Bill Text: CA AB168 | 2023-2024 | Regular Session | Chaptered
Bill Title: Public safety.
Spectrum: Committee Bill
Status: (Passed) 2024-07-02 - Chaptered by Secretary of State - Chapter 49, Statutes of 2024. [AB168 Detail]
Download: California-2023-AB168-Chaptered.html
Assembly Bill
No. 168
CHAPTER 49
An act to amend Sections 851.93, 1193, 1203.425, 1218, 1233.12, 4852.07, and 11126 of, to repeal Section 5003.7 of, to repeal Article 4.5 (commencing with Section 2043) of Chapter 1 of Title 1 of Part 3 of, and to repeal and add Section 5003 of, the Penal Code, and to amend Section 99231 of the Public Utilities Code, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget.
[
Approved by
Governor
July 02, 2024.
Filed with
Secretary of State
July 02, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 168, Committee on Budget.
Public safety.
(1) Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on July 1, 2024, existing law makes arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. Existing law, commencing July 1, 2024, requires the department to provide confirmation that automatic conviction record relief was granted upon request from the subject of the record. Under existing law, beginning July 1, 2024, conviction record relief is available for a defendant convicted, on or after January 1, 2005, of a
felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified.
This bill would instead delay implementation of these provision until October 1, 2024, would specify that confirmation of automatic conviction relief be in the form of providing a copy of the subject’s state summary criminal history information record, as specified, and would extend automatic conviction relief to individuals with the above-described convictions on or after January 1, 1973.
Existing law, authorizes an applicant who questions the accuracy or completeness of any material contained in a criminal record to submit a written request to the department and, upon the receipt
of the request, requires the department to forward it to the person or agency that furnished the questioned information. Existing law, if the agency denies the allegations of inaccurateness or incompleteness in the record, requires the matter to be referred for administrative adjudication in accordance with specified provisions and, if a material inaccuracy or incompleteness is found, requires the department or agency in charge of the record to correct it and notify all persons and agencies to which it has disseminated the incorrect record of the correction, as specified.
This bill would exempt allegations of inaccuracy or incompleteness based on automatic conviction record relief or arrest record relief from the above-described provisions.
(2) Existing law requires a court, when entering a judgment of death, to immediately transmit, by mail or otherwise, a statement of the
conviction and judgment and a complete transcript of all the testimony given at the trial, as specified, to the Governor. Existing law requires the superior court to enter an order pronouncing the sentence against the defendant and prepare a warrant, as specified, after a judgment imposing the death penalty is upheld by the appellate court and requires, within 5 days, a certified copy of the order, attached to the warrant signed by the judge, to be transmitted to the warden of the state prison with custody of the defendant and certified copies to be transmitted by registered mail to the Governor.
This bill would require the court to electronically transmit to the Governor, in a mutually agreed upon format, the statement of the conviction and judgment, the certified copies of the order of judgment, and the warrant. The bill would eliminate the requirement that the court provide a complete transcript of the testimony given at trial and the copy of the clerk’s
transcript when a judgment of death is had.
(3) Existing law authorizes a person convicted of specified misdemeanors or felonies to file a petition for a certificate of rehabilitation and pardon. Existing law requires the petitioner to give notice of the filing and the time of the hearing of the petition, at least 30 days before the date set for the hearing, to, among others, the district attorney of the county in which the petition is filed and to the office of the Governor.
This bill would no longer require the petitioner to give notice to the office of the Governor.
(4) Existing law grants the Department of Corrections and Rehabilitation authority to operate the state prison system and gives the department jurisdiction over various state prisons and institutions.
This bill would delete obsolete references to closed prisons and make other conforming changes.
(5) Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into the State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities.
Existing law requires the Director of Finance, in consultation with certain entities, to annually calculate a statewide performance incentive payment and a county performance incentive payment, based upon specified performance metrics, for each eligible county, and to distribute those payments in the following fiscal year, as specified. Existing law, for the 2021–22, 2022–23 and 2023–24 fiscal years, instead appropriated $122,829,397 each
fiscal year from the General Fund to the State Community Corrections Performance Incentives Fund, in lieu of the general funding provisions, to be allocated to counties as specified.
This bill would appropriate $116,144,900 from the General Fund to the State Community Corrections Performance Incentives Fund, again in lieu of the general funding provisions, to be allocated to counties as specified.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 851.93 of the Penal Code, as amended by Section 4 of Chapter 47 of the Statutes of 2023, is amended to read:851.93.
(a) (1) On a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository, shall identify persons with records of arrest that meet the criteria set forth in paragraph (2) and are eligible for arrest record relief.(2) A person is eligible for relief pursuant to this section, if the arrest occurred on or after January 1, 1973, and meets any of the following conditions:
(A) The arrest was for a misdemeanor offense and the charge was dismissed.
(B) The arrest was for a misdemeanor offense,
there is no indication that criminal proceedings have been initiated, at least one calendar year has elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges that arose, from that arrest.
(C) The arrest was for an offense that is punishable by imprisonment pursuant to paragraph (1) or (2) of subdivision (h) of Section 1170, there is no indication that criminal proceedings have been initiated, at least three calendar years have elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest.
