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AB-1331 Criminal justice data.(2019-2020)

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Date Published: 05/17/2019 04:00 AM
AB1331:v97#DOCUMENT

Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1331


Introduced by Assembly Member Bonta

February 22, 2019


An act to amend, repeal, and add Section 13150 of the Penal Code, relating to criminal justice data.


LEGISLATIVE COUNSEL'S DIGEST


AB 1331, as amended, Bonta. Criminal justice data.
Existing law requires criminal justice agencies to compile records and data, including a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release, about criminal offenders. Existing law requires agencies to report this information to the Department of Justice for each arrest made, and requires the superior court that disposes of a case for which that information was reported to ensure that a disposition report of that case is reported to the department.
This bill, beginning January 1, 2021, would require various entities, including local and state law enforcement agencies and courts, to report specified information to the Department of Justice. By increasing duties on local criminal justice agencies, this bill would create a state-mandated local program. The bill would require the Department of Justice to, among other things, make that data comparable, machine readable, and available to the public with identifying information removed. The bill would require the department, on and after January 1, 2022, to annually send a report to the Legislature documenting which entities are reporting the data required by its provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 13150 of the Penal Code is amended to read:

13150.
 (a) For each arrest made, the reporting agency shall report to the Department of Justice, concerning each arrest, the applicable identification and arrest data described in Section 13125 and fingerprints, except as otherwise provided by law or as prescribed by the Department of Justice.
(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.

 Section 13150 is added to the Penal Code, to read:

13150.
 (a) For each arrest made, the reporting agency shall report electronically, on a weekly basis, to the Department of Justice, concerning each arrest, the following information:
(1) The following information about the person:
(A) Name, aliases, and monikers.
(B) Race.
(C) Sex.
(D) Date of birth.
(E) Place of birth, by either state or country.
(F) Height.
(G) Weight.
(H) Hair color.
(I) Eye color.
(J) CII number.
(K) FBI number.
(L) Social security number.
(M) California operator’s license number.
(N) Fingerprint classification number, in both the Henry and NCIC systems.
(O) Address.
(P) Arresting agency.
(Q) Booking number.
(R) Date of arrest.
(S) Offenses charged, in the form of both statutes violated and descriptions of the offense.
(T) Police disposition, whether they were released, cited and released, turned over to another entity, or a complaint was filed.
(2) For each felony or misdemeanor arrest, the incident report number.
(3) For each misdemeanor or infraction citation, the citation number.
(4) The date each charge was referred to a prosecutor, if applicable.
(b) The superior court, court shall report electronically, on a weekly basis, to the department, the following information:
(1) For each person in a case arising from an arrest reported pursuant to subdivision (a) or for whom fingerprints were taken and submitted to the Department of Justice by order of the court:
(A) Name, aliases, and monikers.
(B) Race.
(C) Sex.
(D) Date of birth.
(E) CII number.
(F) Date the complaint against the person was filed.
(G) Original offenses charged in a complaint or citation against the person.
(H) Whether the person was held to answer the complaint.
(I) What the certified plea of the person was.
(J) The disposition of the case against the person, whether the person was not convicted, the case was dismissed, the person was acquitted by a court trial, the person was acquitted by a jury trial, the person was convicted by a court trial, the person was acquitted by a jury trial, or the person pled.
(K) The date of the disposition of the case against the person.
(L) The offenses for which the person was convicted.
(M) The sentence of the person.
(N) Any sentence enhancements the person received.
(O) If the proceedings against the person were suspended and, if so, for what reason.

(2)For each offense charged in a complaint or citation and for each convicted offense:

(A)The charge number.

(B)The charge description.

(C)The charge statute.

(D)The charge type.

(E)The charge class severity.

(3)

(2) For each case filing:
(A) The docket number.
(B) Whether the defense attorney was a public defender, court appointed court-appointed counsel, or contract attorney.
(C) A disposition of deferred entry of judgment, if applicable, and the date of the disposition.

(D)The following information on bail, bond, or release on own recognizance:

(i)Whether the release was on own recognizance, bail, or another form of release.

(ii)The cash bail or bond amount.

(iii)Booking date and reason for that booking.

(iv)The date the defendant was released on bail, bond, or own recognizance.

(v)Bail, bond, or release on own recognizance revocation, and if that revocation was for a new offense, a failure to appear, or a violation of the terms of bail, bond, or own recognizance.

(4)

(3) For each sentence:
(A) The date of sentencing.
(B) The sentence type, length, and condition.
(C) Any time credit for time served, and the length of that credit.

(D)The amount of court fees.

(E)The court fees payments that have currently been made.

(F)The amount of any fines.

(G)The fine payments that have currently been made.

(H)The restitution order amount, the amount collected, and the amount paid to the victim.

(c)Each district attorney shall report electronically, on a weekly basis, to the department, the following information:

(1)For each case screened or filed, the following information about the person against whom the case is screened or filed:

(A)Name.

(B)Race.

(C)Sex.

(D)Date of birth.

(E)CII number.

(2)For each case screened:

(A)The incident report number.

(B)The charge referral date.

(C)Whether the referral was initiated by an arrest, the issuing of a warrant, or a citation.

