Bill Text: CA AB1812 | 2017-2018 | Regular Session | Amended
Bill Title: Public safety omnibus.
Spectrum: Committee Bill
Status: (Passed) 2018-06-27 - Chaptered by Secretary of State - Chapter 36, Statutes of 2018. [AB1812 Detail]
Download: California-2017-AB1812-Amended.html
Amended
IN
Senate
June 12, 2018 |
Assembly Bill | No. 1812 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, |
January 10, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:SEC. 2.
Section 4021.5 of the Business and Professions Code is amended to read:4021.5.
(a) “Correctional pharmacy” means a pharmacy, licensed by the board, located within a correctional facility for the purpose of providing drugs to a correctional clinic, as defined in Section 4187, and providing pharmaceutical care to inmates of the correctional facility.SEC. 3.
Section 4052.2 of the Business and Professions Code is amended to read:4052.2.
(a) Notwithstanding any otherSEC. 4.
Section 4057 of the Business and Professions Code is amended to read:4057.
(a) Except as provided in Section 4006, subdivision (d) of Section 4081, Section 4240, subdivisions (t) and (u) of Section 4301, and Section 4342, this chapter does not apply to the retail sale of nonprescription drugs that are not subject to Section 4022 and that are packaged or bottled in the manufacturer’s or distributor’s container and labeled in accordance with applicable federal and state drug labeling requirements.SEC. 5.
Section 4081 of the Business and Professions Code is amended to read:4081.
(a) All records of manufacture and of sale, acquisition, receipt, shipment, or disposition of dangerous drugs or dangerous devices shall be at all times during business hours open to inspection by authorized officers of the law, and shall be preserved for at least three years from the date of making. A current inventory shall be kept by every manufacturer, wholesaler, third-party logistics provider, pharmacy, veterinary food-animal drug retailer, outsourcing facility, physician, dentist, podiatrist, veterinarian, laboratory, licensed correctional clinic, as defined in Section 4187, clinic, hospital, institution, or establishment holding a currently valid and unrevoked certificate, license, permit, registration, or exemption under Division 2 (commencing with Section 1200) of the Health and Safety Code or under Part 4 (commencing with Section 16000) of Division 9 of the Welfare and Institutions Code who maintains a stock of dangerous drugs or dangerous devices.SEC. 6.
Article 13.5 (commencing with Section 4187) is added to Chapter 9 of Division 2 of the Business and Professions Code, to read:Article 13.5. Correctional Clinics
4187.
For purposes of this article the following terms shall have the following meanings:4187.1.
(a) Notwithstanding any other provision of this chapter, a correctional clinic licensed by the board under this article may obtain drugs from a licensed correctional pharmacy, the Department of Correction and Rehabilitation’s Central Fill Pharmacy, or from another correctional clinic licensed by the board under this article within the same institution for the administration or dispensing of drugs or devices to patients eligible for care at the correctional facility if under either:4187.2.
(a) The policies and procedures to implement the laws and regulations of this article within a correctional clinic shall be developed and approved by the statewide Correctional Pharmacy and Therapeutics Committee referenced in Section 5024.2 of the Penal Code. Prior to the issuance of a correctional clinic license by the board, an acknowledgment shall be signed by the correctional facility pharmacist-in-charge servicing that institution, the pharmacist-in-charge for the California Department of Correction and Rehabilitation’s Central Fill Pharmacy, and the correctional clinic’s chief medical executive, supervising dentist, chief nurse executive, and chief executive officer.4187.3.
A Schedule II, III, IV, or V controlled substance may be administered by health care staff of the licensed correctional clinic lawfully authorized to administer pursuant to a chart order, as defined in Section 4019, a valid prescription consistent with this chapter, or pursuant to an approved protocol as identified within the statewide Inmate Medical Services Policies and Procedures.4187.4.
The board shall have the authority to inspect a correctional clinic at any time in order to determine whether a correctional clinic is, or is not, operating in compliance with this article.4187.5.