(D) The person successfully completed any of the following, relating to that arrest:
(i) A prefiling diversion program, as defined in Section 851.87, administered by a prosecuting attorney in lieu of
filing an accusatory pleading.
(ii) A drug diversion program administered by a superior court pursuant to Section 1000.5, or a deferred entry of judgment program pursuant to Section 1000 or 1000.8.
(iii) A pretrial diversion program, pursuant to Section 1000.4.
(iv) A diversion program, pursuant to Section 1001.9.
(v) A diversion program described in Chapter 2.8 (commencing with Section 1001.20), Chapter 2.8A (commencing with Section 1001.35), Chapter 2.81 (commencing with Section 1001.40), Chapter 2.9 (commencing with Section 1001.50), Chapter 2.9A (commencing with Section 1001.60), Chapter 2.9B (commencing with Section 1001.70), Chapter 2.9C (commencing with Section 1001.80), Chapter 2.9D (commencing with Section 1001.81), or Chapter 2.92 (commencing
with Section 1001.85), of Title 6.
(b) (1) The department shall grant relief to a person identified pursuant to subdivision (a), without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records.
(2) The state summary criminal history information shall include, directly next to or below the entry or entries regarding the person’s arrest record, a note stating “arrest relief granted,” listing the date that the department granted relief, and this section. This note shall be included in all statewide criminal databases with a record of the arrest.
(3) Except as otherwise provided in subdivision (d), an arrest for which arrest relief has been granted is deemed not to have occurred, and a person who has been granted arrest
relief is released from any penalties and disabilities resulting from the arrest, and may answer any question relating to that arrest accordingly.
(c) On a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Commencing on August 1, 2022, for any record retained by the court pursuant to Section 68152 of the Government Code, except as provided in subdivision (d), the court shall not disclose information concerning an arrest that is granted relief pursuant to this section to any person or entity, in any format, except to the person whose arrest was granted relief or a criminal justice agency, as defined in Section 851.92.
(d) Relief granted pursuant to this
section is subject to the following conditions:
(1) Arrest relief does not relieve a person of the obligation to disclose an arrest in response to a direct question contained in a questionnaire or application for employment as a peace officer, as defined in Section 830.
(2) Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as defined in Section 851.92, to access and use records that are granted relief to the same extent that would have been permitted for a criminal justice agency had relief not been granted.
(3) This section does not limit the ability of a district attorney to prosecute, within the applicable statute of limitations, an offense for which arrest relief has been granted pursuant to this section.
(4) Relief granted pursuant to this section does not affect a person’s authorization to own, possess, or have in the person’s custody or control a firearm, or the person’s susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the arrest would otherwise affect this authorization or susceptibility.
(5) Relief granted pursuant to this section does not affect any prohibition from holding public office that would otherwise apply under law as a result of the arrest.
(6) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or
regulatory provisions that incorporate the criteria of those sections.
(e) This section does not limit petitions, motions, or orders for arrest record relief, as required or authorized by any other law, including, but not limited to, Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9.
(f) The department shall annually publish statistics for each county regarding the total number of arrests granted relief pursuant to this section and the percentage of arrests for which the state summary criminal history information does not include a disposition, on the OpenJustice Web portal, as defined in Section 13010.
(g) This section shall be operative commencing July 1, 2022, subject to an appropriation in the annual Budget Act.
(h) This section shall remain in
effect only until October 1, 2024, and as of that date is repealed.
SEC. 2.
Section 851.93 of the Penal Code, as amended by Section 5 of Chapter 47 of the Statutes of 2023, is amended to read:851.93.
(a) (1) On a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository, shall identify persons with records of arrest that meet the criteria set forth in paragraph (2) and are eligible for arrest record relief.(2) A person is eligible for relief pursuant to this section, if the arrest occurred on or after January 1, 1973, and meets any of the following conditions:
(A) The arrest was for a misdemeanor offense and the charge was dismissed.
(B) The arrest was for a misdemeanor offense,
there is no indication that criminal proceedings have been initiated, at least one calendar year has elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges that arose, from that arrest.
(C) (i) The arrest was for a felony offense not described in clause (ii), there is no indication that criminal proceedings have been initiated, at least three calendar years have elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest.
(ii) If the arrest was for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more, there is no indication that criminal proceedings have been initiated, at least six years have elapsed since the
date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest.
(D) The person successfully completed any of the following, relating to that arrest:
(i) A prefiling diversion program, as defined in subdivision (d) of Section 851.87, administered by a prosecuting attorney in lieu of filing an accusatory pleading.
(ii) A drug diversion program administered by a superior court pursuant to Section 1000.5, or a deferred entry of judgment program pursuant to Section 1000 or 1000.8.
(iii) A pretrial diversion program, pursuant to Section 1000.4.
(iv) A diversion program, pursuant to Section 1001.9.
(v) A diversion program described in Chapter 2.8 (commencing with Section 1001.20), Chapter 2.8A (commencing with Section 1001.35), Chapter 2.81 (commencing with Section 1001.40), Chapter 2.9 (commencing with Section 1001.50), Chapter 2.9A (commencing with Section 1001.60), Chapter 2.9B (commencing with Section 1001.70), Chapter 2.9C (commencing with Section 1001.80), Chapter 2.9D (commencing with Section 1001.81), or Chapter 2.92 (commencing with Section 1001.85), of Title 6.
