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SB-85 Public safety.(2015-2016)

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SB85:v96#DOCUMENT

Senate Bill No. 85
CHAPTER 26

An act to amend Section 135 of the Code of Civil Procedure, to amend Sections 30029.05, 30061, 70602.6, 70616, 70617, 70657, and 70677 of the Government Code, to amend Sections 1230, 1231, 1232, 1233.1, 1233.3, 1233.5, 1233.6, 1233.61, 1233.9, 1233.10, 1369.1, 1370, 6402, and 13602.1 of, to amend and repeal Section 13602 of, to amend, repeal, and add Sections 13600, 13601, and 13603 of, to add 1370.6 to, to repeal Sections 1233, 1233.15, and 1233.2 of, and to repeal and add Section 1233.4 of, the Penal Code, to add Section 42008.8 to the Vehicle Code, to amend Sections 4117 and 4143 of, and to add Sections 3313, 4023.6, 4023.7, and 4023.8 to, the Welfare and Institutions Code, to amend the Budget Act of 2014 (Chapter 25 of the Statutes of 2014) by amending Item 0250-101-3259 of, and to add Item 5227-491 to, Section 2.00 of that act, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget.

[ Approved by Governor  June 24, 2015. Filed with Secretary of State  June 24, 2015. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 85, Committee on Budget and Fiscal Review. Public safety.
(1) Existing law establishes the Department of the California Highway Patrol, which is under the control of a civil executive officer, known as the Commissioner of the California Highway Patrol. Under existing law, the commissioner is required to, among other things, enforce all laws regulating the operation of vehicles and the use of the highways, except as provided.
This bill would require, on or before January 1, 2016, the department to develop a plan for implementing a body-worn camera pilot program. The bill would require that plan to examine, among other things, the minimum specifications for body-worn cameras to be utilized in a body-worn camera program, best practices for officer review of recorded body-worn camera data, and best practices for sharing recorded body-worn camera data internally and externally.
(2) Existing law designates official state holidays, including Native American Day. Existing law makes those state holidays, with certain exceptions, judicial holidays.
This bill would additionally exclude Native American Day from the list of judicial holidays.
(3) Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that its funds be allocated exclusively for public safety services, as defined. Existing law creates the Enhancing Law Enforcement Activities Subaccount in that fund and further creates the Enhancing Law Enforcement Activities Growth Special Account in that subaccount.
Existing law requires each county to establish in the county treasury various corresponding subaccounts and special accounts for the receipt of funds allocated to a county for specified local law enforcement purposes.
Existing law allocates specified funds on August 25 of each year from the Enhancing Law Enforcement Activities Growth Special Account to the corresponding subaccount at the county level, including the following: 27.08% for purposes that include jail construction and operation and criminal prosecution; 27.08% to implement multiagency juvenile justice plans; and 7.44% to counties that operate juvenile camps and ranches, based on the number of beds in each camp. Existing law allocates these funds to counties pursuant to a schedule provided by the Department of Finance for these purposes.
This bill would delete the requirement that the funds be allocated on August 25 of each year and would make other technical changes.
(4) Existing law establishes in each county treasury a Supplemental Law Enforcement Services Account (SLESA) and requires the county auditor to allocate moneys in the SLESA in a prescribed manner to counties and cities located within the county for the purpose of funding specified public safety programs. Existing law requires a local agency that receives SLESA moneys to expend or encumber those moneys no later than June 30 of the fiscal year following receipt. Existing law requires a local agency that does not meet that requirement to remit unspent SLESA moneys for deposit in the County Enhancing Law Enforcement Activities Subaccount.
This bill would, beginning July 1, 2015, eliminate the deadline for a local agency to expend or encumber SLESA moneys. This bill would require the county auditor to redirect unspent SLESA moneys that were remitted after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount to the agency that remitted the moneys, as specified.
(5) Existing law, until July 1, 2015, imposes a supplemental fee of $40 for filing first papers in certain civil proceedings, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2013–14 fiscal year.
This bill would extend the operation of the supplemental fee until July 1, 2018.
(6) Existing law, until July 1, 2015, requires a $1,000 fee to be paid on behalf of all plaintiffs, and by each defendant, intervenor, respondent, or adverse party to a civil action that is designated or determined to be a complex case. On and after July 1, 2015, existing law requires a fee of $550 to be paid under those circumstances. Existing law, until July 1, 2015, imposes a limitation of $18,000 on the total amount of complex fees collected from all defendants, intervenors, respondents, or other adverse parties appearing in a complex case. On and after July 1, 2015, existing law imposes a limitation of $10,000 on the amount of the fee required to be paid in those circumstances.
This bill would extend the operation of the $1,000 complex case fee and the $18,000 total fee limitation to July 1, 2018, thereby extending that higher fee rate and limitation by 3 years.
(7) Under existing law, the uniform fee for filing any specified motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is $60 until July 1, 2015, at which time that fee is reduced to $40.
This bill would extend the operation of the $60 filing fee to July 1, 2018, thereby extending that higher fee by 3 years.
(8) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a 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 specified other entities, to calculate a baseline probation failure rate, which is the average number of adult felony probationers sent to state prison during the 2006 to 2008 calendar years, as a percentage of the weighted average of the population of adult felony probationers during the same period. Existing law requires the Director of Finance, in consultation with those entities, to calculate, on a yearly basis, a statewide probation failure rate, and a probation rate for each county, based on the percentage of adult felony probationers sent to state prison or to a county jail as a percentage of the average statewide or county adult felony probation population, respectively, as specified. Existing law requires the Director of Finance, in consultation with those entities, to estimate the number of adult felony probationers each county successfully prevented from being incarcerated, based on each county’s probation failure rate and the county’s baseline probation failure rate, taking into account specified changes in each county’s adult felony probation caseload, as specified.
This bill would recast those requirements to eliminate the requirement that the director calculate a baseline probation failure rate. The bill would require the director to calculate the statewide probation failure rate and the probation failure rate for a county based only on the total number of adult felony probationers sent to state prison. The bill would require the director to estimate the number of adult felony probationers, felons on mandatory supervision, and felons on postrelease community supervision successfully prevented from being incarcerated in state prison, based only on a county’s probation failure rate, mandatory supervision failure rate, and postrelease community supervision failure rate. The bill would also require the director to calculate a combined statewide return to prison rate and a combined individual county return to prison rate, as specified.
(9) Existing law requires the Director of Finance, in consultation with specified other entities, to develop a revised formula for performance incentive funding related to the act that takes into account changes to the eligibility of some felony probationers for revocation to the state prison that results from implementation of the 2011 Public Safety Realignment, for the purpose of providing incentive funding for a county probation department that is successful in reducing postrelease community supervision and mandatory supervision failure rates. Existing law requires the director and those entities to calculate a probation failure reduction incentive payment under a tier-based system based on a county’s probation failure rate, as specified.
This bill would eliminate the tier-based system described above and would recast the calculation of the probation failure reduction incentive payment as a statewide performance payment that is calculated as a specified percentage of the highest year of funding that a county received from the California Community Corrections Performance Incentives Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive. The bill would provide that the percentage used to calculate the statewide performance incentive payment for a county shall be based on that county’s return to prison rate, as specified.
(10) Existing law requires the Director of Finance, in consultation with specified other entities, to calculate a high performance grant payment, as specified, for the purpose of providing performance-based funding for a county that demonstrates a high success rate with reducing recidivism among adult felony probationers.
This bill would eliminate the high performance grant payment described above, and would instead require the director to calculate a yearly county performance incentive payment that is based on the estimated number of felons on probation, subject to mandatory supervision, and subject to postrelease community supervision that were successfully prevented from being incarcerated in state prison, multiplied by 35% of the cost to incarcerate a felony prison offender in a contract prison facility.
(11) Existing law requires the Department of Finance to distribute the moneys remaining in the State Community Corrections Performance Incentives Fund after the calculation and award of the probation failure reduction incentive payments and high performance grant payments described above to qualifying counties.
This bill would eliminate the requirement of distribution of those moneys, and instead require the Department of Finance to increase to a total of no more than $200,000 the award of a county’s statewide performance incentive payment and county performance incentive payment if that county’s payment totals less than $200,000. The bill would further require the Department of Finance to adjust the award amount, up to $200,000 per county, to counties that did not receive a statewide performance incentive payment and county performance incentive payment. By increasing the amount of funds that a county may receive from the continuously appropriated State Community Corrections Performance Incentives Fund, the bill would make an appropriation. The bill would require counties to provide specified information to the Judicial Council in order to receive these increases in award amounts.
(12) Existing law requires the Administrative Office of the Courts, in consultation with specified other entities, to provide a quarterly statistical report to the Department of Finance that includes specified information, including the number of felons who had their postrelease community supervision revoked and were sent to a county jail for that revocation.
This bill would instead require the Judicial Council to provide the quarterly statistical information. The bill would provide that the information related to felons on postrelease community supervision who had their postrelease community supervision revoked and were sent to a county jail shall not include felons who are subject to flash incarceration, as specified.
(13) Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law creates the Recidivism Reduction Fund in the State Treasury to be available upon appropriation by the Legislature for activities designed to reduce the state’s prison population, and authorizes funds available in the Recidivism Reduction Fund to be transferred to the State Community Corrections Performance Incentives Fund.
Existing law, upon agreement to accept funding from the Recidivism Reduction Fund, requires a county board of supervisors, in collaboration with the county’s Community Corrections Partnership, to develop, administer, and collect and submit data to the Board of State and Community Corrections regarding a competitive grant program intended to fund community recidivism and crime reduction services, including, but not limited to, delinquency prevention, homelessness prevention, and reentry services. Existing law requires the funding to be allocated to counties from the Budget Act of 2014 by the State Controller’s Office according to a specified allocation schedule. Existing law requires that any funds not encumbered with a community recidivism and crime reduction service provider one year after allocation of grant funds to counties immediately revert to the state General Fund.
This bill would enact a revised schedule allocating funds to counties from the Budget Act of 2015 that would reduce each allocation by 50%. The bill would also delete the requirement that any funds not encumbered with a community recidivism and crime reduction service provider one year after allocation of grant funds to counties immediately revert to the state General Fund. The bill would require any funds in the Recidivism Reduction Fund that are not encumbered by June 30, 2016, to revert to the General Fund upon order of the Department of Justice. The bill would also abolish the Recidivism Reduction Fund once all funds encumbered in the fund are liquidated.
(14) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law requires that the court order the defendant to be delivered to a treatment facility, and, until January 1, 2016, defines “treatment facility” to include a county jail for these purposes. Existing law, until January 1, 2016, authorizes certain medications to be provided to a defendant in a county jail if he or she is mentally incompetent and unable to provide informed consent due to a mental disorder. Existing law, until January 1, 2016, limits to 6 months the maximum period of time a defendant may be treated in a treatment facility.
This bill would delete that January 1, 2016, repeal date, thereby extending the operation of these provisions indefinitely.
(15) If a mentally incompetent defendant is sent to a county jail for treatment, existing law requires the State Department of State Hospitals to provide treatment at the county jail treatment facility and to reimburse the county jail treatment facility for the reasonable cost of the bed during treatment.
This bill would, upon approval by the State Department of State Hospitals and an appropriation in the Budget Act, authorize the county jail treatment facility to provide restoration of competency services and would allow the department to reimburse the county for these services and the reasonable costs of any necessary medical treatment not provided within the county jail treatment facility. This bill would, if the county jail is used as a treatment facility, require the county to provide for transportation of the defendant to the county jail treatment facility unless otherwise agreed to by the State Department of State Hospitals and the facility. This bill would require the State Department of State Hospitals and a county jail treatment facility, if found to be comparatively at fault for any claim, action, loss, or damage which results from their obligations, to indemnify the other to the extent of their comparative fault.
(16) Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law requires the department to develop policies related to contraband interdiction efforts for individuals entering department facilities.
This bill would require those policies to ensure visitors are informed further potential search or visitation options and to consider the use of full-body scanners. The bill would further require that the department, after 2 years of implementation of the policies it creates pursuant to this bill, conduct an evaluation of the policy.
(17) Existing law establishes the Commission on Correction Peace Officer Standards and Training (the CPOST) within the Department of Corrections and Rehabilitation. Existing law requires the executive board of the CPOST to be comprised of 6 voting members, 3 appointed by the department and 3 appointed by the Governor. Existing law requires that one of the department’s appointees represent the Division of Juvenile Facilities. Existing law requires each appointing authority to appoint an alternate for each regular member it appoints, and requires the alternate to possess the same qualifications as the regular member and to substitute for, and vote in place of, the regular member whenever he or she is absent. Existing law requires the CPOST to appoint an executive director.
This bill would instead, commencing July 1, 2015, require that one of the department’s appointees represent the Division of Juvenile Justice or the Division of Rehabilitative Programs within the department. The bill would instead require alternate members to possess the same qualifications as a regular member and to substitute for, and vote in place of, a regular member who was appointed by the same appointing authority whenever that regular member is absent. The bill would delete the requirement that the CPOST appoint an executive director. The bill would require the CPOST executive board to seek advice from national experts, including university and college institutions and correctional associations, on issues pertaining to adult corrections, juvenile justice, and the training of the Department of Corrections and Rehabilitation staff that are relevant to its mission.
(18) Existing law, until January 1, 2017, allows the Department of Corrections and Rehabilitation to use a training academy established for the California City Correctional Center.
This bill would extend that provision indefinitely.
(19) Existing law requires the Department of Corrections and Rehabilitation to provide 16 weeks of training to each correctional peace officer cadet prior to his or her assignment to a post or position as a correctional peace officer. If an agreement is reached between the department and the bargaining unit for the correction peace officers, existing law allows the department, with the approval of the CPOST, to have cadets sworn in as correctional peace officers upon completion of 12 weeks of training and complete the final 4 weeks of training at the institution where the cadet is assigned to a post or position.
This bill would, commencing July 1, 2015, require the department to instead provide 480 hours of training to each correctional peace officer cadet. The bill would require the CPOST to determine the on-the-job training requirements for correctional peace officers.
(20) Existing law requires a county to establish a one-time amnesty program for fines and bail due on or before January 1, 2009, for certain infraction or misdemeanor violations of the Vehicle Code and the Penal Code. Existing law allows a person owing a fine or bail that was eligible for amnesty under this program to pay to the superior or juvenile court 50% of the total fine or bail, as defined, which is required to be accepted by the court in full satisfaction of the delinquent fine or bail. Under existing law, the amnesty program was required to accept these payments from January 1, 2012, until June 30, 2012.
This bill would require a county to establish a similar amnesty program for fines and bail initially due on or before January 1, 2013, to be conducted in accordance with guidelines adopted by the Judicial Council. The bill would require the program to accept payments between October 1, 2015, to March 31, 2017, inclusive, and would authorize a participant to receive an additional reduction in his or her repayment amount if the participant certifies, under penalty of perjury, that he or she receives specified public assistance programs or that his or her monthly income is 125% or less of the current poverty guidelines. By requiring each county to establish and operate an amnesty program, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would, following the transfer to the Judicial Council of the first $250,000 received, increase the percentage of specified penalties to be deposited in the Peace Officers’ Training Fund and the Corrections Training Fund, which are continuously appropriated funds. By increasing the amount of money deposited into continuously appropriated funds, this bill would make an appropriation.
(21) Existing law requires the Department of Corrections and Rehabilitation to close the California Rehabilitation Center located in Norco, California, no later than December 31, 2016, or 6 months after the construction of 3 Level II dorm facilities, whichever is earlier. Existing law suspends this requirement pending a review by the Department of Finance and the Department of Corrections and Rehabilitation that determines the facility can be closed.
This bill would require the Department of Finance and the Department of Corrections and Rehabilitation to release a report that provides an updated comprehensive plan for the state prison system, including a permanent solution to the decaying infrastructure of the California Rehabilitation Center. The bill would require the report to be submitted with the Governor’s 2016–17 Budget to the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, and the Joint Legislative Budget Committee.
(22) Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals. Existing law establishes the Office of Law Enforcement Support within the California Health and Human Services Agency for the purpose of improving and providing oversight of various law enforcement activities within the State Department of Developmental Services and the State Department of State Hospitals.
This bill would require the Office of Law Enforcement Support to investigate specified incidents at a developmental center or state hospital, including any incident that involves developmental center or state hospital law enforcement personnel and that meets certain criteria. The bill would also provide that the Office of Law Enforcement Support be responsible for contemporaneous oversight of specified investigations by the State Department of State Hospitals and the State Department of Developmental Service. The bill would require reports written upon completion of that review to be confidential.
The bill would require the Office of Law Enforcement Support to issue regular reports, no less than semiannually, summarizing the investigations it conducted and its oversight of investigations, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(23) Existing law generally requires the nontreatment costs of trials and hearings related to persons confined in a state hospital to be paid by the state to the county where the trial or hearing was had, except that existing law requires the county of commitment to pay these costs if the hearing is for an order seeking the involuntary treatment with psychotropic medication of a person confined in a state hospital as a condition of parole who is subject to an order for continued treatment beyond his or her period of parole.
This bill would additionally require the county of commitment to pay the county where the proceeding is held for the nontreatment costs associated with any hearing for an order seeking involuntary treatment with psychotropic medication of a person confined in a state hospital after being found not guilty by reason of insanity.
(24) Existing law establishes state hospitals for the care, treatment, and education of mentally disordered persons, which are under the jurisdiction of the State Department of State Hospitals. Commencing July 1, 2015, and subject to available funding, existing law authorizes the department to establish and maintain pilot enhanced treatment programs (ETPs), for the treatment of patients who are at high risk of most dangerous behavior, and when safe treatment is not possible in a standard treatment environment.
This bill would require the department, at least 60 days prior to implementing an ETP, to submit written draft policies and procedures that will guide the operation of the ETP, including, but not limited to, admittance criteria, staffing levels, services to be provided to patients, a transition planning process, and training requirements to the appropriate policy committees of the Legislature and to the Joint Legislative Budget Committee.
(25) Existing law, in the Budget Act of 2014, appropriates $15,000,000 for the establishment or ongoing operation and staffing of programs known to reduce recidivism and enhance public safety by means of a competitive grant program developed and administered by the Judicial Council. Existing law, the Budget Act of 2014, authorizes these funds to be expended until June 30, 2017, after which any unexpended funds revert to the General Fund.
This bill would allow these funds to be encumbered, in addition to being expended, until June 30, 2017, thereby making an appropriation.
(26) Existing law, in the Budget Act of 2014, appropriates $28,000,000 for local assistance to the Board of State and Community Corrections.
This bill would reappropriate these funds for the purposes specified in the above appropriation and make the funds available for encumbrance or expenditure until June 30, 2016, except that the bill would make the balance of a $900,000 appropriation to administer the mentally ill offender crime reduction grant available for encumbrance or expenditure until June 30, 2017, thereby making an appropriation.
(27) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(28) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(29) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) It is the intent of the Legislature to provide the Department of the California Highway Patrol with the latitude to conduct a body-worn camera program that informs future decisions regarding a department-wide body-worn camera program.
(b) On or before January 1, 2016, the California Highway Patrol shall develop a plan for implementing a body-worn camera pilot program. The pilot program shall explore, but not be limited to, all of the following:
(1) The types of officers that should be assigned or permitted to wear a body-worn camera and the circumstances under which the body-worn camera should be worn.
(2) The minimum specifications for body-worn cameras to be utilized in the body-worn camera program.
(3) The practicality of an officer using a privately owned body-worn camera while on duty.
(4) The best locations on the officer’s body where a body-worn camera should be worn.
(5) Best practices for officers notifying members of the public that the officer’s body-worn camera is recording.
(6) The identity of the individual responsible for uploading recorded body-worn camera data and images.
(7) The circumstances during which recorded body-worn camera data should be uploaded.
(8) Best practices for recorded body-worn camera data storage.
(9) Random reviews of recorded body-worn camera data for compliance with the pilot program and overall officer performance.
(10) Best practices on accessing recorded body-worn camera data for an officer’s personal use.
(11) Best practices for officer review of recorded body-worn camera data.
(12) Best practices for sharing recorded body-worn camera data internally.
(13) Best practices for sharing recorded body-worn camera data externally with the public and the news media.
(14) Body-worn camera usage training.
(15) A schedule for reviewing body-worn camera policies and protocols.

