Bill Text: CA AB116 | 2011-2012 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 116 CHAPTERED
BILL TEXT
CHAPTER 136
FILED WITH SECRETARY OF STATE JULY 27, 2011
APPROVED BY GOVERNOR JULY 27, 2011
PASSED THE SENATE JULY 7, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE JULY 6, 2011
AMENDED IN SENATE JUNE 28, 2011
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 to amend Sections 830.5, 1170, 3000.08, and 3000.09 of, to
amend and add the heading of Title 4.5 (commencing with Section
13600) of Part 4 of, to add and repeal Sections 13810, 13811, and
13813 of, and to repeal and add Sections 13600, 13601, 13602, 13603,
13800, and 13812 of, the Penal Code, to amend Section 1731.5 of, the
Welfare and Institutions Code, to amend Section 83 of Senate Bill 92
of the 2011-12 Regular Session, and to amend Section 69 of Assembly
Bill 117 of the 2011-12 Regular Session, relating to criminal justice
realignment, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 116, Committee on Budget. Criminal justice realignment.
Existing law creates the California Council on Criminal Justice
with certain powers and duties. SB 92 of the 2011-12 Regular Session
would eliminate the California Council on Criminal Justice and assign
its powers and duties to the Board of State and Community
Corrections.
This bill would restore the California Council on Criminal Justice
and delay the elimination and assignment of its powers and duties to
the Board of State and Community Corrections until July 1, 2012. The
bill would also make other specified provisions amended by SB 92
related to the Gang Violence Suppression Program within the Board of
State and Community Corrections operative on July 1, 2012.
Under existing law, the Corrections Standards Authority is
responsible for developing, approving, and monitoring standards for
the selection and training of state correctional peace officers and
apprentices. SB 92 of the 2011-12 Regular Session created the
Commission on Correctional Peace Officer Standards Training to
succeed to these functions.
This bill would instead make those provisions operative on July 1,
2012. The bill would also make certain provisions related to
Community Corrections Performance Incentives funds and local
Community Corrections Partnerships, as amended by AB 117 of the
2011-12 Regular Session, operative on the day this act becomes
operative.
Existing law, as added by AB 117, provides that persons released
from state prison on or after July 1, 2013, after serving a prison
term or whose sentence has been deemed served, for any of specified
crimes shall be subject to parole supervision by the Department of
Corrections and Rehabilitation and the jurisdiction of the court in
the county where the parolee is released or resides for the purpose
of hearing petitions to revoke parole and impose a term of custody.
This bill would also provide that the above provision applies to a
person released from state prison prior to July 1, 2013.
Furthermore, parolees subject to these provisions who are being held
for a parole violation in a county jail on July 1, 2013, shall be
subject to the jurisdiction of the Board of Parole Hearings.
Existing law, as added by AB 117, provides rules for parolees who
were paroled from state prison prior to October 1, 2011, effective
only until October 1, 2014, and on that date and thereafter any
person, who is not on parole for specified crimes or within a
specified classification, shall be discharged from parole.
This bill would make these rules effective indefinitely and delete
the provision requiring the discharge from parole as specified
above.
Existing law provides that, except as specified, a felony
punishable pursuant to certain provisions where the term is not
specified in the underlying offense shall be punishable by a term of
imprisonment in a county jail for 16 months, or 2 or 3 years.
Existing law, as amended by AB 117, provides that a judge, when
imposing a sentence pursuant to specified provisions, including
provisions other than those provisions referenced above where the
term is not specified in the underlying offense, may order the
defendant to serve a term in a county jail for a period not to exceed
the maximum possible term of confinement or may impose a sentence
which includes a period of county jail time and a period of mandatory
probation not to exceed the maximum possible sentence.
This bill would narrow the judge's ability to order a sentence
pursuant to the provisions above only in cases where a felony is
punishable pursuant to the certain provisions referenced above where
the term is not specified in the underlying offense.
This bill would appropriate $1,000 to the Department of
Corrections and Rehabilitation for the purpose of state operations.