(b) (1) The department shall grant relief to a person identified pursuant to subdivision (a), without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records.
(2) The state summary criminal history information shall include, directly next to or below
the entry or entries regarding the person’s arrest record, a note stating “arrest relief granted,” listing the date that the department granted relief, and this section. This note shall be included in all statewide criminal databases with a record of the arrest.
(3) Except as otherwise provided in subdivision (d), an arrest for which arrest relief has been granted is deemed not to have occurred, and a person who has been granted arrest relief is released from any penalties and disabilities resulting from the arrest, and may answer any question relating to that arrest accordingly.
(c) On a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Commencing on
August 1, 2022, for any record retained by the court pursuant to Section 68152 of the Government Code, except as provided in subdivision (d), the court shall not disclose information concerning an arrest that is granted relief pursuant to this section to any person or entity, in any format, except to the person whose arrest was granted relief or a criminal justice agency, as defined in Section 851.92.
(d) Relief granted pursuant to this section is subject to all of the following conditions:
(1) Arrest relief does not relieve a person of the obligation to disclose an arrest in response to a direct question contained in a questionnaire or application for employment as a peace officer, as defined in Section 830.
(2) Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as
defined in Section 851.92, to access and use records that are granted relief to the same extent that would have been permitted for a criminal justice agency had relief not been granted.
(3) This section does not limit the ability of a district attorney to prosecute, within the applicable statute of limitations, an offense for which arrest relief has been granted pursuant to this section.
(4) Relief granted pursuant to this section does not affect a person’s authorization to own, possess, or have in the person’s custody or control a firearm, or the person’s susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the arrest would otherwise affect this authorization or susceptibility.
(5) Relief granted pursuant to this section does not affect any prohibition
from holding public office that would otherwise apply under law as a result of the arrest.
(6) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or regulatory provisions that incorporate the criteria of those sections.
(e) This section does not limit petitions, motions, or orders for arrest record relief, as required or authorized by any other law, including, but not limited to, Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9.
(f) The department shall annually publish on the OpenJustice Web portal, as described under Section
13010, statistics for each county regarding the total number of arrests granted relief pursuant to this section and the percentage of arrests for which the state summary criminal history information does not include a disposition.
(g) This section shall be operative commencing October 1, 2024, subject to an appropriation in the annual Budget Act.
SEC. 3.
Section 1193 of the Penal Code is amended to read:1193.
Judgment upon persons convicted of commission of crime shall be pronounced as follows:(a) (1) If the conviction is for a felony, the defendant shall be personally present when judgment is pronounced against them, unless the defendant, in open court and on the
record or in a notarized writing, requests that judgment be pronounced against them in their
absence, and that
they be represented by an attorney when judgment is pronounced, and the court approves the defendant’s absence during the pronouncement of judgment, or unless, after the exercise of reasonable diligence to procure the presence of the defendant, the court finds that it will be in the interest of justice that judgment be pronounced in the defendant’s absence.
(2) Notwithstanding paragraph (1), when any judgment imposing the death penalty has been affirmed by the appellate court, sentence may be reimposed upon the defendant in
their absence by the court from which the appeal was taken in the following manner:
(A) Upon receipt by the superior court from which the appeal is taken of the certificate of the appellate court affirming the judgment, the judge of the superior court shall make and cause to be entered an order pronouncing sentence against the defendant, and a
warrant signed by the judge, and attested by the clerk under the seal of the court, shall be drawn, and it shall state the conviction and judgment and appoint a day upon which the judgment shall be executed, which shall not be less than 60 days nor more than 90 days from the time of making the order.
(B) Within five days thereafter, a certified copy of the order, attested by the clerk under the seal of the court, and attached to the warrant, shall, for the purpose of execution, be transmitted by registered mail to the warden of the state prison having
the custody of the defendant and certified copies thereof shall be transmitted electronically, in a mutually agreed upon format, to the Governor.
(C) When any judgment imposing the death penalty has been affirmed and sentence has been reimposed as
provided in this paragraph there shall be no appeal from the order fixing the time for, and directing the execution of, the judgment.
(3) If a pro se defendant requests that judgment in a noncapital case be pronounced against them in their absence, the court shall appoint an attorney to represent the defendant in the in absentia sentencing.
(b) If the conviction be of a misdemeanor, judgment may be pronounced against the defendant in their absence.
SEC. 4.
Section 1203.425 of the Penal Code, as amended by Section 10 of Chapter 47 of the Statutes of 2023, is amended to read:1203.425.
(a) (1) (A) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in subparagraph (B) and are eligible for automatic conviction record relief.(B) A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:
(i) The person is not required to register pursuant to the Sex
Offender Registration Act.
(ii) The person does not have an active record for local, state, or federal supervision in the Supervised Release File.
(iii) Based upon the information available in the department’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for an offense and there is no indication of pending criminal charges.
(iv) Except as otherwise provided in subclause (III) of clause (v), there is no indication that the conviction resulted in a sentence of incarceration in the state prison.
(v) The conviction occurred on or after January 1, 1973, and meets either of the following criteria:
(I) The defendant
was sentenced to probation and, based upon the disposition date and the term of probation specified in the department’s records, appears to have completed their term of probation without revocation.