SEC. 2.

 Section 135 of the Code of Civil Procedure is amended to read:

135.
 Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving Day, is a judicial holiday, except September 9, known as “Admission Day,” the fourth Friday in September, known as “Native American Day,” and any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday. If a judicial holiday falls on a Saturday or a Sunday, the Judicial Council may designate an alternative day for observance of the holiday. Every Saturday and the day after Thanksgiving Day is a judicial holiday. Officers and employees of the courts shall observe only the judicial holidays established pursuant to this section.

SEC. 3.

 Section 30029.05 of the Government Code is amended to read:

30029.05.
 For purposes of this section, each fiscal year shall include cash received on August 16 to August 15, inclusive, of the following year. For the 2012–13 fiscal year, and for each fiscal year thereafter, the Controller shall allocate funds from the accounts in the Local Revenue Fund 2011 as follows:
(a) All of the funds allocated to the Mental Health Account from the Local Revenue Fund 2011 shall be allocated by the Controller on the 20th of each month to the Mental Health Subaccount of the Sales Tax Account in the Local Revenue Fund described in Section 17600 of the Welfare and Institutions Code.
(b) Funds allocated to the Trial Court Security Subaccount from the Local Revenue Fund 2011 shall be allocated by the Controller on the 27th of each month to the Trial Court Security Subaccount within each county’s or city and county’s County Local Revenue Fund 2011. The moneys allocated pursuant to this subdivision shall be used solely to provide security to the trial courts and shall not be used to pay for general county administrative expenses, including, but not limited to, the costs of administering the account. These funds shall be allocated as follows:
Alameda County4.4128%
Alpine County0.0025%
Amador County0.1141%
Butte County0.3818%
Calaveras County0.0711%
Colusa County0.0296%
Contra Costa County2.7405%
Del Norte County0.0662%
El Dorado County0.4896%
Fresno County2.9892%
Glenn County0.0950%
Humboldt County0.2275%
Imperial County0.2454%
Inyo County0.0736%
Kern County1.9901%
Kings County0.1907%
Lake County0.1012%
Lassen County0.0326%
Los Angeles County29.8019%
Madera County0.2624%
Marin County0.6103%
Mariposa County0.0402%
Mendocino County0.2709%
Merced County0.5739%
Modoc County0.0212%
Mono County0.0957%
Monterey County0.7669%
Napa County0.3259%
Nevada County0.1684%
Orange County8.6268%
Placer County0.7694%
Plumas County0.0772%
Riverside County3.2023%
Sacramento County5.1290%
San Benito County0.0777%
San Bernardino County5.2226%
San Diego County6.7499%
San Francisco County2.2669%
San Joaquin County1.7058%
San Luis Obispo County0.8299%
San Mateo County2.0628%
Santa Barbara County1.3638%
Santa Clara County6.0031%
Santa Cruz County0.6038%
Sierra County0.0055%
Siskiyou County0.1274%
Solano County1.1398%
Sonoma County1.4353%
Stanislaus County0.9300%
Sutter County0.1111%
Tehama County0.1139%
Tulare County1.1402%
Tuolumne County0.2059%
Ventura County2.2509%
Yolo County0.5491%
Yuba County0.1087%
(c) (1) Funds allocated to the Local Community Corrections Account and to its successor, the Community Corrections Subaccount, from the Local Revenue Fund 2011 shall constitute the creation of the grant program in accordance with Section 30026 and the appropriation to fund the Community Corrections Grant Program consistent with the provisions of Chapter 15 of the Statutes of 2011, and as identified in Section 636 of Chapter 15 of the Statutes of 2011. The funds from the Community Corrections Subaccount shall be allocated in the 2012–13 and 2013–14 fiscal years as follows:
Alameda County3.4667%
Alpine County0.0182%
Amador County0.1341%
Butte County0.6646%
Calaveras County0.0943%
Colusa County0.0513%
Contra Costa County2.2880%
Del Norte County0.0647%
El Dorado County0.3950%
Fresno County2.4658%
Glenn County0.0786%
Humboldt County0.3964%
Imperial County0.3709%
Inyo County0.0469%
Kern County2.7823%
Kings County0.7167%
Lake County0.2054%
Lassen County0.0923%
Los Angeles County31.7692%
Madera County0.4083%
Marin County0.5414%
Mariposa County0.0402%
Mendocino County0.2448%
Merced County0.6179%
Modoc County0.0198%
Mono County0.0343%
Monterey County0.9410%
Napa County0.2927%
Nevada County0.2100%
Orange County6.6797%
Placer County0.7340%
Plumas County0.0422%
Riverside County5.1232%
Sacramento County3.3308%
San Benito County0.1300%
San Bernardino County6.6254%
San Diego County7.0156%
San Francisco County2.0262%
San Joaquin County1.7534%
San Luis Obispo County0.6145%
San Mateo County1.5961%
Santa Barbara County0.9457%
Santa Clara County4.0037%
Santa Cruz County0.6139%
Shasta County0.7419%
Sierra County0.0182%
Siskiyou County0.1065%
Solano County1.0024%
Sonoma County1.0710%
Stanislaus County1.4525%
Sutter County0.2978%
Tehama County0.3032%
Trinity County0.0353%
Tulare County1.3899%
Tuolumne County0.1422%
Ventura County1.7880%
Yolo County0.7162%
Yuba County0.2487%
(2) Commencing with the 2014–15 fiscal year, funds allocated to the Community Corrections Subaccount from the Local Revenue Fund 2011 shall be allocated in monthly installments to the Community Corrections Subaccount held in each county’s or city and county’s County Local Revenue Fund 2011 pursuant to schedules developed by the Department of Finance in consultation with the California State Association of Counties.
(d) (1) For the 2012–13 and 2013–14 fiscal years, funds allocated by the Controller to the District Attorney and Public Defender Subaccount from the Local Revenue Fund 2011 shall be allocated in monthly installments to the District Attorney and Public Defender Subaccount held in each county’s or city and county’s County Local Revenue Fund 2011 as follows:
Alameda County2.7104%
Alpine County0.0180%
Amador County0.1476%
Butte County0.7549%
Calaveras County0.0951%
Colusa County0.0560%
Contra Costa County1.4172%
Del Norte County0.0595%
El Dorado County0.3453%
Fresno County2.4875%
Glenn County0.0883%
Humboldt County0.4231%
Imperial County0.3633%
Inyo County0.0497%
Kern County3.0187%
Kings County0.7926%
Lake County0.2247%
Lassen County0.1032%
Los Angeles County31.7692%
Madera County0.4643%
Marin County0.3873%
Mariposa County0.0425%
Mendocino County0.2726%
Merced County0.6905%
Modoc County0.0182%
Mono County0.0258%
Monterey County1.0637%
Napa County0.2931%
Nevada County0.1505%
Orange County6.5321%
Placer County0.8254%
Plumas County0.0399%
Riverside County5.8375%
Sacramento County3.6563%
San Benito County0.1481%
San Bernardino County7.1875%
San Diego County7.0735%
San Francisco County1.5002%
San Joaquin County1.8909%
San Luis Obispo County0.6169%
San Mateo County1.2412%
Santa Barbara County1.0721%
Santa Clara County3.6030%
Santa Cruz County0.4848%
Shasta County0.8271%
Sierra County0.2097%
Siskiyou County0.1198%
Solano County1.0620%
Sonoma County0.9317%
Stanislaus County1.6617%
Sutter County0.3221%
Tehama County0.3338%
Trinity County0.0368%
Tulare County1.5667%
Tuolumne County0.1622%
Ventura County1.6280%
Yolo County0.8202%
Yuba County0.2760%
(2) Commencing with the 2014–15 fiscal year, funds allocated to the District Attorney and Public Defender Subaccount from the Local Revenue Fund 2011 shall be allocated in monthly installments to the District Attorney and Public Defender Subaccount held in each county’s or city and county’s County Local Revenue Fund 2011 pursuant to schedules developed by the Department of Finance in consultation with the California State Association of Counties.
(e) Funds allocated to the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 shall be allocated in accordance with the following:
(1) Subdivision (d) of Section 29552.
(2) Subdivision (g) of Section 30061.
(3) Subdivision (a) of Section 30070.
(4) Subdivision (c) of Section 13821 of the Penal Code.
(5) Subdivision (b) of Section 18220 of the Welfare and Institutions Code.
(6) Subdivision (c) of Section 18220.1 of the Welfare and Institutions Code.
(f) Funds allocated to the Enhancing Law Enforcement Activities Growth Special Account in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 shall be allocated to the corresponding subaccount at the county level as follows:
(1) An amount equaling 38.40 percent shall be allocated to counties for the purposes of Section 18221 of the Welfare and Institutions Code. The Controller shall allocate these funds pursuant to the percentages provided in subdivision (c) of Section 18220 of the Welfare and Institutions Code.
(2) An amount equaling 27.08 percent shall be allocated to counties for the purposes specified in paragraphs (1) to (3), inclusive, of subdivision (b) of Section 30061. The Controller shall allocate these funds pursuant to the base allocation schedule provided by the Department of Finance for that fiscal year pursuant to subdivision (g) of Section 30061.
(3) An amount equaling 27.08 percent shall be allocated to counties for the purposes specified in paragraph (4) of subdivision (b) of Section 30061. The Controller shall allocate these funds pursuant to the base allocation schedule provided by the Department of Finance for that fiscal year pursuant to subdivision (g) of Section 30061.
(4) An amount equaling 7.44 percent shall be allocated to counties for the purposes of Section 18220.1 of the Welfare and Institutions Code. The Controller shall allocate these funds pursuant to the base allocation schedule provided by the Department of Finance for that fiscal year pursuant to subdivision (c) of Section 18220.1 of the Welfare and Institutions Code.

SEC. 4.

 Section 30061 of the Government Code is amended to read:

30061.
 (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter.
(b) In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa Clara Counties, this allocation shall be made to the county director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the population research unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (i), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (i), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in an SLESA established in the city treasury.
(4) Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. If a plan has been previously approved by the Corrections Standards Authority or, commencing July 1, 2012, by the Board of State and Community Corrections, the plan shall be reviewed and modified annually by the council. The plan or modified plan shall be approved by the county board of supervisors, and in the case of a city and county, the plan shall also be approved by the mayor. The plan or modified plan shall be submitted to the Board of State and Community Corrections by May 1 of each year.
(A) Juvenile justice plans shall include, but not be limited to, all of the following components:
(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the following requirements:
(i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation.
(ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be used to determine the effectiveness of the local juvenile justice action strategy.
(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Board of State and Community Corrections shall review plans or modified plans submitted pursuant to this paragraph within 30 days upon receipt of submitted or resubmitted plans or modified plans. The board shall approve only those plans or modified plans that fulfill the requirements of this paragraph, and shall advise a submitting county or city and county immediately upon the approval of its plan or modified plan. The board shall offer, and provide, if requested, technical assistance to any county or city and county that submits a plan or modified plan not in compliance with the requirements of this paragraph. The SLESA shall only allocate funding pursuant to this paragraph upon notification from the board that a plan or modified plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October 15, 2002, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C).
(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2003, and annually thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county from the appropriation for the purposes of this paragraph, on the outcomes as specified in subparagraph (C) of the programs funded pursuant to this paragraph and the statewide effectiveness of the comprehensive multiagency juvenile justice plans.
(c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures:
(1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs.
(2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city.
(3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district.
(d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b).
(e) For the 2011–12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (c) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b).
(g) Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (d) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). The Controller shall allocate funds in monthly installments to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance.
(h) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law Enforcement Services Account, and after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount. This subdivision shall become inoperative on July 1, 2015.
(i) In the 2010–11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions.
(j) The county auditor shall redirect unspent funds that were remitted after July 1, 2012, by a local agency to the County Enhancing Law Enforcement Activities Subaccount pursuant to subdivision (h), to the local agency that remitted the unspent funds in an amount equal to the amount remitted.

SEC. 5.

 Section 70602.6 of the Government Code is amended to read:

70602.6.
 (a) Notwithstanding any other law, a supplemental fee of forty dollars ($40) shall be collected for filing any first paper subject to the uniform fee that is set at three hundred fifty-five dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Sections 68085.3 and 68086.1, as applicable.
(b) The fee imposed under this section is in addition to any other fees authorized by law, including, but not limited to, the fees authorized in Section 70602.5.
(c) After the 2013–14 fiscal year, if the amount of the General Fund transfer to the Trial Court Trust Fund is decreased more than 10 percent from the amount appropriated in the 2013–14 fiscal year and is not offset by another source of revenue other than court fees so as to result in a net reduction in funding greater than 10 percent, then the amount of the supplemental fees provided in subdivision (a) shall be decreased proportionally. The Judicial Council shall adopt and publish a schedule setting the fees resulting from the decrease.
(d) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 6.

 Section 70616 of the Government Code, as amended by Section 41 of Chapter 41 of the Statutes of 2012, is amended to read:

70616.
 (a) In addition to the first paper filing fee required by Section 70611 or 70613, a single complex case fee shall be paid to the clerk on behalf of all plaintiffs, whether filing separately or jointly, either at the time of the filing of the first paper if the case is designated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order.
(b) In addition to the first appearance fee required under Section 70612 or 70614, a complex case fee shall be paid on behalf of each defendant, intervenor, respondent, or adverse party, whether filing separately or jointly, either at the time that party files its first paper in a case if the case is designated or counterdesignated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order. This additional complex fee shall be charged to each defendant, intervenor, respondent, or adverse party appearing in the case, but the total complex fees collected from all the defendants, intervenors, respondents, or other adverse parties appearing in a complex case shall not exceed eighteen thousand dollars ($18,000).
(c) In each case in which the court determines that a case that has been designated or counterdesignated as complex is not a complex case, the court shall order reimbursement to the parties of the amount of any complex case fees that the parties have previously paid pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees actually collected exceed, or if collected would exceed, the limit in subdivision (b), the court shall make any order as is necessary to ensure that the total complex fees paid by the defendants, intervenors, respondents, or other adverse parties appearing in the case do not exceed the limit and that the complex fees paid by those parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be one thousand dollars ($1,000), unless the fee is reduced pursuant to this section. The fee shall be transmitted to the Trial Court Trust Fund as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.
(h) The amendments made to this section during the 2011–12 Regular Session of the Legislature do not constitute a change in, but are declaratory of, existing law.
(i) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 7.