The bill would also make various technical corrections.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 830.5 of the Penal Code, as amended by Section
25 of Assembly Bill 117 of the 2011-12 Regular Session, is amended to
read:
830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except
as specified in this section, these peace officers may carry
firearms only if authorized and under those terms and conditions
specified by their employing agency:
(a) A parole officer of the Department of Corrections and
Rehabilitation or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole, probation, or postrelease community
supervision by any person in this state on parole, probation, or
postrelease community supervision.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole, probation, or
postrelease community supervision.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) (A) To the rendering of mutual aid to any other law
enforcement agency.
(B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Parole operations.
(C) Any parole officer of the Department of Corrections and
Rehabilitation, the Department of Corrections and Rehabilitation,
Division of Juvenile Parole operations is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
(D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
(b) A correctional officer employed by the Department of
Corrections and Rehabilitation or any employee of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice having
custody of wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or employee of the
Board of Parole Hearings designated by the secretary or employee of
the Department of the Youth Authority designated by the secretary or
any superintendent, supervisor, or employee having custodial
responsibilities in an institution operated by a probation
department, or any transportation officer of a probation department.
(c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation or any
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by the
secretary. A parole officer of the Juvenile Parole Board may carry a
firearm while not on duty only when so authorized by the chairperson
of the board and only under the terms and conditions specified by
the chairperson. Nothing in this section shall be interpreted to
require licensure pursuant to Section 12025. The director or
chairperson may deny, suspend, or revoke for good cause a person's
right to carry a firearm under this subdivision. That person shall,
upon request, receive a hearing, as provided for in the negotiated
grievance procedure between the exclusive employee representative and
the Department of Corrections and Rehabilitation, the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, or the
Juvenile Parole Board, to review the director's or the chairperson's
decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
(e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
(f) The secretary shall promulgate regulations consistent with
this section.
(g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
(h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
(i) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 2. Section 830.5 of the Penal Code, as amended by Section
25.5 of Assembly Bill 117 of the 2011-12 Regular Session, is amended
to read:
830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statues of 2002. Except
as specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
(a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole, probation, or postrelease community
supervision by any person in this state on parole, probation, or
postrelease community supervision.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole, probation, or
postrelease community supervision.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) (A) To the rendering of mutual aid to any other law
enforcement agency.
(B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
(C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
(D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
(b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
(c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm under this subdivision. That
person shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
(e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
(f) The secretary shall promulgate regulations consistent with
this section.
(g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
(h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
(i) This section is operative January 1, 2012.
SEC. 3. Section 1170 of the Penal Code, as amended by Section 27
of Assembly Bill 117 of the 2011-12 Regular Session, is amended to
read:
1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the choice of the appropriate
term shall rest within the sound discretion of the court. At least
four days prior to the time set for imposition of judgment, either
party or the victim, or the family of the victim if the victim is
deceased, may submit a statement in aggravation or mitigation. In
determining the appropriate term, the court may consider the record
in the case, the probation officer's report, other reports, including
reports received pursuant to Section 1203.03, and statements in
aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall select the term which, in the court's
discretion, best serves the interests of justice. The court shall set
forth on the record the reasons for imposing the term selected and
the court may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision of
law. A term of imprisonment shall not be specified if imposition of
sentence is suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.
The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that a
defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required to
register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
(3) Notwithstanding paragraphs (1) and (2), where the defendant
has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7, a violent felony
described in subdivision (c) of Section 667.5, is required to
register as a sex offender pursuant to Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1, or is convicted of a crime and as
part of the sentence an enhancement pursuant to Section 186.11 is
imposed, an executed sentence for a felony punishable pursuant to
this subdivision shall be served in state prison.
(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
(5) A judge, when imposing a sentence pursuant to paragraph (1),
may order the defendant to serve a term in a county jail for a period
not to exceed the maximum possible term of confinement or may impose
a sentence that includes a period of county jail time and a period
of mandatory probation not to exceed the maximum possible sentence.
(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced on
or after October 1, 2011.