(II) The defendant was convicted of an infraction or misdemeanor, was not granted probation, and, based upon the disposition date and the term specified in the department’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment.
(2) (A) Except as specified in subdivision (b), the department shall grant relief, including dismissal of a conviction, to a person identified pursuant to paragraph (1) without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records.
(B) The state summary criminal history information shall include, directly next to or below the entry or entries regarding the person’s criminal record, a note stating “relief granted,” listing the date that the department granted relief and this section. This note shall be included in all statewide criminal databases with a record of the conviction.
(C) Except as otherwise provided in paragraph (4) and in Section 13555 of the Vehicle Code, a person granted conviction relief pursuant to this section shall be released from all penalties and disabilities resulting from the offense of which the person has been convicted.
(3) (A) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, the department shall electronically submit a notice to the superior court
having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Commencing on January 1, 2023, for any record retained by the court pursuant to Section 68152 of the Government Code, except as provided in paragraph (4), the court shall not disclose information concerning a conviction granted relief pursuant to this section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92.
(B) If probation is transferred pursuant to Section 1203.9, the department shall electronically submit a notice as provided in subparagraph (A) to both the transferring court and any subsequent receiving court. The electronic notice shall be in a mutually agreed upon format.
(C) If a receiving court reduces a felony to a misdemeanor pursuant to subdivision (b) of Section 17, or dismisses a conviction pursuant to law, including, but not limited to, Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, or 1203.49, it shall furnish a disposition report to the department with the original case number and CII number from the transferring court. The department shall electronically submit a notice to the superior court that sentenced the defendant. If probation is transferred multiple times, the department shall electronically submit a notice to all other involved courts. The electronic notice shall be in a mutually agreed upon format.
(D) If a court receives notification from the department pursuant to subparagraph (B), the court shall update its records to reflect the reduction or dismissal. If a court receives notification that a case was dismissed pursuant to
this section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, the court shall update its records to reflect the dismissal and shall not disclose information concerning a conviction granted relief to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92.
(4) Relief granted pursuant to this section is subject to the following conditions:
(A) Relief granted pursuant to this section does not relieve a person of the obligation to disclose a criminal conviction in response to a direct question contained in a questionnaire or application for employment as a peace officer, as defined in Section 830.
(B) Relief granted pursuant to this section does not relieve a person of the obligation to disclose the conviction in response to
a direct question contained in a questionnaire or application for public office, for enrollment as a provider of in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, or for contracting with the California State Lottery Commission.
(C) Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as defined in Section 851.92, to access and use records that are granted relief to the same extent that would have been permitted for a criminal justice agency had relief not been granted.
(D) Relief granted pursuant to this section does not limit the jurisdiction of the court over a subsequently filed motion to
amend the record, petition or motion for postconviction relief, or collateral attack on a conviction for which relief has been granted pursuant to this section.
(E) Relief granted pursuant to this section does not affect a person’s authorization to own, possess, or have in the person’s custody or control a firearm, or the person’s susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the criminal conviction would otherwise affect this authorization or susceptibility.
(F) Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.
(G) Relief granted pursuant to this section does not release a person from the terms and conditions of any unexpired
criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying conviction.
(H) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or regulatory provisions that incorporate the criteria of those sections.
(I) Relief granted pursuant to this section does
not make eligible a person who is otherwise ineligible under state or federal law or regulation to provide, or receive payment for providing, in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code.
(J) In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.
(K) (i) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant
to Article 1 (commencing with Section 44000) of Chapter 1, Article 3 (commencing with Section 44240) and Article 8 (commencing with Section 44330) of Chapter 2, Article 1 (commencing with Section 44420) of Chapter 3, Article 3 (commencing with Section 44930) of Chapter 4, and Article 1 (commencing with Section 45100) and Article 6 (commencing with Section 45240) of Chapter 5, of Part 25 of Division 3 of Title 2 of the Education Code, or pursuant to any statutory or regulatory provisions that relate to, incorporate, expand upon, or interpret the authority of those provisions.
(ii) Notwithstanding clause (i) or any other law, information relating to a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to this section, shall not be disclosed.
(5) This section shall not limit petitions, motions, or orders for relief in a criminal case, as required or authorized by any other law, including, but not limited to, Sections 1203.4 and 1204.4a.
(6) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, the department shall annually publish statistics for each county regarding the total number of convictions granted relief pursuant to this section and the total number of convictions prohibited from automatic relief pursuant to subdivision (b), on the OpenJustice Web portal, as defined in Section 13010.
(b) (1) The prosecuting attorney or probation department may, no later than 90 calendar days before the date of a person’s eligibility for relief pursuant to this section, file a petition to prohibit the department from
granting automatic relief pursuant to this section, based on a showing that granting that relief would pose a substantial threat to the public safety. If probation was transferred pursuant to Section 1203.9, the prosecuting attorney or probation department in either the receiving county or the transferring county shall file the petition in the county of current jurisdiction.
(2) The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.
(3) At a hearing on the petition pursuant to this subdivision, the defendant, the probation department, the prosecuting attorney, and the arresting agency, through the prosecuting attorney, may present evidence to the court. Notwithstanding Sections 1538.5 and 1539, the hearing may be heard and determined upon declarations, affidavits, police investigative reports, copies of state
summary criminal history information and local summary criminal history information, or any other evidence submitted by the parties that is material, reliable, and relevant.