 Section 70616 of the Government Code, as added by Section 42 of Chapter 41 of the Statutes of 2012, is amended to read:

70616.
 (a) In addition to the first paper filing fee required by Section 70611 or 70613, a single complex case fee shall be paid to the clerk on behalf of all plaintiffs, whether filing separately or jointly, either at the time of the filing of the first paper if the case is designated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order.
(b) In addition to the first appearance fee required under Section 70612 or 70614, a complex case fee shall be paid on behalf of each defendant, intervenor, respondent, or adverse party, whether filing separately or jointly, either at the time that party files its first paper in a case if the case is designated or counterdesignated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order. This additional complex fee shall be charged to each defendant, intervenor, respondent, or adverse party appearing in the case, but the total complex fees collected from all the defendants, intervenors, respondents, or other adverse parties appearing in a complex case shall not exceed ten thousand dollars ($10,000).
(c) In each case in which the court determines that a case that has been designated or counterdesignated as complex is not a complex case, the court shall order reimbursement to the parties of the amount of any complex case fees that the parties have previously paid pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees actually collected exceed, or if collected would exceed, the limit in subdivision (b), the court shall make any order as is necessary to ensure that the total complex fees paid by the defendants, intervenors, respondents, or other adverse parties appearing in the case do not exceed the limit and that the complex fees paid by those parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be five hundred fifty dollars ($550), unless the fee is reduced pursuant to this section. The fee shall be transmitted to the Trial Court Trust Fund as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.
(h) The amendments made to the predecessor to this section during the 2011–12 Regular Session of the Legislature do not constitute a change in, but are declaratory of, existing law.
(i) This section shall become operative on July 1, 2018.

SEC. 8.

 Section 70617 of the Government Code, as amended by Section 43 of Chapter 41 of the Statutes of 2012, is amended to read:

70617.
 (a) Except as provided in subdivisions (d) and (e), the uniform fee for filing a motion, application, or any other paper requiring a hearing subsequent to the first paper, is sixty dollars ($60). Papers for which this fee shall be charged include the following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling defendant’s property under Section 491.110 or 491.150 of the Code of Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special proceeding.
(6) An application for an order for a judgment debtor examination under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing any of the following:
(1) A motion, application, demurrer, request, notice, or stipulation and order that is the first paper filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of a minor.
(10) A paper requiring a hearing on a petition for an order to prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of change of name or gender.
(13) A paper requiring a hearing on a petition to approve the compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the continuance of a hearing or case management conference. The fee shall be charged no more than once for each continuance. The fee shall not be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by posting or by publication under Section 415.45 or 415.50 of the Code of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to appear as counsel pro hac vice is five hundred dollars ($500). This fee is in addition to any other fee required of the applicant. Two hundred fifty dollars ($250) of the fee collected under this paragraph shall be transmitted to the state for deposit into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5. The remaining two hundred fifty dollars ($250) of the fee shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.
(2) An attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual renewal fee of five hundred dollars ($500) for each year that the attorney maintains pro hac vice status in the case in which the application was granted. The entire fee collected under this paragraph shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a), (c), (d), and (e) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(g) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 9.

 Section 70617 of the Government Code, as amended by Section 44 of Chapter 41 of the Statutes of 2012, is amended to read:

70617.
 (a) Except as provided in subdivisions (d) and (e), the uniform fee for filing a motion, application, or any other paper requiring a hearing subsequent to the first paper, is forty dollars ($40). Papers for which this fee shall be charged include the following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling defendant’s property under Section 491.110 or 491.150 of the Code of Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special proceeding.
(6) An application for an order for a judgment debtor examination under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing any of the following:
(1) A motion, application, demurrer, request, notice, or stipulation and order that is the first paper filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of a minor.
(10) A paper requiring a hearing on a petition for an order to prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of change of name or gender.
(13) A paper requiring a hearing on a petition to approve the compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the continuance of a hearing or case management conference. The fee shall be charged no more than once for each continuance. The fee shall not be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by posting or by publication under Section 415.45 or 415.50 of the Code of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to appear as counsel pro hac vice is five hundred dollars ($500). This fee is in addition to any other fee required of the applicant. Two hundred fifty dollars ($250) of the fee collected under this paragraph shall be transmitted to the state for deposit into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5. The remaining two hundred fifty dollars ($250) of the fee shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.
(2) An attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual renewal fee of five hundred dollars ($500) for each year that the attorney maintains pro hac vice status in the case in which the application was granted. The entire fee collected under this paragraph shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a), (c), (d), and (e) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(g) This section shall become operative on July 1, 2018.

SEC. 10.

 Section 70657 of the Government Code, as amended by Section 47 of Chapter 41 of the Statutes of 2012, is amended to read:

70657.
 (a) Except as provided in subdivision (c), the uniform fee for filing a motion or other paper requiring a hearing subsequent to the first paper in a proceeding under the Probate Code, other than a petition or application or opposition described in Sections 70657.5 and 70658, is sixty dollars ($60). This fee shall be charged for the following papers:
(1) Papers listed in subdivision (a) of Section 70617.
(2) Applications for ex parte relief, whether or not notice of the application to any person is required, except an ex parte petition for discharge of a personal representative, conservator, or guardian upon completion of a court-ordered distribution or transfer, for which no fee shall be charged.
(3) Petitions or applications, or objections, filed subsequent to issuance of temporary letters of conservatorship or guardianship or letters of conservatorship or guardianship that are not subject to the filing fee provided in subdivision (a) of Section 70658.
(4) The first or subsequent petition for temporary letters of conservatorship or guardianship.
(b) There shall be no fee under subdivision (a) for filing any of the papers listed under subdivision (b) of Section 70617.
(c) The summary judgment fee provided in subdivision (d) of Section 70617 shall apply to summary judgment motions in proceedings under the Probate Code.
(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a) and (c) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e) No fee is payable under this section for a petition or opposition filed subsequent to issuance of letters of temporary guardianship or letters of guardianship in a guardianship described in Section 70654.
(f) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 11.

 Section 70657 of the Government Code, as added by Section 48 of Chapter 41 of the Statutes of 2012, is amended to read:

70657.
 (a) Except as provided in subdivision (c), the uniform fee for filing a motion or other paper requiring a hearing subsequent to the first paper in a proceeding under the Probate Code, other than a petition or application or opposition described in Sections 70657.5 and 70658, is forty dollars ($40). This fee shall be charged for the following papers:
(1) Papers listed in subdivision (a) of Section 70617.
(2) Applications for ex parte relief, whether or not notice of the application to any person is required, except an ex parte petition for discharge of a personal representative, conservator, or guardian upon completion of a court-ordered distribution or transfer, for which no fee shall be charged.
(3) Petitions or applications, or objections, filed subsequent to issuance of temporary letters of conservatorship or guardianship or letters of conservatorship or guardianship that are not subject to the filing fee provided in subdivision (a) of Section 70658.
(4) The first or subsequent petition for temporary letters of conservatorship or guardianship.
(b) There shall be no fee under subdivision (a) for filing any of the papers listed under subdivision (b) of Section 70617.
(c) The summary judgment fee provided in subdivision (d) of Section 70617 shall apply to summary judgment motions in proceedings under the Probate Code.
(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a) and (c) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e) No fee is payable under this section for a petition or opposition filed subsequent to issuance of letters of temporary guardianship or letters of guardianship in a guardianship described in Section 70654.
(f) This section shall become operative on July 1, 2018.

SEC. 12.

 Section 70677 of the Government Code, as amended by Section 49 of Chapter 41 of the Statutes of 2012, is amended to read:

70677.
 (a) The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is sixty dollars ($60). Papers for which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorney’s fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 4951 of the Family Code.
(4) An application to determine the judgment after entry of default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 13.

 Section 70677 of the Government Code, as added by Section 50 of Chapter 41 of the Statutes of 2012, is amended to read:

70677.
 (a) The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is forty dollars ($40). Papers for which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorney’s fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 4951 of the Family Code.
(4) An application to determine the judgment after entry of default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e) This section shall become operative on July 1, 2018.

SEC. 14.

 Section 1230 of the Penal Code is amended to read:

1230.
 (a) Each county is hereby authorized to establish in each county treasury a Community Corrections Performance Incentives Fund (CCPIF), to receive all amounts allocated to that county for purposes of implementing this chapter.
(b) Notwithstanding any other law, in any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the moneys, including any interest, shall be made available to the CPO of that county, within 30 days of the deposit of those moneys into the fund, for the implementation of the community corrections program authorized by this chapter.
(1) The community corrections program shall be developed and implemented by probation and advised by a local Community Corrections Partnership.
(2) The local Community Corrections Partnership shall be chaired by the CPO and comprised of the following membership:
(A) The presiding judge of the superior court, or his or her designee.
(B) A county supervisor or the chief administrative officer for the county or a designee of the board of supervisors.
(C) The district attorney.
(D) The public defender.
(E) The sheriff.
(F) A chief of police.
(G) The head of the county department of social services.
(H) The head of the county department of mental health.
(I) The head of the county department of employment.
(J) The head of the county alcohol and substance abuse programs.
(K) The head of the county office of education.
(L) A representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense.
(M) An individual who represents the interests of victims.
(3) Funds allocated to probation pursuant to this act shall be used to provide supervision and rehabilitative services for adult felony offenders subject to local supervision, and shall be spent on evidence-based community corrections practices and programs, as defined in subdivision (d) of Section 1229, which may include, but are not limited to, the following:
(A) Implementing and expanding evidence-based risk and needs assessments.
(B) Implementing and expanding intermediate sanctions that include, but are not limited to, electronic monitoring, mandatory community service, home detention, day reporting, restorative justice programs, work furlough programs, and incarceration in county jail for up to 90 days.
(C) Providing more intensive local supervision.
(D) Expanding the availability of evidence-based rehabilitation programs including, but not limited to, drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs, and job training and employment services.
(E) Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity.
(4) Notwithstanding any other law, the CPO shall have discretion to spend funds on any of the above practices and programs consistent with this act but, at a minimum, shall devote at least 5 percent of all funding received to evaluate the effectiveness of those programs and practices implemented with the funds provided pursuant to this chapter. A CPO may petition the Judicial Council to have this restriction waived, and the Judicial Council shall have the authority to grant such a petition, if the CPO can demonstrate that the department is already devoting sufficient funds to the evaluation of these programs and practices.
(5) Each probation department receiving funds under this chapter shall maintain a complete and accurate accounting of all funds received pursuant to this chapter.

SEC. 15.

 Section 1231 of the Penal Code is amended to read:

1231.
 (a) Community corrections programs funded pursuant to this chapter shall identify and track specific outcome-based measures consistent with the goals of this act.
(b) The Judicial Council, in consultation with the Chief Probation Officers of California, shall specify and define minimum required outcome-based measures, which shall include, but not be limited to, all of the following:
(1) The percentage of persons subject to local supervision who are being supervised in accordance with evidence-based practices.
(2) The percentage of state moneys expended for programs that are evidence based, and a descriptive list of all programs that are evidence based.
(3) Specification of supervision policies, procedures, programs, and practices that were eliminated.
(4) The percentage of persons subject to local supervision who successfully complete the period of supervision.
(c) Each CPO receiving funding pursuant to Sections 1233 to 1233.6, inclusive, shall provide an annual written report to the Judicial Council, evaluating the effectiveness of the community corrections program, including, but not limited to, the data described in subdivision (b).
(d) The Judicial Council, shall, in consultation with the CPO of each county and the Department of Corrections and Rehabilitation, provide a quarterly statistical report to the Department of Finance including, but not limited to, the following statistical information for each county:
(1) The number of felony filings.
(2) The number of felony convictions.
(3) The number of felony convictions in which the defendant was sentenced to the state prison.
(4) The number of felony convictions in which the defendant was granted probation.
(5) The adult felon probation population.
(6) The number of adult felony probationers who had their probation terminated and revoked and were sent to state prison for that revocation.
(7) The number of adult felony probationers sent to state prison for a conviction of a new felony offense, including when probation was revoked or terminated.
(8) The number of adult felony probationers who had their probation revoked and were sent to county jail for that revocation.
(9) The number of adult felony probationers sent to county jail for a conviction of a new felony offense, including when probation was revoked or terminated.
(10) The number of felons placed on postrelease community supervision, commencing January 1, 2012.
(11) The number of felons placed on mandatory supervision, commencing January 1, 2012.
(12) The mandatory supervision population, commencing January 1, 2012.
(13) The postrelease community supervision population, commencing January 1, 2012.
(14) The number of felons on postrelease community supervision sentenced to state prison for a conviction of a new felony offense, commencing January 1, 2012.
(15) The number of felons on mandatory supervision sentenced to state prison for a conviction of a new felony offense, commencing January 1, 2012.
(16) The number of felons who had their postrelease community supervision revoked and were sent to county jail for that revocation, commencing January 1, 2012. This number shall not include felons on postrelease community supervision who are subject to flash incarceration pursuant to Section 3453.
(17) The number of felons on postrelease community supervision sentenced to county jail for a conviction of a new felony offense, including when postrelease community supervision was revoked or terminated, commencing January 1, 2012.
(18) The number of felons who had their mandatory supervision revoked and were sentenced to county jail for that revocation, commencing January 1, 2012.
(19) The number of felons on mandatory supervision sentenced to county jail for a conviction of a new felony offense, including when mandatory supervision was revoked or terminated, commencing January 1, 2012.