(D)For each charge referred:

(i)A description of the charges.

(ii)The statute under which the person was charged.

(iii)The type of charge.

(iv)The severity of the charge.

(v)The charge screening decision date.

(vi)Whether the prosecutor declined to prosecute, filed charges, or agreed to a prefiling diversion program.

(3)For each case filed:

(A)The docket number.

(B)The date the complaint was filed.

(C)For each charge filed:

(i)A description of the charges.

(ii)The statute under which the person was charged.

(iii)The type of charge.

(iv)The severity of the charge.

(D)If the defendant entered a pretrial diversion or deferred prosecution agreement, the date of the agreement and the outcome.

(E)The following victim information, if the victim was a human victim of a crime of violence:

(i)The race and ethnicity of the victim.

(ii)The gender of the victim.

(iii)The date of birth of the victim.

(d)For each person detained, the administrator of each county’s detention facility shall report electronically, on a weekly basis, to the department, all of the following information:

(A)Name, aliases, and monikers.

(B)Race.

(C)Sex.

(D)Date of birth.

(E)Place of birth, by either state or country.

(F)Height.

(G)Weight.

(H)Hair color.

(I)Eye color.

(J)CII number.

(K)FBI number.

(L)Social security number.

(M)California operator’s license number.

(N)Fingerprint classification number, in both the Henry and NCIC systems.

(O)Address.

(P)Arresting agency.

(Q)Booking number.

(R)Date of arrest.

(S)Offenses charged, in the form of both statutes violated and descriptions of the offense.

(T)Date received.

(U)Date released.

(V)Reason for release, including whether it was on bail, on their own recognizance, or other forms of release.

(W)The offense for which the person was convicted.

(X)The sentence received by the person.

(Y)Any sentence enhancements received.

(e)For each probationer under their jurisdiction, the chief of probation in each count shall report electronically, on a weekly basis at minimum, to the department, the following information:

(1)Name.

(2)Race.

(3)Sex.

(4)Date of birth.

(5)CII number.

(6)Docket number.

(7)The offense for which the person was convicted.

(8)The date the person was put on probation.

(9)The date the person was removed from probation.

(10)The reason the person was removed from probation.

(11)The length of the probation sentence imposed.

(12)The length of probation served.

(13)If the probation is revoked, the date and whether the revocation was for a technical violation or a new offense.

(f)The probation chief in each county shall also update, on a daily basis, the supervised release file that is available to law enforcement on the California Law Enforcement Telecommunication System, for all persons actively under their supervision, including county probation, postrelease community supervision, and mandatory supervision.

(g)For each person in its custody, the Department of Corrections and Rehabilitation shall report, on a weekly basis, to the Department of Justice, the following information:

(1)Name, aliases, and monikers.

(2)Race.

(3)Sex.

(4)Date of birth.

(5)Place of birth, by either state or country.

(6)Height.

(7)Weight.

(8)Hair color.

(9)Eye color.

(10)CII number.

(11)FBI number.

(12)Social security number.

(13)California operator’s license number.

(14)Fingerprint classification number, in both the Henry and NCIC systems.

(15)Address.

(16)County.

(17)Docket number.

(18)Department of Corrections and Rehabilitation number.

(19)Date received.

(20)The offense for which the person was convicted.

(21)Whether the person was last received for an original commitment or a violation of parole.

(22)The date the person was released.

(23)The type of release.

(h)The Board of Parole Hearings shall report the following data elements, electronically, to the Department of Justice for all individuals who are eligible for parole suitability hearings pursuant to Section 3041 before the board, who have reached their minimum eligible parole date or their youth parole eligibility date:

(1)Name.

(2)Race.

(3)Sex.

(4)Date of birth.

(5)CII number.

(6)Conviction date of the controlling offense.

(7)The date of the most recent scheduled parole suitability hearing.

(8)Result of the most recent scheduled parole suitability hearing, such as suitable, unsuitable, waiver, stipulation, postponement, or cancellation.

(9)The person’s minimum eligible parole date.

(10)The individual’s youth parole eligibility date.

(11)If found suitable for parole, individual’s release date.

(12)If found unsuitable for parole, the length of time until the individual’s next parole hearing.

(i)For all data received pursuant to this section, the Department of Justice shall do all of the following:

(1)Use the CII number to merge person level data, and the incident report and docket numbers to merge case level data, when populating the Automated Criminal History System database for criminal records.

(2)Determine, by regulation, how the data is compiled, processed, structured, used, and shared.

(3)Make all data received pursuant to this section comparable, machine readable, transferable, and readily usable.

(4)Make the database created pursuant to this subdivision available to the public, with identifying information removed, without any licenses or fees.

(5)Make data received pursuant to this section available to eligible public agencies and bona fide researchers, pursuant to Section 13202.

(j)The department shall provide technical assistance to entities reporting information pursuant to this section, including the creation of data taxonomy and the establishment and publication of data collection standards, to assist those entities in building and sharing that information in a consistent manner.

(k)(1)On and after January 1, 2022, the department shall annually send a report to the Legislature containing which entities, by county, are reporting the data elements required by this section.

(2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(l)

(c) This section shall become operative on January 1, 2021.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.