(4) The prosecutor or probation department has the initial burden of proof to show that granting conviction relief would pose a substantial threat to the public safety. In determining whether granting relief would pose a substantial threat to the public safety, the court may consider any relevant factors including, but not limited to, either of the following:
(A) Declarations or evidence regarding the offense for which a grant of relief is being contested.
(B) The defendant’s record of arrests and convictions.
(5) If the court finds that the prosecutor or probation department has
satisfied the burden of proof, the burden shifts to the defendant to show that the hardship of not obtaining relief outweighs the threat to the public safety of providing relief. In determining whether the defendant’s hardship outweighs the threat to the public safety, the court may consider any relevant factors including, but not limited to, either of the following:
(A) The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.
(B) Declarations or evidence regarding the defendant’s good character.
(6) If the court grants a petition pursuant to this subdivision, the court shall furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief pursuant to this section was denied, and the department shall not grant
relief pursuant to this section. If probation was transferred pursuant to Section 1203.9, the department shall electronically submit a notice to the transferring court, and, if probation was transferred multiple times, to all other involved courts.
(7) A person denied relief pursuant to this section may continue to be eligible for relief pursuant to Section 1203.4 or 1203.4a. If the court subsequently grants relief pursuant to one of those sections, the court shall furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief was granted pursuant to the applicable section, and the department shall grant relief pursuant to that section. If probation was transferred pursuant to Section 1203.9, the department shall electronically submit a notice that relief was granted pursuant to the applicable section to the transferring court and, if probation was transferred multiple times, to all other involved
courts.
(c) At the time of sentencing, the court shall advise a defendant, either orally or in writing, of the provisions of this section and of the defendant’s right, if any, to petition for a certificate of rehabilitation and pardon.
(d) This section shall become inoperative on October 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 5.
Section 1203.425 of the Penal Code, as amended by Section 1 of Chapter 444 of the Statutes of 2023, is amended to read:1203.425.
(a) (1) (A) Commencing October 1, 2024, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in subparagraph (B) and are eligible for automatic conviction record relief.(B) A person is eligible for automatic
conviction relief pursuant to this section if they meet all of the following conditions:
(i) The person is not required to register pursuant to the Sex Offender Registration Act.
(ii) The person does not have an active record for local, state, or federal supervision in the Supervised Release File.
(iii) Based upon the information available in the department’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for an offense and there is no indication of pending criminal charges.
(iv) The conviction meets either of the following criteria:
(I) The conviction occurred on or after January 1, 1973, and meets either of the
following criteria:
(ia) The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in the department’s records, appears to have completed their term of probation without revocation.
(ib) The defendant was convicted of an infraction or misdemeanor other than one eligible under sub-subclause (ia), and, based upon the disposition date and the term specified in the department’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment.
(II) The conviction occurred on or after January 1, 1973,
the defendant was convicted of a felony other than one for which the defendant completed probation without revocation, and based upon the disposition date and the sentence specified in the department’s records, appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of four years has elapsed since the date on which the defendant completed probation or supervision for that conviction and during which the defendant was not convicted of a new felony offense. This subclause does not apply to a conviction of a serious felony defined in subdivision (c) of Section 1192.7, a violent felony as defined in Section 667.5, or a felony offense requiring registration pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(2) (A) Except as specified in subdivision (b), the department shall grant relief,
including dismissal of a conviction, to a person identified pursuant to paragraph (1) without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records.
(B) The state summary criminal history information shall include, directly next to or below the entry or entries regarding the person’s criminal record, a note stating “relief granted,” listing the date that the department granted relief and this section. This note shall be included in all statewide criminal databases with a record of the conviction.
(C) Except as otherwise provided in paragraph (4) and in Section 13555 of the Vehicle Code, a person granted conviction relief pursuant to this section shall be released from all penalties and disabilities resulting from the offense of which the person has been convicted.
(3) (A) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Commencing on January 1, 2023, for any record retained by the court pursuant to Section 68152 of the Government Code, except as provided in paragraph (4), the court shall not disclose information concerning a conviction granted relief pursuant to this section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92.
(B) If probation is transferred
pursuant to Section 1203.9, the department shall electronically submit a notice as provided in subparagraph (A) to both the transferring court and any subsequent receiving court. The electronic notice shall be in a mutually agreed upon format.
(C) If a receiving court reduces a felony to a misdemeanor pursuant to subdivision (b) of Section 17, or dismisses a conviction pursuant to law, including, but not limited to, Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, or 1203.49, it shall furnish a disposition report to the department with the original case number and CII number from the transferring court. The department shall electronically submit a notice to the superior court that sentenced the defendant. If probation is transferred multiple times, the department shall electronically submit a notice to all other involved courts. The electronic notice shall be in a mutually agreed upon format.
(D) If a court receives notification from the department pursuant to subparagraph (B), the court shall update its records to reflect the reduction or dismissal. If a court receives notification that a case was dismissed pursuant to this section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, the court shall update its records to reflect the dismissal and shall not disclose information concerning a conviction granted relief to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92.