(i) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date.
SEC. 4. Section 1170 of the Penal Code, as amended by Section 28
of Assembly Bill 117 of the 2011-12 Regular Session, is amended to
read:
1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports,
including reports received pursuant to Section 1203.03, and
statements in aggravation or mitigation submitted by the prosecution,
the defendant, or the victim, or the family of the victim if the
victim is deceased, and any further evidence introduced at the
sentencing hearing. The court shall set forth on the record the facts
and reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.
The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that a
defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required to
register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
(3) Notwithstanding paragraphs (1) and (2), where the defendant
has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7, a violent felony
described in subdivision (c) of Section 667.5, is required to
register as a sex offender pursuant to Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1, or is convicted of a crime and as
part of the sentence an enhancement pursuant to Section 186.11 is
imposed, an executed sentence for a felony punishable pursuant to
this subdivision shall be served in state prison.
(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
(5) A judge, when imposing a sentence pursuant to paragraph (1),
may order the defendant to serve a term in a county jail for a period
not to exceed the maximum possible term of confinement or may impose
a sentence which includes a period of county jail time and a period
of mandatory probation not to exceed the maximum possible sentence.
(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced on
or after October 1, 2011.
(i) This section shall become operative on January 1, 2012.
SEC. 5. Section 3000.08 of the Penal Code, as amended by Section
38 of Assembly Bill 117 of the 2011-12 Regular Session, is amended to
read:
3000.08. (a) Persons released from state prison prior to or on or
after July 1, 2013, after serving a prison term or, whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction of
the court in the county where the parolee is released or resides for
the purpose of hearing petitions to revoke parole and impose a term
of custody:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.
(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the parole
authority, or the parole authority may, in its discretion, issue a
warrant for that person's arrest.
(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the parole authority may impose
additional and appropriate conditions of supervision, including
rehabilitation and treatment services and appropriate incentives for
compliance, and impose immediate, structured, and intermediate
sanctions for parole violations, including flash incarceration in a
county jail. Periods of "flash incarceration," as defined in
subdivision (e) are encouraged as one method of punishment for
violations of a parolee's conditions of parole. Nothing in this
section is intended to preclude referrals to a reentry court pursuant
to Section 3015.
(e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.
(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising agency shall petition the revocation hearing officer
appointed pursuant to Section 71622.5 of the Government Code in the
county in which the parolee is being supervised to revoke parole. At
any point during the process initiated pursuant to this section, a
parolee may waive, in writing, his or her right to counsel, admit the
parole violation, waive a court hearing, and accept the proposed
parole modification. The petition shall include a written report that
contains additional information regarding the petition, including
the relevant terms and conditions of parole, the circumstances of the
alleged underlying violation, the history and background of the
parolee, and any recommendations. The Judicial Council shall adopt
forms and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the revocation hearing officer
shall have authority to do any of the following:
(1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
(2) Revoke parole and order the person to confinement in the
county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
(h) Notwithstanding any other provision of law, in any case where
Section 3000.1 applies to a person who is on parole and there is good
cause to believe that the person has committed a violation of law or
violated his or her conditions of parole, and there is imposed a
period of imprisonment of longer than 30 days, that person shall be
remanded to the custody of the Department of Corrections and
Rehabilitation and the jurisdiction of the Board of Parole Hearings
for the purpose of future parole consideration.
(i) Parolees subject to this section who are being held for a
parole violation in a county jail on July 1, 2013, shall be subject
to the jurisdiction of the Board of Parole Hearings.
(j) This section shall become operative on July 1, 2013.
SEC. 6. Section 3000.09 of the Penal Code, as amended by Section
39 of Assembly Bill 117 of the 2011-12 Regular Session, is amended to
read:
3000.09. (a) Notwithstanding any other law, any parolee who was
paroled from state prison prior to October 1, 2011, shall be subject
to this section.
(b) Parolees subject to this section shall remain under
supervision by the Department of Corrections and Rehabilitation until
one of the following occurs:
(1) Jurisdiction over the person is terminated by operation of
law.