SEC. 16.

 Section 1232 of the Penal Code is amended to read:

1232.
 Commencing no later than 18 months following the initial receipt of funding pursuant to this chapter and annually thereafter, the Judicial Council, in consultation with the Department of Corrections and Rehabilitation, the Department of Finance, and the Chief Probation Officers of California, shall submit to the Governor and the Legislature a comprehensive report on the implementation of this chapter. The report shall include, but not be limited to, all of the following information:
(a) The effectiveness of the community corrections program based on the reports of performance-based outcome measures required in Section 1231.
(b) The percentage of offenders subject to local supervision whose supervision was revoked and who were sent to prison for the year on which the report is being made.
(c) The percentage of offenders subject to local supervision who were convicted of crimes during their term of supervision for the year on which the report is being made.
(d) The impact of the moneys appropriated pursuant to this chapter to enhance public safety by reducing the percentage and number of offenders subject to local supervision whose supervision was revoked for the year being reported on for violations or new convictions, and to reduce the number of offenders subject to local supervision who are sentenced to prison for a new conviction for the year on which the report is being made.
(e) Any recommendations regarding resource allocations or additional collaboration with other state, regional, federal, or local entities for improvements to this chapter.

SEC. 17.

 Section 1233 of the Penal Code is repealed.

SEC. 18.

 Section 1233.1 of the Penal Code is amended to read:

1233.1.
 After the conclusion of each calendar year, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall calculate the following for that calendar year:
(a) The cost to the state to incarcerate in a contract facility and supervise on parole an offender who fails local supervision and is sent to prison.
(b) The statewide probation failure rate shall be calculated as the total number of adult felony probationers statewide sent to state prison as a percentage of the average statewide adult felony probation population for that year.
(c) The probation failure rate for each county shall be calculated as the total number of adult felony probationers sent to state prison from that county, as a percentage of the county’s average adult felony probation population for that year.
(d) An estimate of the number of adult felony probationers each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated based on the reduction in the county’s probation failure rate as calculated annually pursuant to subdivision (c) for that year and the county’s probation failure rate from the previous year.
(e) In calculating probation failure to prison rates for the state and individual counties, the number of adult felony probationers sent to state prison shall include those adult felony probationers sent to state prison for a revocation of probation, as well as adult felony probationers sent to state prison for a conviction of a new felony offense. The calculation shall also include adult felony probationers who are sent to state prison for a conviction of a new crime and who simultaneously have their probation terms terminated.
(f) The statewide mandatory supervision failure to prison rate. The statewide mandatory supervision failure to prison rate shall be calculated as the total number of offenders supervised under mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, statewide, sent to prison in the previous calendar year as a percentage of the average statewide mandatory supervision population for that year.
(g) A mandatory supervision failure to prison rate for each county. Each county’s mandatory supervision failure to prison rate shall be calculated as the number of offenders supervised under mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 sent to prison from that county in the previous calendar year as a percentage of the county’s average mandatory supervision population for that year.
(h) An estimate of the number of felons on mandatory supervision each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated based on the reduction in the county’s mandatory supervision failure to prison rate as calculated annually pursuant to subdivision (g) for that year and the county’s mandatory supervision failure to prison rate from the previous year.
(i) The statewide postrelease community supervision failure to prison rate. The statewide postrelease community supervision failure to prison rate shall be calculated as the total number of offenders supervised under postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3, statewide, sent to prison in the previous calendar year as a percentage of the average statewide postrelease community supervision population for that year.
(j) A postrelease community supervision failure to prison rate for each county. Each county’s postrelease community supervision failure to prison rate shall be calculated as the number of offenders supervised under postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 sent to prison from that county in the previous calendar year as a percentage of the county’s average postrelease community supervision population for that year.
(k) An estimate of the number of felons on postrelease community supervision each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated based on the reduction in the county’s postrelease community supervision failure to prison rate as calculated annually pursuant to subdivision (i) for that year and the county’s postrelease community supervision failure to prison rate from the previous year.
(l) The statewide return to prison rate. The statewide return to prison rate shall be calculated as the total number of offenders supervised by probation departments as felony probationers, or subject to mandatory supervision pursuant to subdivision (h) of Section 1170, or subject to postrelease community supervision, who were sent to prison, as a percentage of the average statewide adult felony probation, mandatory supervision, and postrelease community supervision population.
(m) The county return to prison rate. The combined individual county return to prison rate shall be calculated as the total number of offenders supervised by a county probation department as felony probationers, or subject to mandatory supervision pursuant to subdivision (h) of Section 1170, or subject to postrelease community supervision, who were sent to prison, as a percentage of the average adult felony probation, mandatory supervision, and postrelease community supervision population for that county.

SEC. 19.

 Section 1233.15 of the Penal Code is repealed.

SEC. 20.

 Section 1233.2 of the Penal Code is repealed.

SEC. 21.

 Section 1233.3 of the Penal Code is amended to read:

1233.3.
 Annually, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall calculate a statewide performance incentive payment for each eligible county for the most recently completed calendar year, as follows:
(a) For a county identified as having a return to prison rate less than 1.5 percent, the incentive payment shall be equal to 100 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011 –12 fiscal year to the 2014–15 fiscal year, inclusive.
(b) For a county identified as having a return to prison rate of 1.5 percent or greater, but not exceeding 3.2 percent, the incentive payment shall be equal to 70 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive.
(c) For a county identified as having a return to prison rate of more than 3.2 percent, not exceeding 5.5 percent, the incentive payment shall be equal to 60 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011 –12 fiscal year to the 2014–15 fiscal year, inclusive.
(d) For a county identified as having a return to prison rate of more than 5.5 percent, not exceeding 6.1 percent, the incentive payment shall be equal to 50 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive.
(e) For a county identified as having a return to prison rate of more than 6.1 percent, not exceeding 7.9 percent, the incentive payment shall be equal to 40 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive.
(f) A county that fails to provide information specified in Section 1231 to the Administrative Office of the Courts is not eligible for a statewide performance incentive payment.

SEC. 22.

 Section 1233.4 of the Penal Code is repealed.

SEC. 23.

 Section 1233.4 is added to the Penal Code, to read:

1233.4.
 The Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall, for the most recently completed calendar year, annually calculate a county performance incentive payment for each eligible county. A county shall be eligible for compensation for each of the following:
(a) The estimated number of felons on probation that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (d) of Section 1233.1, multiplied by 35 percent of the state’s costs to incarcerate a prison felony offender in a contract facility, as defined in subdivision (a) of Section 1233.1.
(b) The estimated number of felons on mandatory supervision that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (h) of Section 1233.1, multiplied by 35 percent of the state’s costs to incarcerate a prison felony offender in a contract facility, as defined in subdivision (a) of Section 1233.1.
(c) The estimated number of felons on postrelease community supervision that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (k) of Section 1233.1, multiplied by 35 percent of the state’s costs to incarcerate a prison felony offender in a contract facility, as defined in subdivision (a) of Section 1233.1.

SEC. 24.

 Section 1233.5 of the Penal Code is amended to read:

1233.5.
 If data of sufficient quality and of the types required for the implementation of this chapter are not available to the Director of Finance, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, and Judicial Council, shall use the best available data to estimate the statewide performance incentive payments and county performance incentive payments utilizing a methodology that is as consistent with that described in this chapter as is reasonably possible.

SEC. 25.

 Section 1233.6 of the Penal Code is amended to read:

1233.6.
 (a) A statewide performance incentive payment calculated pursuant to Section 1233.3 and a county performance incentive payment calculated pursuant to Section 1233.4 for any calendar year shall be provided to a county in the following fiscal year. The total annual payment to a county shall be divided into four equal quarterly payments.
(b) The Department of Finance shall include an estimate of the total statewide performance incentive payments and county performance incentive payments to be provided to counties in the coming fiscal year as part of the Governor’s proposed budget released no later than January 10 of each year. This estimate shall be adjusted by the Department of Finance, as necessary, to reflect the actual calculations of probation failure reduction incentive payments and high performance grants completed by the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council. This adjustment shall occur as part of standard budget revision processes completed by the Department of Finance in April and May of each year.
(c) There is hereby established, in the State Treasury, the State Community Corrections Performance Incentives Fund, which is continuously appropriated. Moneys appropriated for purposes of statewide performance incentive payments and county performance incentive payments authorized in Sections 1230 to 1233.6, inclusive, shall be transferred into this fund from the General Fund. Any moneys transferred into this fund from the General Fund shall be administered by the Judicial Council and the share calculated for each county probation department shall be transferred to its Community Corrections Performance Incentives Fund authorized in Section 1230.
(d) For each fiscal year, the Director of Finance shall determine the total amount of the State Community Corrections Performance Incentives Fund and the amount to be allocated to each county, pursuant to this section and Sections 1230 to 1233.5, inclusive, and shall report those amounts to the Controller. The Controller shall make an allocation from the State Community Corrections Performance Incentives Fund authorized in subdivision (c) to each county in accordance with the amounts provided.
(e) Notwithstanding Section 13340 of the Government Code, commencing July 1, 2014, and each fiscal year thereafter, the amount of one million dollars ($1,000,000) is hereby continuously appropriated from the State Community Corrections Performance Incentives Fund to the Judicial Council for the costs of implementing and administering this program, pursuant to subdivision (c), and the 2011 realignment legislation addressing public safety.

SEC. 26.

 Section 1233.61 of the Penal Code is amended to read:

1233.61.
 (a) The Department of Finance shall increase to no more than two hundred thousand dollars ($200,000) the award amount for any county whose statewide performance incentive payment and county performance incentive payment, as calculated pursuant to Sections 1233.3 and 1233.4, totals less than two hundred thousand dollars ($200,000).
(b) The Department of Finance shall adjust the award amount up to two hundred thousand dollars ($200,000) per county, to those counties that did not receive a statewide performance incentive payment and county performance incentive payment, as calculated pursuant to Sections 1233.3 and 1233.4.
(c) Any county receiving funding through subdivision (b) shall submit a report to the Judicial Council and the Chief Probation Officers of California describing how it plans on using the funds to enhance its ability to be successful under this chapter. Commencing January 1, 2014, a county that fails to submit this report by March 1 annually shall not receive funding pursuant to subdivision (b) in the subsequent fiscal year.
(d) A county that fails to provide the information specified in Section 1231 to the Judicial Council shall not be eligible for payment pursuant to this section.

SEC. 27.

 Section 1233.9 of the Penal Code is amended to read:

1233.9.
 (a) There is hereby created in the State Treasury the Recidivism Reduction Fund for moneys to be available upon appropriation by the Legislature, for activities designed to reduce the state’s prison population, including, but not limited to, reducing recidivism. Funds available in the Recidivism Reduction Fund may be transferred to the State Community Corrections Performance Incentives Fund.
(b) Any funds in the Recidivism Reduction Fund not encumbered by June 30, 2016, shall revert to the General Fund upon order of the Department of Finance.
(c) The Recidivism Reduction Fund shall be abolished once all funds encumbered in the Recidivism Reduction Fund are liquidated.