(4) Relief granted pursuant to this section is subject to the following conditions:
(A) Relief granted pursuant to this section does not relieve a person of the obligation to disclose a criminal conviction in response to a direct question contained
in a questionnaire or application for employment as a peace officer, as defined in Section 830.
(B) Relief granted pursuant to this section does not relieve a person of the obligation to disclose the conviction in response to a direct question contained in a questionnaire or application for public office, for enrollment as a provider of in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, or for contracting with the California State Lottery Commission.
(C) Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as defined in Section 851.92, to access and use records that are granted relief to the same
extent that would have been permitted for a criminal justice agency had relief not been granted.
(D) Relief granted pursuant to this section does not limit the jurisdiction of the court over a subsequently filed motion to amend the record, petition or motion for postconviction relief, or collateral attack on a conviction for which relief has been granted pursuant to this section.
(E) Relief granted pursuant to this section does not affect a person’s authorization to own, possess, or have in the person’s custody or control a firearm, or the person’s susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the criminal conviction would otherwise affect this authorization or susceptibility.
(F) Relief granted pursuant to this section does not affect a
prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.
(G) Relief granted pursuant to this section does not release a person from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying conviction.
(H) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated
pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or regulatory provisions that incorporate the criteria of those sections.
(I) Relief granted pursuant to this section does not make eligible a person who is otherwise ineligible under state or federal law or regulation to provide, or receive payment for providing, in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code.
(J) In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.
(K) (i) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Article 1 (commencing with Section 44000) of Chapter 1, Article 3 (commencing with Section 44240) and Article 8 (commencing with Section 44330) of Chapter 2, Article 1 (commencing with Section 44420) of Chapter 3, Article 3 (commencing with Section 44930) of Chapter 4, Article 1 (commencing with Section 45100) and Article 6 (commencing with Section 45240) of Chapter 5, of Part 25 of Division 3 of Title 2 of the Education Code, or pursuant to any statutory or regulatory provisions that relate to, incorporate, expand upon, or interpret the authority of those provisions.
(ii) Notwithstanding clause (i) or any other law,
information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to this section, shall not be disclosed.
(L) Relief granted pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective orders that have been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(5) This section does not limit petitions, motions, or
orders for relief in a criminal case, as required or authorized by any other law, including, but not limited to, Sections 1016.5, 1203.4, 1203.4a, 1203.4b, 1203.41, 1203.42, 1203.49, and 1473.7. This section does not limit petitions for a certificate of rehabilitation or pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3.
(6) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, the department shall annually publish statistics for each county regarding the total number of convictions granted relief pursuant to this section and the total number of convictions prohibited from automatic relief pursuant to subdivision (b), on the OpenJustice Web portal, as defined in Section 13010.
(7) Upon request from the subject of the
record for a copy of their state summary criminal history information record made in accordance with Sections 11122 and 11123, the department shall furnish a copy of the record to the subject of the record or to an individual designated by them in accordance with Section 11124 to provide confirmation that relief was granted pursuant to this section.
(b) (1) The prosecuting attorney or probation department may, no later than 90 calendar days before the date of a person’s eligibility for relief pursuant to this section, file a petition to prohibit the department from granting automatic relief pursuant to this section, based on a showing that granting that relief would pose a substantial threat to the public safety. If probation was transferred pursuant to Section 1203.9, the prosecuting attorney or probation department in either the receiving county or the transferring county shall
file the petition in the county of current jurisdiction.
(2) The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.
(3) At a hearing on the petition pursuant to this subdivision, the defendant, the probation department, the prosecuting attorney, and the arresting agency, through the prosecuting attorney, may present evidence to the court. Notwithstanding Sections 1538.5 and 1539, the hearing may be heard and determined upon declarations, affidavits, police investigative reports, copies of state summary criminal history information and local summary criminal history information, or any other evidence submitted by the parties that is material, reliable, and relevant.
(4) The prosecutor or probation department has the initial burden of proof to show
that granting conviction relief would pose a substantial threat to the public safety. In determining whether granting relief would pose a substantial threat to the public safety, the court may consider any relevant factors, including, but not limited to, either of the following:
(A) Declarations or evidence regarding the offense for which a grant of relief is being contested.
(B) The defendant’s record of arrests and convictions.
(5) If the court finds that the prosecutor or probation department has satisfied the burden of proof, the burden shifts to the defendant to show that the hardship of not obtaining relief outweighs the threat to the public safety of providing relief. In determining whether the defendant’s hardship outweighs the threat to the public safety, the court may consider any relevant factors,
including, but not limited to, either of the following:
(A) The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.
(B) Declarations or evidence regarding the defendant’s good character.
(6) If the court grants a petition pursuant to this subdivision, the court shall furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief pursuant to this section was denied, and the department shall not grant relief pursuant to this section. If probation was transferred pursuant to Section 1203.9, the department shall electronically submit a notice to the transferring court, and, if probation was transferred multiple times, to all other involved courts.
(7) A
person denied relief pursuant to this section may continue to be eligible for relief pursuant to law, including, but not limited to, Section 1203.4, 1203.4a, 1203.4b, or 1203.41. If the court subsequently grants relief pursuant to one of those sections, the court shall furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief was granted pursuant to the applicable section, and the department shall grant relief pursuant to that section. If probation was transferred pursuant to Section 1203.9, the department shall electronically submit a notice that relief was granted pursuant to the applicable section to the transferring court and, if probation was transferred multiple times, to all other involved courts.