(a) An automated drug delivery system, as defined in subdivision (h), may be located in a correctional clinic licensed by the board under this article. If an automated drug delivery system is located in a correctional clinic, the correctional clinic shall implement the statewide Correctional Pharmacy and Therapeutics Committee’s policies and procedures and the statewide Inmate Medical Services Policies and Procedures to ensure safety, accuracy, accountability, security, patient confidentiality, and maintenance of the quality, potency, and purity of drugs. All policies and procedures shall be maintained either in electronic form or paper form at the location where the automated drug system is being used.SEC. 7.
Section 4203.6 is added to the Business and Professions Code, to read:4203.6.
(a) Each application for a license as a correctional clinic under Article 13.5 (commencing with Section 4187) shall be made on a form furnished by the board. The application form shall contain the name and address of the applicant, the name of its chief executive officer, as defined in Section 4187, and the name of the pharmacist-in-charge of the correctional pharmacy that provides drugs to the clinic.SEC. 8.
Section 4400 of the Business and Professions Code is amended to read:4400.
The amount of fees and penalties prescribed by this chapter, except as otherwise provided, is that fixed by the board according to the following schedule:(z)This section shall become operative on July 1, 2017.
SEC. 9.
Section 12838.1 of the Government Code is amended to read:12838.1.
(a) There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Administration and Offender Services, the following divisions:SEC. 10.
Section 13332.09 of the Government Code is amended to read:13332.09.
(a) A purchase order or other form of documentation for acquisition or replacement of motor vehicles shall not be issued against any appropriation until the Department of General Services has investigated and established the necessity therefor.(g)This section shall become operative on July 1, 2015.
SEC. 11.
Section 14670 of the Government Code is amended to read:14670.
(a) With the consent of the state agency concerned, the director may do any of the following:SEC. 12.
Section 15820.913 of the Government Code is amended to read:15820.913.
(a) The SPWB may issue up to eight hundredSEC. 13.
Section 1797.165 is added to the Health and Safety Code, to read:1797.165.
(a) (1) Notwithstanding any other law, the Department of Forestry and Fire Protection, also known as CAL-FIRE pursuant to Section 701.6 of the Public Resources Code, may certify an individual as an Emergency Medical Responder (EMR) if he or she meets both of the following conditions:SEC. 14.
Section 103680 of the Health and Safety Code is amended to read:103680.
(a)SEC. 15.
Section 680.3 of the Penal Code is amended to read:680.3.
(a) Each law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence shall, within 120 days of collection, create an information profile for the kit on the Department of Justice’s SAFE-T database and report the following:(h)Money received by the Office of Emergency Services from the federal Office on Violence Against Women that may be used for the testing of sexual assault kit evidence shall be used before appropriating money from the General Fund for purposes of reimbursing any costs determined by the Commission on State Mandates to be mandated by the state to a local law enforcement agency by this section.
SEC. 16.
Section 832.6 of the Penal Code is amended to read:832.6.
(a) Every person deputized or appointed, as described in subdivision (a) of Section 830.6, shall have the powers of a peace officer only when the person is any of the following:Level
This
In
SEC. 17.
Section 1170 of the Penal Code, as amended by Section 1 of Chapter 287 of the Statutes of 2017, is amended to read:1170.
(a) (1) The Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, this purpose is best served by terms that are proportionate to the seriousness of the offense with provision for uniformity in the sentences of offenders committing the same offense under similar circumstances.SEC. 18.
Section 1170 of the Penal Code, as amended by Section 2 of Chapter 287 of the Statutes of 2017, is amended to read:1170.
(a) (1) The Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, this purpose is best served by terms that are proportionate to the seriousness of the offense with provision for uniformity in the sentences of offenders committing the same offense under similar circumstances.SEC. 19.
Section 2067 is added to the Penal Code, immediately following Section 2066, to read:2067.
(a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.SEC. 20.
Section 3007.08 is added to the Penal Code, to read:3007.08.
(a) The Department of Corrections and Rehabilitation, Division of Juvenile Justice and the Department of Motor Vehicles shall ensure that an eligible juvenile offender released from a state juvenile facility has a valid identification card, issued pursuant to Article 3 (commencing with Section 12800) and Article 5 (commencing with Section 13000) of Chapter 1 of Division 6 of the Vehicle Code.SEC. 21.