(2) The supervising agent recommends to the parole authority that
the offender be discharged and the parole authority approves the
discharge.
(3) The offender, except an offender who if released from prison
after October 1, 2011, would be subject to parole based on the
criteria identified in subdivision (a) of Section 3000.08, completes
six consecutive months of parole without violating their conditions,
at which time the supervising agent shall review and make a
recommendation on whether to discharge the offender to the parole
authority and the parole authority approves the discharge.
(c) Parolees subject to this section who are being held for a
parole violation in county jail on October 1, 2011, shall be subject
to the jurisdiction of the Board of Parole Hearings and may, upon
revocation, be remanded to the state prison. Upon completion of a
revocation term, the parolee shall either remain under parole
supervision of the department pursuant to Section 3000.08 or shall be
placed on postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450).
(d) Any parolee who was paroled prior to October 1, 2011, who
commits a violation of parole shall be subject to parole revocation
procedures in accordance with the procedures established under
Section 3000.08.
SEC. 7. The heading of Title 4.5 (commencing with Section 13600)
of Part 4 of the Penal Code, as amended by Section 49 of Senate Bill
92 of the 2011-12 Regular Session, is amended to read:
TITLE 4.5. CORRECTIONS STANDARD AUTHORITY
SEC. 8. The heading of Title 4.5 (commencing with Section 13600)
is added to Part 4 of the Penal Code, to read:
TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS
AND TRAINING
SEC. 9. (a) Section 6 of this act shall remain operative until
July 1, 2012.
(b) Section 7 of this act shall become operative on July 1, 2012.
SEC. 10. Section 13600 of the Penal Code, as added by Section 51
of Senate Bill 92 of the 2011-12 Regular Session, is repealed.
SEC. 11. Section 13600 is added to the Penal Code, to read:
13600. (a) Commencing July 1, 2005, any reference to the
Commission on Correctional Peace Officer Standards and Training or
"CPOST" shall refer to the Corrections Standards Authority
established pursuant to Chapter 5 (commencing with Section 6024) of
Title 7 of Part 3. As of that date, the Commission on Correctional
Peace Officer Standards and Training is abolished.
(b) (1) The Legislature finds and declares that peace officers of
the state correctional system, including youth and adult correctional
facilities, fulfill responsibilities that require creation and
application of sound selection criteria for applicants and standards
for their training prior to assuming their duties. For the purposes
of this section, correctional peace officers are peace officers as
defined in Section 830.5 and employed or designated by the Department
of Corrections and Rehabilitation.
(2) The Legislature further finds that sound applicant selection
and training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs in the department.
(c) The Secretary of the Department of Corrections and
Rehabilitation shall, with advice from the Corrections Standards
Authority, appoint a subordinate officer to serve as executive
director of the board. The subordinate officer shall serve at the
pleasure of the secretary. The subordinate officer shall appoint
staff as provided for in the annual Budget Act, beginning in the
2005-06 fiscal year.
(d) This section shall be repealed on July 1, 2012.
SEC. 12. Section 13600 is added to the Penal Code, to read:
13600. (a) (1) The Legislature finds and declares that peace
officers of the state correctional system, including youth and adult
correctional facilities, fulfill responsibilities that require
creation and application of sound selection criteria for applicants
and standards for their training prior to assuming their duties. For
the purposes of this section, correctional peace officers are peace
officers as defined in Section 830.5 and employed or designated by
the Department of Corrections and Rehabilitation.
(2) The Legislature further finds that sound applicant selection
and training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs.
(b) There is within the Department of Corrections and
Rehabilitation a Commission on Correctional Peace Officer Standards
and Training, hereafter referred to, for purposes of this title, as
the CPOST.
(c) (1) The executive board of the CPOST shall be composed of six
voting members.
(A) Three members from, appointed by, and representing the
management of, the Department of Corrections and Rehabilitation, one
of whom shall represent the Division of Juvenile Facilities.