SEC. 28.

 Section 1233.10 of the Penal Code is amended to read:

1233.10.
 (a) Upon agreement to accept funding from the Recidivism Reduction Fund, created in Section 1233.9, a county board of supervisors, in collaboration with the county’s Community Corrections Partnership, shall develop, administer, and collect and submit data to the Board of State and Community Corrections regarding a competitive grant program intended to fund community recidivism and crime reduction services, including, but not limited to, delinquency prevention, homelessness prevention, and reentry services.
(1) Commencing with the 2014–15 fiscal year, the funding shall be allocated to counties by the State Controller’s Office from Item 5227-101-3259 of Section 2.00 of the Budget Act of 2014 according to the following schedule:
Alameda$  250,000
Alpine$   10,000
Amador$   10,000
Butte$   50,000
Calaveras$   10,000
Colusa$   10,000
Contra Costa$  250,000
Del Norte$   10,000
El Dorado$   50,000
Fresno$  250,000
Glenn$   10,000
Humboldt$   50,000
Imperial$   50,000
Inyo$   10,000
Kern$  250,000
Kings$   50,000
Lake$   25,000
Lassen$   10,000
Los Angeles$ 1,600,000
Madera$   50,000
Marin$   50,000
Mariposa$   10,000
Mendocino$   25,000
Merced$   50,000
Modoc$   10,000
Mono$   10,000
Monterey$  100,000
Napa$   50,000
Nevada$   25,000
Orange$  500,000
Placer$   50,000
Plumas$   10,000
Riverside$  500,000
Sacramento$  250,000
San Benito$   25,000
San Bernardino$  500,000
San Diego$  500,000
San Francisco$  250,000
San Joaquin$  250,000
San Luis Obispo$   50,000
San Mateo$  250,000
Santa Barbara$  100,000
Santa Clara$  500,000
Santa Cruz$   50,000
Shasta$   50,000
Sierra$   10,000
Siskiyou$   10,000
Solano$  100,000
Sonoma$  100,000
Stanislaus$  100,000
Sutter$   25,000
Tehama$   25,000
Trinity$   10,000
Tulare$  100,000
Tuolumne$   25,000
Ventura$  250,000
Yolo$   50,000
Yuba$   25,000
(2) Commencing with the 2015–16 fiscal year, the funding shall be allocated to counties by the State Controller’s Office from Item 5227-101-3259 of Section 2.00 of the Budget Act of 2015 according to the following schedule:
Alameda$  125,000
Alpine$    5,000
Amador$    5,000
Butte$   25,000
Calaveras$    5,000
Colusa$    5,000
Contra Costa$  125,000
Del Norte$    5,000
El Dorado$   25,000
Fresno$  125,000
Glenn$    5,000
Humboldt$   25,000
Imperial$   25,000
Inyo$    5,000
Kern$  125,000
Kings$   25,000
Lake$   12,500
Lassen$    5,000
Los Angeles$  800,000
Madera$   25,000
Marin$   25,000
Mariposa$    5,000
Mendocino$   12,500
Merced$   25,000
Modoc$    5,000
Mono$    5,000
Monterey$   50,000
Napa$   25,000
Nevada$   12,500
Orange$  250,000
Placer$   25,000
Plumas$    5,000
Riverside$  250,000
Sacramento$  125,000
San Benito$   12,500
San Bernardino$  250,000
San Diego$  250,000
San Francisco$  125,000
San Joaquin$  125,000
San Luis Obispo$   25,000
San Mateo$  125,000
Santa Barbara$   50,000
Santa Clara$  250,000
Santa Cruz$   25,000
Shasta$   25,000
Sierra$    5,000
Siskiyou$    5,000
Solano$   50,000
Sonoma$   50,000
Stanislaus$   50,000
Sutter$   12,500
Tehama$   12,500
Trinity$    5,000
Tulare$   50,000
Tuolumne$   12,500
Ventura$  125,000
Yolo$   25,000
Yuba$   12,500
(b) For purposes of this section, “community recidivism and crime reduction service provider” means a nongovernmental entity or a consortium or coalition of nongovernmental entities, that provides community recidivism and crime reduction services, as described in paragraph (2) of subdivision (c), to persons who have been released from the state prison, a county jail, a juvenile detention facility, who are under the supervision of a parole or probation department, or any other person at risk of becoming involved in criminal activities.
(c) (1) A community recidivism and crime reduction service provider shall have a demonstrated history of providing services, as described in paragraph (2), to the target population during the five years immediately prior to the application for a grant awarded pursuant to this section.
(2) A community recidivism and crime reduction service provider shall provide services that are designed to enable persons to whom the services are provided to refrain from engaging in crime, reconnect with their family members, and contribute to their communities. Community recidivism and crime reduction services may include all of the following:
(A) Self-help groups.
(B) Individual or group assistance with basic life skills.
(C) Mentoring programs.
(D) Academic and educational services, including, but not limited to, services to enable the recipient to earn his or her high school diploma.
(E) Job training skills and employment.
(F) Truancy prevention programs.
(G) Literacy programs.
(H) Any other service that advances community recidivism and crime reduction efforts, as identified by the county board of supervisors and the Community Corrections Partnership.
(I) Individual or group assistance with referrals for any of the following:
(i) Mental and physical health assessments.
(ii) Counseling services.
(iii) Education and vocational programs.
(iv) Employment opportunities.
(v) Alcohol and drug treatment.
(vi) Health, wellness, fitness, and nutrition programs and services.
(vii) Personal finance and consumer skills programs and services.
(viii) Other personal growth and development programs to reduce recidivism.
(ix) Housing assistance.
(d) Pursuant to this section and upon agreement to accept funding from the Recidivism Reduction Fund, the board of supervisors, in collaboration with the county’s Community Corrections Partnership, shall grant funds allocated to the county, as described in subdivision (a), to community recidivism and crime reduction service providers based on the needs of their community.
(e) (1) The amount awarded to each community recidivism and crime reduction service provider by a county shall be based on the population of the county, as projected by the Department of Finance, and shall not exceed the following:
(A) One hundred thousand dollars ($100,000) in a county with a population of over 4,000,000 people.
(B) Fifty thousand dollars ($50,000) in a county with a population of 700,000 or more people but less than 4,000,000 people.
(C) Twenty five thousand dollars ($25,000) in a county with a population of 400,000 or more people but less than 700,000 people.
(D) Ten thousand dollars ($10,000) in a county with a population of less than 400,000 people.
(2) The total amount of grants awarded to a single community recidivism and crime reduction service provider by all counties pursuant to this section shall not exceed one hundred thousand dollars ($100,000).
(f) The board of supervisors, in collaboration with the county’s Community Corrections Partnership, shall establish minimum requirements, funding criteria, and procedures for the counties to award grants consistent with the criteria established in this section.
(g) A community recidivism and crime reduction service provider that receives a grant under this section shall report to the county board of supervisors or the Community Corrections Partnership on the number of individuals served and the types of services provided, consistent with paragraph (2) of subdivision (c). The board of supervisors or the Community Corrections Partnership shall report to the Board of State and Community Corrections any information received under this subdivision from grant recipients.
(h) Of the total amount granted to a county, up to 5 percent may be withheld by the board of supervisors or the Community Corrections Partnership for the payment of administrative costs.
(i) Any funds allocated to a county under this section shall be available for expenditure for a period of four years and any unexpended funds shall revert to the state General Fund at the end of the four-year period.

SEC. 29.

 Section 1369.1 of the Penal Code is amended to read:

1369.1.
 (a) As used in this chapter, “treatment facility” includes a county jail. Upon the concurrence of the county board of supervisors, the county mental health director, and the county sheriff, the jail may be designated to provide medically approved medication to defendants found to be mentally incompetent and unable to provide informed consent due to a mental disorder, pursuant to this chapter. In the case of Madera, Napa, and Santa Clara Counties, the concurrence shall be with the board of supervisors, the county mental health director, and the county sheriff or the chief of corrections. The provisions of Sections 1370, 1370.01, and 1370.02 shall apply to antipsychotic medications provided in a county jail, provided, however, that the maximum period of time a defendant may be treated in a treatment facility pursuant to this section shall not exceed six months.
(b) This section does not abrogate or limit any law enacted to ensure the due process rights set forth in Sell v. United States (2003) 539 U.S. 166.

SEC. 30.

 Section 1370 of the Penal Code is amended to read:

1370.
 (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged violation shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent, the trial, the hearing on the alleged violation, or the judgment shall be suspended until the person becomes mentally competent.
(i) In the meantime, the court shall order that the mentally incompetent defendant be delivered by the sheriff to a state hospital for the care and treatment of the mentally disordered, as directed by the State Department of State Hospitals, or to any other available public or private treatment facility, including a county jail treatment facility or the community-based residential treatment system established pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code if the facility has a secured perimeter or a locked and controlled treatment facility, approved by the community program director that will promote the defendant’s speedy restoration to mental competence, or placed on outpatient status as specified in Section 1600.
(ii) However, if the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290, the prosecutor shall determine whether the defendant previously has been found mentally incompetent to stand trial pursuant to this chapter on a charge of a Section 290 offense, or whether the defendant is currently the subject of a pending Section 1368 proceeding arising out of a charge of a Section 290 offense. If either determination is made, the prosecutor shall so notify the court and defendant in writing. After this notification, and opportunity for hearing, the court shall order that the defendant be delivered by the sheriff to a state hospital, as directed by the State Department of State Hospitals, or other secure treatment facility for the care and treatment of the mentally disordered unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others.
(iii) If the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290 and the defendant has been denied bail pursuant to subdivision (b) of Section 12 of Article I of the California Constitution because the court has found, based upon clear and convincing evidence, a substantial likelihood that the person’s release would result in great bodily harm to others, the court shall order that the defendant be delivered by the sheriff to a state hospital for the care and treatment of the mentally disordered, as directed by the State Department of State Hospitals, unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice in writing of any finding of mental incompetence with respect to a defendant who is subject to clause (ii) or (iii) for inclusion in his or her state summary criminal history information.
(C) Upon the filing of a certificate of restoration to competence, the court shall order that the defendant be returned to court in accordance with Section 1372. The court shall transmit a copy of its order to the community program director or a designee.
(D) A defendant charged with a violent felony may not be delivered to a state hospital or treatment facility pursuant to this subdivision unless the state hospital or treatment facility has a secured perimeter or a locked and controlled treatment facility, and the judge determines that the public safety will be protected.
(E) For purposes of this paragraph, “violent felony” means an offense specified in subdivision (c) of Section 667.5.
(F) A defendant charged with a violent felony may be placed on outpatient status, as specified in Section 1600, only if the court finds that the placement will not pose a danger to the health or safety of others. If the court places a defendant charged with a violent felony on outpatient status, as specified in Section 1600, the court shall serve copies of the placement order on defense counsel, the sheriff in the county where the defendant will be placed, and the district attorney for the county in which the violent felony charges are pending against the defendant.
(2) Prior to making the order directing that the defendant be committed to the State Department of State Hospitals or other treatment facility or placed on outpatient status, the court shall proceed as follows:
(A) The court shall order the community program director or a designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be required to undergo outpatient treatment, or be committed to the State Department of State Hospitals or to any other treatment facility. A person shall not be admitted to a state hospital or other treatment facility or placed on outpatient status under this section without having been evaluated by the community program director or a designee. The community program director or designee shall evaluate the appropriate placement for the defendant between the State Department of State Hospitals, a county jail treatment facility, or the community-based residential treatment system based upon guidelines provided by the State Department of State Hospitals.
(B) The court shall hear and determine whether the defendant lacks capacity to make decisions regarding the administration of antipsychotic medication. The court shall consider opinions in the reports prepared pursuant to subdivision (a) of Section 1369, as applicable to the issue of whether the defendant lacks capacity to make decisions regarding the administration of antipsychotic medication, and shall proceed as follows:
(i) The court shall hear and determine whether any of the following is true:
(I) The defendant lacks capacity to make decisions regarding antipsychotic medication, the defendant’s mental disorder requires medical treatment with antipsychotic medication, and, if the defendant’s mental disorder is not treated with antipsychotic medication, it is probable that serious harm to the physical or mental health of the patient will result. Probability of serious harm to the physical or mental health of the defendant requires evidence that the defendant is presently suffering adverse effects to his or her physical or mental health, or the defendant has previously suffered these effects as a result of a mental disorder and his or her condition is substantially deteriorating. The fact that a defendant has a diagnosis of a mental disorder does not alone establish probability of serious harm to the physical or mental health of the defendant.
(II) The defendant is a danger to others, in that the defendant has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another while in custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another that resulted in his or her being taken into custody, and the defendant presents, as a result of mental disorder or mental defect, a demonstrated danger of inflicting substantial physical harm on others. Demonstrated danger may be based on an assessment of the defendant’s present mental condition, including a consideration of past behavior of the defendant within six years prior to the time the defendant last attempted to inflict, inflicted, or threatened to inflict substantial physical harm on another, and other relevant evidence.
(III) The people have charged the defendant with a serious crime against the person or property, involuntary administration of antipsychotic medication is substantially likely to render the defendant competent to stand trial, the medication is unlikely to have side effects that interfere with the defendant’s ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner, less intrusive treatments are unlikely to have substantially the same results, and antipsychotic medication is in the patient’s best medical interest in light of his or her medical condition.
(ii) If the court finds any of the conditions described in clause (i) to be true, the court shall issue an order authorizing involuntary administration of antipsychotic medication to the defendant when and as prescribed by the defendant’s treating psychiatrist at any facility housing the defendant for purposes of this chapter. The order shall be valid for no more than one year, pursuant to subparagraph (A) of paragraph (7). The court shall not order involuntary administration of psychotropic medication under subclause (III) of clause (i) unless the court has first found that the defendant does not meet the criteria for involuntary administration of psychotropic medication under subclause (I) of clause (i) and does not meet the criteria under subclause (II) of clause (i).
(iii) In all cases, the treating hospital, facility, or program may administer medically appropriate antipsychotic medication prescribed by a psychiatrist in an emergency as described in subdivision (m) of Section 5008 of the Welfare and Institutions Code.
(iv) If the court has determined that the defendant has the capacity to make decisions regarding antipsychotic medication, and if the defendant, with advice of his or her counsel, consents, the court order of commitment shall include confirmation that antipsychotic medication may be given to the defendant as prescribed by a treating psychiatrist pursuant to the defendant’s consent. The commitment order shall also indicate that, if the defendant withdraws consent for antipsychotic medication, after the treating psychiatrist complies with the provisions of subparagraph (C), the defendant shall be returned to court for a hearing in accordance with subparagraphs (C) and (D) regarding whether antipsychotic medication shall be administered involuntarily.
(v) If the court has determined that the defendant has the capacity to make decisions regarding antipsychotic medication and if the defendant, with advice from his or her counsel, does not consent, the court order for commitment shall indicate that, after the treating psychiatrist complies with the provisions of subparagraph (C), the defendant shall be returned to court for a hearing in accordance with subparagraphs (C) and (D) regarding whether antipsychotic medication shall be administered involuntarily.
(vi) Any report made pursuant to paragraph (1) of subdivision (b) shall include a description of any antipsychotic medication administered to the defendant and its effects and side effects, including effects on the defendant’s appearance or behavior that would affect the defendant’s ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner. During the time the defendant is confined in a state hospital or other treatment facility or placed on outpatient status, either the defendant or the people may request that the court review any order made pursuant to this subdivision. The defendant, to the same extent enjoyed by other patients in the state hospital or other treatment facility, shall have the right to contact the patients’ rights advocate regarding his or her rights under this section.
(C) If the defendant consented to antipsychotic medication as described in clause (iv) of subparagraph (B), but subsequently withdraws his or her consent, or, if involuntary antipsychotic medication was not ordered pursuant to clause (v) of subparagraph (B), and the treating psychiatrist determines that antipsychotic medication has become medically necessary and appropriate, the treating psychiatrist shall make efforts to obtain informed consent from the defendant for antipsychotic medication. If informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication based on the conditions described in subclause (I) or (II) of clause (i) of subparagraph (B), the treating psychiatrist shall certify whether the lack of capacity and any applicable conditions described above exist. That certification shall contain an assessment of the current mental status of the defendant and the opinion of the treating psychiatrist that involuntary antipsychotic medication has become medically necessary and appropriate.
(D) (i) If the treating psychiatrist certifies that antipsychotic medication has become medically necessary and appropriate pursuant to subparagraph (C), antipsychotic medication may be administered to the defendant for not more than 21 days, provided, however, that, within 72 hours of the certification, the defendant is provided a medication review hearing before an administrative law judge to be conducted at the facility where the defendant is receiving treatment. The treating psychiatrist shall present the case for the certification for involuntary treatment and the defendant shall be represented by an attorney or a patients’ rights advocate. The attorney or patients’ rights advocate shall be appointed to meet with the defendant no later than one day prior to the medication review hearing to review the defendant’s rights at the medication review hearing, discuss the process, answer questions or concerns regarding involuntary medication or the hearing, assist the defendant in preparing for the hearing and advocating for his or her interests at the hearing, review the panel’s final determination following the hearing, advise the defendant of his or her right to judicial review of the panel’s decision, and provide the defendant with referral information for legal advice on the subject. The defendant shall also have the following rights with respect to the medication review hearing:
(I) To be given timely access to the defendant’s records.
(II)  To be present at the hearing, unless the defendant waives that right.
(III) To present evidence at the hearing.
(IV) To question persons presenting evidence supporting involuntary medication.
(V) To make reasonable requests for attendance of witnesses on the defendant’s behalf.
(VI) To a hearing conducted in an impartial and informal manner.
(ii) If the administrative law judge determines that the defendant either meets the criteria specified in subclause (I) of clause (i) of subparagraph (B), or meets the criteria specified in subclause (II) of clause (i) of subparagraph (B), then antipsychotic medication may continue to be administered to the defendant for the 21-day certification period. Concurrently with the treating psychiatrist’s certification, the treating psychiatrist shall file a copy of the certification and a petition with the court for issuance of an order to administer antipsychotic medication beyond the 21-day certification period. For purposes of this subparagraph, the treating psychiatrist shall not be required to pay or deposit any fee for the filing of the petition or other document or paper related to the petition.
(iii) If the administrative law judge disagrees with the certification, medication may not be administered involuntarily until the court determines that antipsychotic medication should be administered pursuant to this section.
(iv) The court shall provide notice to the prosecuting attorney and to the attorney representing the defendant, and shall hold a hearing, no later than 18 days from the date of the certification, to determine whether antipsychotic medication should be ordered beyond the certification period.
(v) If, as a result of the hearing, the court determines that antipsychotic medication should be administered beyond the certification period, the court shall issue an order authorizing the administration of that medication.
(vi) The court shall render its decision on the petition and issue its order no later than three calendar days after the hearing and, in any event, no later than the expiration of the 21-day certification period.
(vii) If the administrative law judge upholds the certification pursuant to clause (ii), the court may, for a period not to exceed 14 days, extend the certification and continue the hearing pursuant to stipulation between the parties or upon a finding of good cause. In determining good cause, the court may review the petition filed with the court, the administrative law judge’s order, and any additional testimony needed by the court to determine if it is appropriate to continue medication beyond the 21-day certification and for a period of up to 14 days.
(viii) The district attorney, county counsel, or representative of any facility where a defendant found incompetent to stand trial is committed may petition the court for an order to administer involuntary medication pursuant to the criteria set forth in subclauses (II) and (III) of clause (i) of subparagraph (B). The order is reviewable as provided in paragraph (7).