Section 4115.5 of the Penal Code, as amended by Section 2 of Chapter 44 of the Statutes of 2014, is amended to read:4115.5.
(a) The board of supervisors of a county where, in the opinion of the sheriff or the director of the county department of corrections, adequate facilities are not available for prisoners who would otherwise be confined in its county adult detention facilities, may enter into an agreement with the board or boards of supervisors of one or more counties whose county adult detention facilities are adequate for and accessible to the first county to permit commitment of sentenced misdemeanants, persons sentenced pursuant to subdivision (h) of Section 1170, and any persons required to serve a term of imprisonment in county adult detention facilities as a condition of probation, with the concurrence of that county’s sheriff or director of its county department of corrections. When the agreement is in effect, commitments may be made by the court.SEC. 22.
Section 4115.5 of the Penal Code, as amended by Section 3 of Chapter 44 of the Statutes of 2014, is amended to read:4115.5.
(a) The board of supervisors of a county where adequate facilities are not available for prisoners who would otherwise be confined in its county adult detention facilities may enter into an agreement with the board or boards of supervisors of one or more nearby counties whose county adult detention facilities are adequate and are readily accessible from the first county to permit commitment of misdemeanants, and any persons required to serve a term of imprisonment in county adult detention facilities as a condition of probation, to a jail in a county having adequate facilities that is a party to the agreement. That agreement shall make provision for the support of a person so committed or transferred by the county from which he or she is committed. When that agreement is in effect, commitments may be made by the court and support of a person so committed shall be a charge upon the county from which he or she is committed.SEC. 23.
Section 6031.4 of the Penal Code is amended to read:6031.4.
(a) For the purpose of this title, “local detention facility” means any city, county, city and county, or regional facility used for the confinement for more than 24 hours of adults, or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors.(d)
SEC. 24.
Section 6040 of the Penal Code is amended to read:6040.
There is hereby created in the State Treasury a Corrections TrainingSEC. 25.
Section 6402.5 is added to the Penal Code, to read:6402.5.
(a) It is the intent of the Legislature that the Contraband Interdiction Pilot Program at the California Substance Abuse Treatment Facility and State Prison, Corcoran authorized by the Budget Act of 2018 be designed in such a way as to provide the Legislature with reliable information about how contraband enters prisons and what strategies are most cost effective in reducing inmate drug use.SEC. 26.
Section 13509 is added to the Penal Code, to read:13509.
(a) There is hereby established the Innovations Grant Program within the Commission on Peace Officer Standards and Training to, upon an appropriation of funds for the purposes described in this section, grant funds on a competitive basis to qualified public and private entities for the purpose of fostering innovations in training and procedures for law enforcement officers with the goal of reducing the number of officer-involved shootings statewide.SEC. 27.
Section 13523 of the Penal Code is amended to read:13523.
(a) The commission shall annually allocate and the State Treasurer shall periodically pay from the Peace Officers’ Training Fund, at intervals specified by the commission, to each city, county, district, or joint powers agency, that has applied and qualified for aid pursuant to this chapter an amount determined by the commission pursuant to standards set forth in its regulations. The commission shall grant aid only on a basis that is equally proportionate among cities, counties, districts, and joint powers agencies. State aid shall only be provided for training expenses of full-time regularly paid employees, as defined by the commission, of eligible agencies from cities, counties, districts, or joint powers agencies.SEC. 28.
Section 13523 is added to the Penal Code, to read:13523.
(a) The commission shall annually allocate and the State Treasurer shall periodically pay from the State Penalty Fund, at intervals specified by the commission, to each city, county, district, or joint powers agency that has applied and qualified for aid pursuant to this chapter an amount determined by the commission pursuant to standards set forth in its regulations. The commission shall grant aid only on a basis that is equally proportionate among cities, counties, districts, and joint powers agencies. State aid shall only be provided for training expenses of full-time regularly paid employees, as defined by the commission, of eligible agencies from cities, counties, districts, or joint powers agencies.SEC. 29.
Section 13603 of the Penal Code is amended to read:13603.