(B) Three members from, and appointed by the Governor upon
recommendation by, and representing the membership of, the California
Correctional Peace Officers' Association. Two members shall be
rank-and-file persons from State Bargaining Unit 6 and one member
shall be supervisory.
(C) Appointments shall be for four years.
(D) Promotion of a member of the CPOST shall invalidate the
appointment of that member and shall require the recommendation and
appointment of a new member if the member was appointed from rank and
file or from supervisory personnel and promoted out of his or her
respective rank and file or supervisory position during his or her
term on the CPOST.
(2) Each appointing authority shall appoint one alternate member
for each regular member who it appoints pursuant to paragraph (1).
Every alternate member shall possess the same qualifications as the
regular member and shall substitute for,
and vote in place of, the regular member whenever
he or she is absent.
(d) The rules for voting on the executive board of the CPOST shall
be as follows:
(1) Decisions shall be made by a majority vote.
(2) Proxy voting shall not be permitted.
(3) Tentative approval of a decision by the CPOST may be taken by
a telephone vote. The CPOST members' decision shall be documented in
writing and submitted to the CPOST for confirmation at the next
scheduled CPOST meeting so as to become a part of the permanent
record.
(e) The executive board of the CPOST shall adopt rules as it deems
necessary for efficient operations, including, but not limited to,
the appointment of advisory members for forming whatever committees
it deems necessary to conduct its business. These rules shall be in
conformance with the State Personnel Board rules and regulations, the
Department of Personnel Administration rules and regulations, and
the provisions of the State Bargaining Unit 6 memorandum of
understanding.
(f) The CPOST shall appoint an executive director.
(g) This section shall be operative on July 1, 2012.
SEC. 13. Section 13601 of the Penal Code, as amended by Section 52
of Senate Bill 92 of the 2011-12 Regular Session, is repealed.
SEC. 14. Section 13601 is added to the Penal Code, to read:
13601. (a) The Corrections Standards Authority shall develop,
approve, and monitor standards for the selection and training of
state correctional peace officer apprentices. Any standard for
selection established under this subdivision shall be subject to
approval by the State Personnel Board. Using the psychological and
screening standards established by the State Personnel Board, the
State Personnel Board or the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities shall ensure that,
prior to training, each applicant who has otherwise qualified in all
physical and other testing requirements to be a peace officer in
either a youth or adult correctional facility, is determined to be
free from emotional or mental conditions that might adversely affect
the exercise of his or her duties and powers as a peace officer.
(b) The authority may approve standards for a course in the
carrying and use of firearms for correctional peace officers that is
different from that prescribed pursuant to Section 832. The standards
shall take into consideration the different circumstances presented
within the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the authority subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The authority shall develop, approve, and monitor standards
for advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The authority shall develop, approve, and monitor standards
for the training of state correctional peace officers in the
department in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
authority may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the authority, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The authority shall
monitor program compliance by the department.
(h) The authority may disapprove any training courses created by
the department pursuant to the standards developed by the authority
if it determines that the courses do not meet the prescribed
standards.
(i) The authority shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the authority, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The authority shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding authority rules,
regulations, standards, or decisions.
(k) This section shall be repealed on July 1, 2012.
SEC. 15. Section 13601 is added to the Penal Code, to read:
13601. (a) The CPOST shall develop, approve, and monitor
standards for the selection and training of state correctional peace
officer apprentices. Any standard for selection established under
this subdivision shall be subject to approval by the State Personnel
Board. Using the psychological and screening standards established by
the State Personnel Board, the State Personnel Board or the
Department of Corrections and Rehabilitation shall ensure that, prior
to training, each applicant who has otherwise qualified in all
physical and other testing requirements to be a peace officer in
either a youth or adult correctional facility, is determined to be
free from emotional or mental conditions that might adversely affect
the exercise of his or her duties and powers as a peace officer.
(b) The CPOST may approve standards for a course in the carrying
and use of firearms for correctional peace officers that is different
from that prescribed pursuant to Section 832. The standards shall
take into consideration the different circumstances presented within
the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The CPOST shall develop, approve, and monitor standards for
advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The CPOST shall develop, approve, and monitor standards for
the training of state correctional peace officers in the department
in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
CPOST may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall monitor
program compliance by the department.