(3) When the court orders that the defendant be committed to the State Department of State Hospitals or other public or private treatment facility, the court shall provide copies of the following documents prior to the admission of the defendant to the State Department of State Hospitals or other treatment facility where the defendant is to be committed:
(A) The commitment order, including a specification of the charges.
(B) A computation or statement setting forth the maximum term of commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation reports.
(G) The community program director’s placement recommendation report.
(H) Records of any finding of mental incompetence pursuant to this chapter arising out of a complaint charging a felony offense specified in Section 290 or any pending Section 1368 proceeding arising out of a charge of a Section 290 offense.
(I) Any medical records.
(4) When the defendant is committed to a treatment facility pursuant to clause (i) of subparagraph (B) of paragraph (1) or the court makes the findings specified in clause (ii) or (iii) of subparagraph (B) of paragraph (1) to assign the defendant to a treatment facility other than a state hospital or other secure treatment facility, the court shall order that notice be given to the appropriate law enforcement agency or agencies having local jurisdiction at the site of the placement facility of any finding of mental incompetence pursuant to this chapter arising out of a charge of a Section 290 offense.
(5) When directing that the defendant be confined in a state hospital pursuant to this subdivision, the court shall commit the patient to the State Department of State Hospitals.
(6) (A) If the defendant is committed or transferred to the State Department of State Hospitals pursuant to this section, the court may, upon receiving the written recommendation of the medical director of the state hospital and the community program director that the defendant be transferred to a public or private treatment facility approved by the community program director, order the defendant transferred to that facility. If the defendant is committed or transferred to a public or private treatment facility approved by the community program director, the court may, upon receiving the written recommendation of the community program director, transfer the defendant to the State Department of State Hospitals or to another public or private treatment facility approved by the community program director. In the event of dismissal of the criminal charges before the defendant recovers competence, the person shall be subject to the applicable provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). If either the defendant or the prosecutor chooses to contest either kind of order of transfer, a petition may be filed in the court for a hearing, which shall be held if the court determines that sufficient grounds exist. At the hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same standards as are used in conducting probation revocation hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the community program director or a designee.
(B) If the defendant is initially committed to the State Department of State Hospitals or secure treatment facility pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (1) and is subsequently transferred to any other facility, copies of the documents specified in paragraph (3) shall be taken with the defendant to each subsequent facility to which the defendant is transferred. The transferring facility shall also notify the appropriate law enforcement agency or agencies having local jurisdiction at the site of the new facility that the defendant is a person subject to clause (ii) or (iii) of subparagraph (B) of paragraph (1).
(7) (A) An order by the court authorizing involuntary medication of the defendant shall be valid for no more than one year. The court shall review the order at the time of the review of the initial report and the six-month progress reports pursuant to paragraph (1) of subdivision (b) to determine if the grounds for the authorization remain. In the review, the court shall consider the reports of the treating psychiatrist or psychiatrists and the defendant’s patients’ rights advocate or attorney. The court may require testimony from the treating psychiatrist or psychiatrists and the patients’ rights advocate or attorney, if necessary. The court may continue the order authorizing involuntary medication for up to another six months, or vacate the order, or make any other appropriate order.
(B) Within 60 days before the expiration of the one-year involuntary medication order, the district attorney, county counsel, or representative of any facility where a defendant found incompetent to stand trial is committed may petition the committing court for a renewal, subject to the same conditions and requirements as in subparagraph (A). The petition shall include the basis for involuntary medication set forth in clause (i) of subparagraph (B) of paragraph (2). Notice of the petition shall be provided to the defendant, the defendant’s attorney, and the district attorney. The court shall hear and determine whether the defendant continues to meet the criteria set forth in clause (i) of subparagraph (B) of paragraph (2). The hearing on any petition to renew an order for involuntary medication shall be conducted prior to the expiration of the current order.
(b) (1) Within 90 days of a commitment made pursuant to subdivision (a), the medical director of the state hospital or other treatment facility to which the defendant is confined shall make a written report to the court and the community program director for the county or region of commitment, or a designee, concerning the defendant’s progress toward recovery of mental competence and whether the administration of antipsychotic medication remains necessary. If the defendant is on outpatient status, the outpatient treatment staff shall make a written report to the community program director concerning the defendant’s progress toward recovery of mental competence. Within 90 days of placement on outpatient status, the community program director shall report to the court on this matter. If the defendant has not recovered mental competence, but the report discloses a substantial likelihood that the defendant will regain mental competence in the foreseeable future, the defendant shall remain in the state hospital or other treatment facility or on outpatient status. Thereafter, at six-month intervals or until the defendant becomes mentally competent, if the defendant is confined in a treatment facility, the medical director of the hospital or person in charge of the facility shall report in writing to the court and the community program director or a designee regarding the defendant’s progress toward recovery of mental competence and whether the administration of antipsychotic medication remains necessary. If the defendant is on outpatient status, after the initial 90-day report, the outpatient treatment staff shall report to the community program director on the defendant’s progress toward recovery, and the community program director shall report to the court on this matter at six-month intervals. A copy of these reports shall be provided to the prosecutor and defense counsel by the court.
(A) If the report indicates that there is no substantial likelihood that the defendant will regain mental competence in the foreseeable future, the committing court shall order the defendant to be returned to the court for proceedings pursuant to paragraph (2) of subdivision (c) no later than 10 days following receipt of the report. The court shall transmit a copy of its order to the community program director or a designee.
(B) If the report indicates that there is no substantial likelihood that the defendant will regain mental competence in the foreseeable future, the medical director of the state hospital or other treatment facility to which the defendant is confined shall do both of the following:
(i) Promptly notify and provide a copy of the report to the defense counsel and the district attorney.
(ii) Provide a separate notification, in compliance with applicable privacy laws, to the committing county’s sheriff that transportation will be needed for the patient.
(2) If the court has issued an order authorizing the treating facility to involuntarily administer antipsychotic medication to the defendant, the reports made pursuant to paragraph (1) concerning the defendant’s progress toward regaining competency shall also consider the issue of involuntary medication. Each report shall include, but is not limited to, all the following:
(A) Whether or not the defendant has the capacity to make decisions concerning antipsychotic medication.
(B) If the defendant lacks capacity to make decisions concerning antipsychotic medication, whether the defendant risks serious harm to his or her physical or mental health if not treated with antipsychotic medication.
(C) Whether or not the defendant presents a danger to others if he or she is not treated with antipsychotic medication.
(D) Whether the defendant has a mental illness for which medications are the only effective treatment.
(E) Whether there are any side effects from the medication currently being experienced by the defendant that would interfere with the defendant’s ability to collaborate with counsel.
(F) Whether there are any effective alternatives to medication.
(G) How quickly the medication is likely to bring the defendant to competency.
(H) Whether the treatment plan includes methods other than medication to restore the defendant to competency.
(I) A statement, if applicable, that no medication is likely to restore the defendant to competency.
(3) After reviewing the reports, the court shall determine whether or not grounds for the order authorizing involuntary administration of antipsychotic medication still exist and shall do one of the following:
(A) If the original grounds for involuntary medication still exist, the order authorizing the treating facility to involuntarily administer antipsychotic medication to the defendant shall remain in effect.
(B) If the original grounds for involuntary medication no longer exist, and there is no other basis for involuntary administration of antipsychotic medication, the order for the involuntary administration of antipsychotic medication shall be vacated.
(C) If the original grounds for involuntary medication no longer exist, and the report states that there is another basis for involuntary administration of antipsychotic medication, the court shall set a hearing within 21 days to determine whether the order for the involuntary administration of antipsychotic medication shall be vacated or whether a new order for the involuntary administration of antipsychotic medication shall be issued. The hearing shall proceed as set forth in subparagraph (B) of paragraph (2) of subdivision (a).
(4) Any defendant who has been committed or has been on outpatient status for 18 months and is still hospitalized or on outpatient status shall be returned to the committing court where a hearing shall be held pursuant to the procedures set forth in Section 1369. The court shall transmit a copy of its order to the community program director or a designee.
(5) If it is determined by the court that no treatment for the defendant’s mental impairment is being conducted, the defendant shall be returned to the committing court. The court shall transmit a copy of its order to the community program director or a designee.
(6) At each review by the court specified in this subdivision, the court shall determine if the security level of housing and treatment is appropriate and may make an order in accordance with its determination. If the court determines that the defendant shall continue to be treated in the state hospital or on an outpatient basis, the court shall determine issues concerning administration of antipsychotic medication, as set forth in subparagraph (B) of paragraph (2) of subdivision (a).
(c) (1) At the end of three years from the date of commitment or a period of commitment equal to the maximum term of imprisonment provided by law for the most serious offense charged in the information, indictment, or misdemeanor complaint, or the maximum term of imprisonment provided by law for a violation of probation or mandatory supervision, whichever is shorter, but no later than 90 days prior to the expiration of the defendant’s term of commitment, a defendant who has not recovered mental competence shall be returned to the committing court. The court shall notify the community program director or a designee of the return and of any resulting court orders.
(2) Whenever any defendant is returned to the court pursuant to paragraph (1) or (4) of subdivision (b) or paragraph (1) of this subdivision and it appears to the court that the defendant is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, the court shall order the conservatorship investigator of the county of commitment of the defendant to initiate conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county that ordered the commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the community program director or a designee, the sheriff and the district attorney of the county in which criminal charges are pending, and the defendant’s counsel of record. The court shall notify the community program director or a designee, the sheriff and district attorney of the county in which criminal charges are pending, and the defendant’s counsel of record of the outcome of the conservatorship proceedings.
(3) If a change in placement is proposed for a defendant who is committed pursuant to subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, the court shall provide notice and an opportunity to be heard with respect to the proposed placement of the defendant to the sheriff and the district attorney of the county in which the criminal charges or revocation proceedings are pending.
(4) If the defendant is confined in a treatment facility, a copy of any report to the committing court regarding the defendant’s progress toward recovery of mental competence shall be provided by the committing court to the prosecutor and to the defense counsel.
(d) With the exception of proceedings alleging a violation of mandatory supervision, the criminal action remains subject to dismissal pursuant to Section 1385. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the community program director or a designee. In a proceeding alleging a violation of mandatory supervision, if the person is not placed under a conservatorship as described in paragraph (2) of subdivision (c), or if a conservatorship is terminated, the court shall reinstate mandatory supervision and may modify the terms and conditions of supervision to include appropriate mental health treatment or refer the matter to a local mental health court, reentry court, or other collaborative justice court available for improving the mental health of the defendant.
(e) If the criminal action against the defendant is dismissed, the defendant shall be released from any commitment ordered under this section, but without prejudice to the initiation of any proceedings that may be appropriate under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(f) As used in this chapter, “community program director” means the person, agency, or entity designated by the State Department of State Hospitals pursuant to Section 1605 of this code and Section 4360 of the Welfare and Institutions Code.
(g) For the purpose of this section, “secure treatment facility” shall not include, except for state mental hospitals, state developmental centers, and correctional treatment facilities, any facility licensed pursuant to Chapter 2 (commencing with Section 1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2 (commencing with Section 1569) of, Division 2 of the Health and Safety Code, or any community board and care facility.
(h) Nothing in this section shall preclude a defendant from filing a petition for habeas corpus to challenge the continuing validity of an order authorizing a treatment facility or outpatient program to involuntarily administer antipsychotic medication to a person being treated as incompetent to stand trial.

