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SB-163 Bail: pretrial release.(2015-2016)

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SB163:v95#DOCUMENT

Amended  IN  Assembly  August 18, 2016
Amended  IN  Assembly  June 08, 2016
Amended  IN  Assembly  September 03, 2015
Amended  IN  Senate  June 02, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 163


Introduced by Senator Hertzberg

February 04, 2015


An act to add Section 13557.5 to the Water Code, relating to water. 1271.5 to the Penal Code, relating to bail.


LEGISLATIVE COUNSEL'S DIGEST


SB 163, as amended, Hertzberg. Wastewater treatment: recycled water. Bail: pretrial release.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance.
This bill would require, notwithstanding any other law, and upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate to hold a specified hearing and take one of several actions, including, among others, releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond, unless the court or magistrate determines that release pursuant to that provision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. The bill would also require the court or magistrate, if the court determines that releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond will not reasonably assure his or her appearance as required or will endanger the safety of any other person or the community, to order the pretrial release of the person subject to specified conditions. If the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except as otherwise specified. The bill would require the court or magistrate to order the detention of the person for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state or local law enforcement official, if the court or magistrate determines the person may flee or pose a danger to any other person or the community and the person is, and was at the time the offense was committed, released pending trial, released pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on conditional release, probation, postrelease community supervision, or parole.

The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law declares that the use of potable domestic water for certain nonpotable uses is a waste or an unreasonable use of water if recycled water is available, as determined by the State Water Resources Control Board, and other requirements are met.

Under existing law, the state board and the 9 California regional water quality control boards prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

This bill would declare that, except in compliance with the bill’s provisions, it is a waste and unreasonable use of water to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available for certain purposes. The bill would require the state board to promulgate regulations, on or before January 1, 2020, that would require each NPDES permitholder, on or before January 1, 2023, to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. The bill would require these regulations to require, on or before January 1, 2033, the beneficial reuse of at least 50% of treated wastewater that the NPDES permitholder would otherwise discharge though ocean or bay outfalls relative to the inflow to the treatment plant. The bill would require the regulations to provide operational and compliance flexibility, as specified. The bill would authorize the state board to convene an advisory group and to consider any other recommendations or testimony provided during the regulation adoption process. The bill would authorize the state board to adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1271.5 is added to the Penal Code, to read:

1271.5.
 (a) Notwithstanding any other law, upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate shall hold the hearing described in subdivision (f) and order that, pending trial, the person be one of the following:
(1) Released on his or her own recognizance or upon execution of an unsecured appearance bond, pursuant to subdivision (b).
(2) Released on a condition or combination of conditions, pursuant to subdivision (c).
(3) Temporarily detained to permit revocation of conditional release, probation, parole, or postrelease community supervision pursuant to subdivision (d).
(4) Detained pursuant to subdivision (e).
(b) The court or magistrate shall order the pretrial release of the person on his or her own recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a federal, state, or local crime during the period of release unless, after a hearing held pursuant to subdivision (f), the court or magistrate determines that release pursuant to this subdivision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.
(c) (1) If, after a hearing held pursuant to subdivision (f), the court or magistrate determines that the release described in subdivision (b) will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, the court or magistrate shall order the pretrial release of the person subject to both of the following:
(A) The condition that the person not commit a federal, state, or local crime during the period of release.
(B) The least restrictive and reasonable additional condition, or combination of conditions, that the court or magistrate determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person do any of the following:
(i) Remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court or magistrate, if the designated person is able reasonably to assure the court or magistrate that the person charged with a criminal offense will appear as required and will not pose a danger to the safety of any other person or the community.
(ii) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, maintain employment, or, if unemployed, actively seek employment.
(iii) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, maintain or commence an educational program.
(iv) Abide by specified restrictions on personal associations, place of abode, or travel.
(v) Avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense.
(vi) Report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency.
(vii) Comply with a specified curfew.
(viii) Refrain from possessing a firearm, destructive device, or other dangerous weapon.
(ix) Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in Section 11007 of the Health and Safety Code, without a prescription by a licensed medical practitioner.
(x) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose.
(xi) Execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required.
(xii) Execute a bail bond with solvent sureties, who will execute an agreement to forfeit in an amount reasonably necessary to assure appearance of the person as required. In determining the amount required, the court or magistrate shall consider the person’s ability to pay.
(xiii) Return to custody for specified hours following release for employment, schooling, or other limited purposes.
(xiv) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.
(2) In a case in which the defendant is charged with sexual assault, as defined in paragraph (3) of subdivision (b) of Section 13750, of a minor or failure to register pursuant to Section 290, release pursuant to this subdivision shall contain, at a minimum, a condition of electronic monitoring and the conditions specified in clauses (iv), (v), (vi), (vii), and (viii) of subparagraph (B) of paragraph (1), if the imposition of those conditions is reasonable and necessary to protect public safety in that case.
(3) The court or magistrate shall not impose a financial condition to secure the pretrial detention of the person unless that condition is required to assure the appearance of the person pursuant to clause (xi) or (xii) of subparagraph (B) of paragraph (1).
(4) The court or magistrate may, at any time, amend the order to release a person pursuant to this subdivision to impose additional or different conditions.
(d) (1) The court or magistrate shall order the detention of the person, for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state, or local law enforcement official, if the court or magistrate determines both of the following:
(A) The person is, and was at the time the offense was committed, on any of the following:
(i) Release pending trial for a felony under federal, state, or local law.
(ii) Release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal, state, or local law.
(iii) Conditional release, probation, postrelease community supervision, or parole for any offense under federal, state, or local law.
(B) The person may flee or pose a danger to any other person or the community.
(2) If the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with the other provisions of this section.
(e) If, after a hearing pursuant to subdivision (f), the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except in cases in which bail is required pursuant to Section 12 or paragraph (3) of subdivision (f) of Section 28 of Article I of the California Constitution, in which case the court or magistrate shall set bail in accordance with other provisions of this chapter.
(f) (1) The court or magistrate shall hold a hearing to determine if release on his or her own recognizance, release upon execution of an unsecured appearance bond, or release with any condition or combination of conditions described in paragraph (1) of subdivision (c) will reasonably assure the appearance of such person as required and the safety of any other person and the community.
(2) (A) The hearing shall be held immediately upon the person’s first appearance before the court or magistrate unless the person, or the district attorney, seeks a continuance.
(B) A continuance on motion of the district attorney shall not exceed three court days.
(3) At the hearing, the person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed.
(4) The facts the court or magistrate uses to support a finding described in subdivision (e) shall be stated on the record.
(5) The hearing may be reopened, before or after a determination by the court or magistrate, at any time before trial if the court or magistrate finds that information exists that was not known to the movant at the time of the hearing and that information has a material bearing on the issue whether there is a condition or combination of conditions that will reasonably assure the appearance of such person as required and the safety of any other person and the community.
(g) Notwithstanding any other law, the court or magistrate shall, in determining whether there is a condition or combination of conditions that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning all of the following:
(1) The nature and circumstances of the offense charged, including, but not limited to, whether the offense is a crime of violence or involved a minor victim or a controlled substance, firearm, explosive, or destructive device.
(2) The weight of the evidence against the person.
(3) The history and characteristics of the person, including both the following:
(A) The person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings.
(B) Whether, at the time of the current offense or arrest, the person was on probation, postrelease community supervision, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law.
(4) The nature and seriousness of the danger to any person or the community that would be posed by the person’s release.
(h) An order issued pursuant to subdivision (b) or (c) shall include a written statement that sets forth all the conditions to which the person is subject, in a manner sufficiently clear and specific to serve as a guide for the person’s conduct and all of the following advisements:
(1) The penalties for violating a condition imposed in the order, including the penalties for committing an offense while released prior to trial.
(2) The consequences of violating a condition imposed in the order, including the immediate issuance of a warrant for the person’s arrest.
(3) Applicable penalties relating to intimidation of witnesses, jurors, and officers of the court, obstruction of criminal investigations, tampering with a witness, victim, or an informant, and retaliating against a witness, victim, or an informant.
(i) A detention order issued pursuant to subdivision (e) shall include written findings of fact and a written statement of the reasons for the detention, direct that the person be committed to a county jail separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal, and direct that the person be afforded reasonable opportunity for private consultation with counsel.
(j) For purposes of this section, “unsecured appearance bond” means an order to release a person upon his or her promise to appear in court and his or her unsecured promise to pay an amount of money, specified by the court using its discretion, if he or she fails to appear as promised.

SECTION 1.Section 13557.5 is added to the Water Code, to read:
13557.5.

(a)The Legislature hereby finds and declares that, except in compliance with the provisions of this section, it is a waste and unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available to the supplier or district for groundwater recharge, surface water augmentation, or landscape irrigation.

(b)On or before January 1, 2020, the state board shall promulgate regulations to require both of the following:

(1)On or before January 1, 2023, each holder of an NPDES permit to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls.

(2)On or before January 1, 2033, the beneficial reuse of at least 50 percent of treated wastewater that the NPDES permitholder would otherwise discharge through ocean or bay outfalls relative to the inflow to the treatment plant.

(c)The regulations promulgated pursuant to subdivision (b) shall provide operational and compliance flexibility in the event of an emergency, scheduled maintenance or repairs, extreme weather events, or any other factor that the board determines warrants consideration.

(d)In developing the regulations pursuant to subdivision (b), the state board may convene an advisory group for the purpose of preparing a report or recommendations to the state board about how to implement this section and the state board may consider any other recommendations or testimony provided during the regulation adoption process.

(e)Consistent with Section 3 of Article XIII A of the California Constitution, the state board may adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering this section.