(h) The CPOST may disapprove any training courses created by the
department pursuant to the standards developed by CPOST if it
determines that the courses do not meet the prescribed standards.
(i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST rules,
regulations, standards, or decisions.
(k) This section shall become operative July 1, 2012.
SEC. 16. Section 13602 of the Penal Code, as amended by Section 53
of Senate Bill 92 of the 2011-12 Regular Session, is repealed.
SEC. 17. Section 13602 is added to the Penal Code, to read:
13602. (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the Corrections
Standards Authority before he or she may be assigned to a post or
job as a peace officer. Every newly appointed first-line or
second-line supervisor in the Department of Corrections and
Rehabilitation shall complete the course of training, pursuant to
standards approved by the authority for that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
(d) This section shall be repealed on July 1, 2012.
SEC. 18. Section 13602 is added to the Penal Code, to read:
13602. (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST for
that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
(d) This section shall become operative July 1, 2012.
SEC. 19. Section 13603 of the Penal Code, as amended by Section 54
of Senate Bill 92 of the 2011-12 Regular Session, is repealed.
SEC. 20. Section 13603 is added to the Penal Code, to read:
13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the Corrections
Standards Authority on how to implement the on-the-job training
requirements of this subdivision, the department shall provide a
total of 16 weeks of training to each correctional peace officer
cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the Corrections Standards Authority pursuant to
Section 13602.
(e) This section shall be repealed on July 1, 2012.
SEC. 21. Section 13603 is added to the Penal Code, to read:
13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the CPOST on how to
implement the on-the-job training requirements of this subdivision,
the department shall provide a total of 16 weeks of training to each
correctional peace officer cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the CPOST pursuant to Section 13602.
(e) This section shall become operative July 1, 2012.
SEC. 22. Section 13800 of the Penal Code, as amended by Section 55
of Senate Bill 92 of the 2011-12 Regular Session, is repealed.
SEC. 23. Section 13800 is added to the Penal Code, to read:
13800. Unless otherwise required by context, as used in this
title:
(a) "Agency" means the California Emergency Management Agency.
(b) "Council" means the California Council on Criminal Justice.
(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.
(f) This section shall be repealed on July 1, 2012.
SEC. 24. Section 13800 is added to the Penal Code, to read:
13800. Unless otherwise required by context, as used in this
title, on and after July 1, 2012:
(a) "Agency" means the Board of State and Community Corrections.
(b) "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) "Executive director" means the Executive Director of the Board
of State and Community Corrections.
(f) This section shall become operative on July 1, 2012.
SEC. 25. Section 13810 is added to the Penal Code, to read:
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.
(d) This section shall be repealed on January 1, 2012.
SEC. 26. Section 13811 is added to the Penal Code, to read:
13811. (a) The council shall meet no more than 12 times per year.
(b) 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.
(c) This section shall be repealed on January 1, 2012.
SEC. 27. Section 13812 of the Penal Code, as amended by Section 58
of Senate Bill 92 of the 2011-12 Regular Session, is repealed.
SEC. 28. Section 13812 is added to the Penal Code, to read:
13812. (a) 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.
(b) 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.
(c) This section shall be repealed on January 1, 2012.
SEC. 29. Section 13812 is added to the Penal Code, to read:
13812. (a) 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.
(b) This section shall become operative January 1, 2012.
SEC. 30. Section 13813 is added to the Penal Code, to read:
13813. (a) 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.
(b) This section shall be repealed on January 1, 2012.
SEC. 31. Section 1731.5 of the Welfare and Institutions Code, as
amended by Section 620 of Chapter 15 of the Statutes of 2011, is
amended to read:
1731.5. (a) After certification to the Governor as provided in
this article, a court may commit to the Division of Juvenile
Facilities any person who meets all of the following:
(1) Is convicted of an offense described in subdivision (b) of
Section 707 or subdivision (c) of Section 290.008 of the Penal Code.
