider a reentry supervision
plan submitted by the county.
(5) If the Juvenile Parole Board determines that a ward is ready
for discharge to county supervision pursuant to subdivision (b), the
board shall set a date for discharge from the jurisdiction of the
Division of Juvenile Facilities no less than 14 days after the date
of that determination. The board shall also record any postrelease
recommendations for the ward. These recommendations will be sent to
the committing court responsible for setting the ward's conditions of
supervision no later than seven days from the date of that
determination.
(6) No more than four days but no less than one day prior to the
scheduled date of the reentry disposition hearing before the
committing court, the Division of Juvenile Facilities shall transport
and deliver the ward to the custody of the probation department of
the committing county. On or prior to a ward's date of discharge from
the Division of Juvenile Facilities, the committing court shall
convene a reentry disposition hearing for the ward. The purpose of
the hearing shall be for the court to identify those conditions of
supervision that are appropriate under all the circumstances of the
case and consistent with evidence-based practices. The court shall,
to the extent it deems appropriate, incorporate postrelease
recommendations made by the board as well as any reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(7) The Department of Corrections and Rehabilitation shall have no
further jurisdiction over a ward who is discharged by the board.
(d) Within 60 days of intake, the Division of Juvenile Facilities
shall provide the court and the probation department with a treatment
plan for the ward.
(e) Commencing July 1, 2011, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
(1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
(2) The number of discharge consideration dates for each category
set at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a
discharge consideration date, including the category assigned to the
ward and the specific reason for the change.
(4) The percentage of wards who have had a discharge consideration
date changed to a later date, the percentage of wards who have had a
discharge consideration date changed to an earlier date, and the
average annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
(6) Any additional data or information identified by the
department as relevant.
(f) As used in subdivision (e), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
(g) This section applies only to a ward who is discharged from
state jurisdiction to the jurisdiction of the committing court on or
after the operative date of this section.
(h) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 79. Section 14053.7 of the Welfare
and Institutions Code is amended to read:
14053.7. (a) Notwithstanding any other provision of law, and only
to the extent that federal financial participation is available, the
department may provide Medi-Cal eligibility and reimbursement for
acute inpatient hospital services available under this
chapter in accordance with Section 5072 of the Penal Code.
(b) The department may disenroll inmates made eligible for
services under this section or in accordance with Section 5072 of the
Penal Code from Medi-Cal managed care health plans, and may exempt
inmates from enrollment into new or existing plans.
(c) Except as provided for in paragraph (2) of subdivision (e),
the Department of Corrections and Rehabilitation shall be responsible
for the nonfederal share of any reimbursement made for the provision
of a cute inpatient hospital services rendered
to inmates who are eligible for and enrolled in a CEED
project LIHP and receive services pursuant to
this section and Section 5072 of the Penal Code.
(d) (1) Notwithstanding any other provision of law, including
Section 11050, the state department, as the
single state agency, may make eligibility determinations and
redeterminations for inmates in accord with this section and
Section 5072 of the Penal Code.
(2) The department may enroll and disenroll inmates eligible for
acute inpatient hospital services under this section or in
accord with Section 5072 of the Penal Code in Medi-Cal or in the
CEED project LIHP in which the inmate's
county of last legal residence participates.
(e) (1) In accordance with the requirements and conditions set
forth under this section and Section 5072 of the Penal Code, the
county may seek from the Medi-Cal program or from the responsible
CEED project LIHP in which the county
participates, reimbursement for the provision of inpatient hospital
services to adults involuntarily detained or incarcerated in county
facilities.
(2) (A) To the extent that a county seeks reimbursement for the
provision of acute inpatient hospital services to adults
who are involuntarily detained or incarcerated in county facilities
and who are otherwise eligible for Medi-Cal pursuant to Chapter 7
(commencing with Section 14000) of Part 3 of Division 9, the county
shall be responsible for the nonfederal share of the reimbursement.
(B) To the extent that a county seeks reimbursement for the
provision of acute inpatient hospital services to adults
who are involuntarily detained or incarcerated in county facilities
and who are otherwise eligible for and enrolled in the CEED
project LIHP in which the county participates,
the CEED project LIHP shall be
responsible for the nonfederal share of the reimbursement.
(f) Except as otherwise provided in subdivision (c) of
Section 5072 of the Penal Code, the inpatient hospital services
eligible for reimbursement under Reimbursement
pursuant to this section shall be limited to only
those services for which are subject to funding
with federal financial participation pursuant to Title XIX
of the federal Social Security Act is allowed .
(g) This section shall be implemented only if and to the extent
that existing levels of federal financial participation are not
otherwise jeopardized. To the extent that the department determines
that existing levels of federal financial participation are
jeopardized, this section shall no longer be implemented.
(h) The department shall seek any necessary federal approvals for
the implementation of this section. This section shall be implemented
only if and to the extent that any necessary federal approvals are
obtained.
(i) This section shall have no force of or
effect if there is a final judicial determination made by any
state or federal court that is not appealed, or by a court of
appellate jurisdiction that is not further appealed, in any action by
any party, or a final determination by the administrator of the
federal Centers for Medicare and Medicaid Services, that disallows,
defers, or alters the implementation of this section or in accord
with Section 5072 of the Penal Code, including the rate methodology
or payment process established by the department that limits or
affects the department's authority to select the hospitals used to
provide acute inpatient hospital services to inmates.
(j) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of acute inpatient hospital services provided
to inmates and any related administrative costs to
the inmate population .
(k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may, without taking any further regulatory action,
implement this section by means of all-county letters or similar
instructions.
(l) For purposes of this section, the following terms have the
following meanings:
(1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
(2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered or regulated,
directly or indirectly, by the Department of Corrections and
Rehabilitation.
SEC. 80. Sections 30, 31, 32, 33, 34, 35, 50, 51,
52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68,
69, 70, 71, and 72 of this act shall be operative on January 1, 2012.
SEC. 81. The Legislature finds and declares that,
relative to Section 48 of this act, to ensure the integrity of a
criminal prosecution related to a review, it is necessary to restrict
public access to all available information as described in that
section.
SEC. 82. There is hereby appropriated one thousand
dollars ($1,000) from the Trial Court Trust Fund to the judicial
branch for court administration.
SEC. 83. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.
SEC. 84. 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.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2011.