(c) At the time of sentencing, the court shall advise a defendant, either orally or in writing, of the provisions of this section and of the defendant’s right, if any, to petition for a certificate
of rehabilitation and pardon.
(d) This section shall become operative on October 1, 2024.
SEC. 6.
Section 1218 of the Penal Code is amended to read:1218.
The judge of the court at which a judgment of death is had shall, immediately after the judgment, electronically transmit, in a mutually agreed upon format, a statement of the conviction and judgment to the Governor.SEC. 7.
Section 1233.12 of the Penal Code is amended to read:1233.12.
(a) Notwithstanding Sections 1233.3 and 1233.4, in each of the 2022–23 and 2023–24 fiscal years, the amount of one hundred twenty-two million eight hundred twenty-nine thousand three hundred ninety-seven dollars ($122,829,397) is hereby appropriated from the General Fund to the State Community Corrections Performance Incentives Fund, established pursuant to Section 1233.6, for the community corrections program. Funds shall be allocated by the Controller to counties according to the requirements of the program and pursuant to the following schedule:| Alameda | $ 2,760,919 |
| Alpine | $ 200,000 |
| Amador | $ 233,777 |
| Butte | $ 416,404 |
| Calaveras | $ 512,027 |
| Colusa | $ 267,749 |
| Contra Costa | $ 6,643,176 |
| Del Norte | $ 200,000 |
| El Dorado | $ 348,495 |
| Fresno | $ 3,156,754 |
| Glenn | $ 223,171 |
| Humboldt | $ 1,055,456 |
| Imperial | $ 203,247 |
| Inyo | $ 222,098 |
| Kern | $ 1,519,187 |
| Kings | $ 1,105,869 |
| Lake | $ 465,073 |
| Lassen | $ 253,037 |
| Los Angeles | $ 37,413,530 |
| Madera | $ 1,237,543 |
| Marin | $ 988,095 |
| Mariposa | $ 200,000 |
| Mendocino | $ 592,510 |
| Merced | $ 1,032,961 |
| Modoc | $ 202,975 |
| Mono | $ 257,466 |
| Monterey | $ 300,463 |
| Napa | $ 329,767 |
| Nevada | $ 669,278 |
| Orange | $ 4,973,540 |
| Placer | $ 545,848 |
| Plumas | $ 442,681 |
| Riverside | $ 6,954,331 |
| Sacramento | $ 12,329,233 |
| San Benito | $ 282,215 |
| San Bernardino | $ 8,357,087 |
| San Diego | $ 2,930,998 |
| San Francisco | $ 3,060,552 |
| San Joaquin | $ 2,227,270 |
| San Luis Obispo | $ 1,322,460 |
| San Mateo | $ 1,175,827 |
| Santa Barbara | $ 1,416,944 |
| Santa Clara | $ 1,747,784 |
| Santa Cruz | $ 1,746,643 |
| Shasta | $ 512,037 |
| Sierra | $ 215,489 |
| Siskiyou | $ 284,355 |
| Solano | $ 807,241 |
| Sonoma | $ 1,067,821 |
| Stanislaus | $ 1,286,879 |
| Sutter | $ 738,100 |
| Tehama | $ 458,088 |
| Trinity | $ 200,000 |
| Tulare | $ 1,864,437 |
| Tuolumne | $ 382,373 |
| Ventura | $ 783,267 |
| Yolo | $ 1,504,870 |
| Yuba | $ 200,000 |
(b) Notwithstanding Sections 1233.3 and 1233.4, for the 2024–25
fiscal year, the amount of one hundred sixteen million one hundred forty-four thousand nine hundred dollars ($116,144,900) is hereby appropriated from the General Fund to the State Community Corrections Performance Incentives Fund, established pursuant to Section 1233.6, for the community corrections program. Funds shall be allocated by the Controller to counties according to the requirements of the program and based on the amounts identified in subdivision (a) being reduced by 5.5 percent. For any county that would receive less than $200,000 after applying a 5.5 percent reduction, the county’s allocation shall be increased to $200,000.
(c) The
total annual payment to each county, as
provided for in subdivisions (a) and (b) shall be divided into four equal quarterly payments.
(d) A county that fails to provide the information required in Section 1231 to the Judicial Council shall not be eligible for payment pursuant to this section.
(e) This section shall
remain in effect only until January 1,
2026, and as of that date is repealed.
SEC. 8.
Article 4.5 (commencing with Section 2043) of Chapter 1 of Title 1 of Part 3 of the Penal Code is repealed.SEC. 9.
Section 4852.07 of the Penal Code is amended to read:4852.07.
The petitioner shall give notice of the filing and the time of the hearing of the petition at least 30 days before the date set for the hearing to the district attorney of the county in which the petition is filed and to the district attorney of each county in which the petitioner was convicted of a felony or of a crime the accusatory pleading of which was dismissed pursuant to Section 1203.4.SEC. 10.
Section 5003 of the Penal Code is repealed.SEC. 11.
Section 5003 is added to the Penal Code, to read:5003.