(a) The Department of Corrections and Rehabilitation(e)This section shall become operative July 1, 2015.
SEC. 30.
Section 607 of the Welfare and Institutions Code is amended to read:607.
(a) The court may retain jurisdiction over(g)
SEC. 31.
Section 912 of the Welfare and Institutions Code is amended to read:(a)Commencing on and after January 1, 2012, counties from which persons are committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall pay to the state an annual rate of one hundred twenty-five thousand dollars ($125,000) for the time those persons remain in any institution under the direct supervision of the division, or in any institution, boarding home, foster home, or other private or public institution in which they are placed by the division, on parole or otherwise, and cared for and supported at the expense of the division, as provided in this subdivision. This subdivision applies to any person committed to the division by a court, including persons committed to the division prior to January 1, 2012, who, on or after January 1, 2012,
remain in or return to the facilities described in this section.
The Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall present to the county, not more frequently than monthly, a claim for the amount due the state under this subdivision, which the county shall process and pay pursuant to Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code.
(b)Commencing on and after January 1, 2012, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not collect from, nor shall a county owe, any fees pursuant to subdivision (a).
(c)Commencing on and after July 1, 2012, counties from which persons are
912.
(a) A county from which a person is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall pay to the state an annual rate of twenty-four thousand dollars ($24,000)(d)
SEC. 32.
Section 1178 of the Welfare and Institutions Code is amended to read:1178.
(a) A person previously committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities may petition the Board of Juvenile Hearings for an honorable discharge upon his or her completion of local probation supervision following discharge, but not sooner than 18 months following the date of discharge, by the board.(b)
(c)
SEC. 33.
Chapter 5 (commencing with Section 1450) is added to Part 1 of Division 2 of the Welfare and Institutions Code, to read:CHAPTER 5. Youth Reinvestment Grant Program
Article 1. General Provisions
1450.
(a) There is hereby established the Youth Reinvestment Grant Program within the Board of State and Community Corrections to grant funds pursuant to this chapter, upon an appropriation of funds for the purposes described in this chapter.1451.
For purposes of this chapter, the following definitions apply:Article 2. Trauma-Informed Diversion Programs for Indian Children
1452.
For purposes of this article, “Indian child” and “Indian tribe” shall have the same meaning as provided in Section 224.1.1453.
(a) The board shall allocate 3 percent of funds for the Youth Reinvestment Grant Program, upon appropriation of funds pursuant to Section 1450, to Indian tribes through an application process for the purpose of implementing diversion programs for Indian children that use trauma-informed, community-based, and health-based interventions.Article 3. Trauma-Informed Diversion Programs for Minors
1454.
(a) The board shall allocate 94 percent of funds for the Youth Reinvestment Grant Program, upon appropriation of funds pursuant to Section 1450, to local jurisdictions, including a county, city, or city and county, through a competitive grant process for the purpose of implementing trauma-informed diversion programs for minors.1455.
(a) The board shall be responsible for administration oversight and accountability of the grant program under this article, in coordination with the California Health and Human Services Agency and the State Department of Education.SEC. 34.
Section 1731.5 of the Welfare and Institutions Code 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:SEC. 35.
Section 1731.7 is added to the Welfare and Institutions Code, to read:1731.7.
(a) The Department of Corrections and Rehabilitation, Division of Juvenile Facilities shall establish and operate a seven-year pilot program for transition-aged youth. Commencing on or after January 1, 2019, the program shall divert a limited number of transition-aged youth from adult prison to a juvenile facility in order to provide developmentally appropriate, rehabilitative programming designed for transition-aged youth with the goal of improving their outcomes and reducing recidivism.SEC. 36.
Section 1769 of the Welfare and Institutions Code is amended to read:1769.
(a)(d)
SEC. 37.
Section 1771 of the Welfare and Institutions Code is amended to read:1771.
(a)(c)
SEC. 38.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 39.
There is hereby appropriated the sum of one million eight hundred fifty-three thousand dollars ($1,853,000) from the General Fund to the Department of Corrections and Rehabilitation to provide funding for the Corcoran Levee Assessment.SEC. 40.
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.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.