(2) Is found to be less than 21 years of age at the time of
apprehension.
(3) Is not sentenced to death, imprisonment for life, with or
without the possibility of parole, whether or not pursuant to Section
190 of the Penal Code, imprisonment for 90 days or less, or the
payment of a fine, or after having been directed to pay a fine,
defaults in the payment thereof, and is subject to imprisonment for
more than 90 days under the judgment.
(4) Is not granted probation, or was granted probation and that
probation is revoked and terminated.
(b) The Division of Juvenile Facilities shall accept a person
committed to it pursuant to this article if it believes that the
person can be materially benefitted by its reformatory and
educational discipline, and if it has adequate facilities to provide
that care.
(c) Any person under 18 years of age who is not committed to the
division pursuant to this section may be transferred to the authority
by the Secretary of the Department of Corrections and Rehabilitation
with the approval of the Chief Deputy Secretary for the Division of
Juvenile Justice. In sentencing a person under 18 years of age, the
court may order that the person shall be transferred to the custody
of the Division of Juvenile Facilities pursuant to this subdivision.
If the court makes this order and the division fails to accept
custody of the person, the person shall be returned to court for
resentencing. The transfer shall be solely for the purposes of
housing the inmate, allowing participation in the programs available
at the institution by the inmate, and allowing division parole
supervision of the inmate, who, in all other aspects shall be deemed
to be committed to the Department of Corrections and Rehabilitation
and shall remain subject to the jurisdiction of the Secretary of the
Department of Corrections and Rehabilitation and the Board of Parole
Hearings. Notwithstanding subdivision (b) of Section 2900 of the
Penal Code, the secretary, with the concurrence of the chief deputy
secretary, may designate a facility under the jurisdiction of the
chief deputy secretary as a place of reception for any person
described in this subdivision.
The chief deputy secretary shall have the same powers with respect
to an inmate transferred pursuant to this subdivision as if the
inmate had been committed or transferred to the Division of Juvenile
Facilities either under the Arnold-Kennick Juvenile Court Law or
subdivision (a).
The duration of the transfer shall extend until any of the
following occurs:
(1) The chief deputy secretary orders the inmate returned to the
Department of Corrections and Rehabilitation.
(2) The inmate is ordered discharged by the Board of Parole
Hearings.
(3) The inmate reaches 18 years of age. However, if the inmate's
period of incarceration would be completed on or before the inmate's
21st birthday, the chief deputy secretary may continue to house the
inmate until the period of incarceration is completed.
SEC. 32. Section 83 of Senate Bill 92 of the 2011-12 Regular
Session, is amended to read:
Sec. 83. (a) Sections 1 to 15, inclusive, and Sections 18, 22, and
65 to 70, inclusive, of this act shall be operative on January 1,
2012. Sections 30 to 34, inclusive, and 60 to 64, inclusive, of this
act shall be operative on July 1, 2012.
(b) Sections 29.5, 71 to 74, inclusive, and Sections 80 and 81
shall be operative on the date that the act adding this subdivision
is operative.
SEC. 33. Section 69 of Assembly Bill 117 of the 2011-12 Regular
Session, is amended to read:
Sec. 69. (a) Except as described in subdivisions (b) and (c), this
act shall only become operative no earlier than July 1, 2011, and
only if Chapter 15 of the Statutes of 2011 becomes operative.
(b) On or before August 1, 2011, county agencies designated to
supervise inmates to be released to postrelease supervision shall
notify the Department of Corrections and Rehabilitation that the
county agencies have been designated as the local entity responsible
for providing that supervision. The requirements of this subdivision
shall take effect immediately.
(c) Notwithstanding subdivision (a), Sections 32 and 33 shall
become operative on the date the act adding this subdivision becomes
operative.
SEC. 34. An amount of $1,000 is provided to the Department of
Corrections and Rehabilitation for the purpose of state operations in
the 2011-12 fiscal year, payable from the General Fund.
SEC. 35. 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.