The department has jurisdiction over all of the following prisons and institutions:(a) Avenal State Prison.
(b) California Correctional Institution.
(c) California Health Care Facility, Stockton.
(d) California Institution for Men.
(e) California Institution for Women.
(f) California Men’s Colony.
(g) California Medical Facility.
(h) California Rehabilitation Center.
(i) California State Prison, Corcoran.
(j) California State Prison, Los Angeles County.
(k) California State Prison, Sacramento.
(l) California State Prison, Solano.
(m) California State Prison, Centinela.
(n) Calipatria State Prison.
(o) Central California Women’s Facility.
(p) Chuckawalla Valley State Prison.
(q) Correctional Training Facility.
(r) Folsom State Prison.
(s) High Desert State Prison.
(t) Ironwood State Prison.
(u) Kern Valley State Prison.
(v) Mule Creek State Prison.
(w) North Kern State Prison.
(x) Pelican Bay State Prison.
(y) Pleasant Valley State Prison.
(z) Richard J. Donovan Correctional Facility.
(aa) Salinas Valley State Prison.
(ab) San Quentin Rehabilitation Center.
(ac) Sierra Conservation Center.
(ad) Substance Abuse Treatment Facility and State Prison, Corcoran.
(ae) Valley State Prison.
(af) Wasco State Prison.
(ag) Other institutions and prison facilities that the Department of Corrections and Rehabilitation or the Secretary of the Department of Corrections and Rehabilitation may be authorized by law to establish.
SEC. 12.
Section 5003.7 of the Penal Code is repealed.SEC. 13.
Section 11126 of the Penal Code is amended to read:11126.
(a) If the applicant desires to question the accuracy or completeness of any material matter contained in the record, the applicant may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review.(b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, it shall correct its record and shall so inform the department, which shall correct the record accordingly. The department shall inform the applicant of its correction of the record under this subdivision within 30 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be
informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given.
(c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The
department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code.
(d) Subdivision (c) does not apply to allegations of inaccuracy or incompleteness in the
record based on record relief available pursuant to Section 851.93 or 1203.425 of the Penal Code.
SEC. 14.
Section 99231 of the Public Utilities Code is amended to read:99231.
(a) All operators and city or county governments with responsibility for providing municipal services to a given area collectively may file claims for only those moneys that represent that area’s apportionment.(b) The term “apportionment” has reference to that
proportion of the total annual revenue anticipated to be received in the fund that the population of the area bears to the total population of the county.
(c) The term “area” means:
(1) With reference to a transit district, the entire area stated in its enabling legislation or franchise, excluding cities therein which have retained the right to join the district at a later time.
(2) With reference to a transit development board, the entire area stated in its enabling legislation, including the municipalities therein which operated bus systems prior to the creation of the board and subsequently conveyed those systems to the board.
(3) With reference to a county government, the unincorporated area of the county.
(4) With reference to a city government, the corporate area of the city.
(5) With reference to the City and County of San Francisco and the Counties of Alameda and Contra Costa, the unincorporated area thereof (and with reference to a city in those counties, the corporate area of the city) which is outside the area of the Alameda-Contra Costa Transit District and which is not receiving adequate local public transportation services, as determined by the Metropolitan Transportation Commission pursuant to subdivision (b) of Section 99207.
(6) (A) Where a transit district, a transit development board, or a county or city, provides public transportation services beyond its boundaries, its area, for purposes of this section, shall also include:
(i) All of that area within one-half mile of any route which extends beyond its boundaries.
(ii) All of the corporate area of a city to which it provides those services pursuant to contract or prior express authority of the secretary.
(B) The transportation planning agency may rely, in its determination of populations, on estimates which are used by the Controller for distributing
money to cities under Section 2107 of the Streets and Highways Code and to counties under Section 11005 of the Revenue and Taxation Code, and may contract with the Department of Finance or other appropriate state agency for an annual determination of those population estimates as may be necessary.
(7) With reference to the County of Riverside, the area within the jurisdiction of the transit operator established by the joint exercise of powers of one or more cities and the County of Riverside. The area within the jurisdiction of the transit operator shall be as it existed on January 1, 1981, as determined by the Riverside County Transportation Commission.
(8) With reference to the County of San Bernardino, the area within the jurisdiction of the transit operator established by the joint exercise of powers of one or more cities, including the most populous city, and the County of San Bernardino. The area within the jurisdiction of the transit operator shall be as it existed on January 1, 1985, as determined by the San Bernardino County Transportation Commission.
(9) With reference to the County of Monterey, the area including the Correctional Training Facility, even if annexed by the City of Soledad.
(10) With reference to the County of Del Norte, the area including the Pelican Bay State Prison, even if annexed by the City of Crescent City.
(11) With reference to the County of Imperial, the area including the Calipatria State Prison, even if annexed by the City of Calipatria.
(12) With reference to the County of Riverside, the area including the Chuckawalla Valley State Prison, even if annexed by the City of Blythe.
(13) With reference to the County of Imperial, the area including the California State Prison, Centinela, even if annexed by either the City of El Centro or the City of Imperial.
(14) With reference to the County of Madera, the area including the Central California Women’s Facility and the Valley State Prison, even if annexed by the City of Chowchilla.