SEC. 31.

 Section 1370.6 is added to the Penal Code, to read:

1370.6.
 (a) If a county jail treatment facility is selected by the court pursuant to Section 1370, the department shall provide restoration of competency treatment at the county jail treatment facility and shall provide payment to the county jail treatment facility for the reasonable costs of the bed during the restoration of competency treatment as well as for the reasonable costs of any necessary medical treatment not provided within the county jail treatment facility, unless otherwise agreed to by the department and the facility.
(1) If the county jail treatment facility is able to provide restoration of competency services, upon approval by the department and subject to funding appropriated in the annual Budget Act, the county jail treatment facility may provide those services and the State Department of State Hospitals may provide payment to the county jail treatment facility for the reasonable costs of the bed during the restoration of competency treatment as well as the reasonable costs of providing restoration of competency services and for any necessary medical treatment not provided within the county jail treatment facility, unless otherwise agreed to by the department and the facility.
(2) Transportation to a county jail treatment facility for admission and from the facility upon the filing of a certificate of restoration of competency, or for transfer of a person to another county jail treatment facility or to a state hospital, shall be provided by the committing county unless otherwise agreed to by the department and the facility.
(3) In the event the State Department of State Hospitals and a county jail treatment facility are determined to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under such a contract, each shall indemnify the other to the extent of its comparative fault.
(4) The six-month limitation in Section 1369.1 shall not apply to individuals deemed incompetent to stand trial who are being treated to restore competency within a county jail treatment facility pursuant to this section.
(b) If the community-based residential system is selected by the court pursuant to Section 1370, the State Department of State Hospitals shall provide reimbursement to the community-based residential treatment system for the cost of restoration of competency treatment as negotiated with the State Department of State Hospitals.
(c) The State Department of State Hospitals may provide payment to either a county jail treatment facility or a community-based residential treatment system directly through invoice, or through a contract, at the discretion of the department in accordance with the terms and conditions of the contract or agreement.

SEC. 32.

 Section 6402 of the Penal Code is amended to read:

6402.
 The Department of Corrections and Rehabilitation (CDCR) shall develop policies related to the department’s contraband interdiction efforts for individuals entering CDCR detention facilities. When developed, these policies shall include, but not be limited to, the following specifications:
(a) Application to all individuals, including visitors, all department staff, including executive staff, volunteers, and contract employees.
(b) Use of methods to ensure that profiling is not practiced during random searches or searches of all individuals entering the prison at that time.
(c) Establishment of unpredictable, random search efforts and methods that ensures that no one, except department employees specifically designated to conduct the random search, shall have advance notice of when a random search is scheduled.
(d) All visitors attempting to enter a CDCR detention facility shall be informed that they may refuse to be searched by a passive alert dog.
(e) All visitors attempting to enter a CDCR detention facility who refuse to be searched by a passive alert dog shall be informed of options, including, but not limited to, the availability of a noncontact visit.
(f) All individuals attempting to enter a CDCR detention facility, who have a positive alert for contraband by an electronic drug detection device, a passive alert dog, or other technology, shall be informed of further potential search or visitation options.
(g) Establishment of a method by which an individual may demonstrate an authorized health-related use of a controlled substance when a positive alert is noted by an electronic drug detection device, a passive alert dog, or other technology.
(h) Establishment of specific requirements for additional search options when multiple positive alerts occur on an individual employee within a specified timeframe.
(i) In determining which additional search options to offer visitors and staff, CDCR shall consider the use of full-body scanners.
(j) CDCR shall, within two years of implementation of the policy described in this section, conduct an evaluation of the policy. This evaluation shall include, but not be limited to, the impact of the policy on:
(1) The amount of contraband, including drugs and cellular phones, found in the prisons where the policy was implemented.
(2) The number of staff assaults that occurred in the prisons where the policy was implemented.
(3) The number of serious rules violation reports issued in prisons where the policy was implemented, including any reduction in offender violence.

SEC. 33.

 Section 13600 of the Penal Code is amended to read:

13600.
 (a) (1) The Legislature finds and declares that peace officers of the state correctional system, including youth and adult correctional facilities, fulfill responsibilities that require creation and application of sound selection criteria for applicants and standards for their training prior to assuming their duties. For the purposes of this section, correctional peace officers are peace officers as defined in Section 830.5 and employed or designated by the Department of Corrections and Rehabilitation.
(2) The Legislature further finds that sound applicant selection and training are essential to public safety and in carrying out the missions of the Department of Corrections and Rehabilitation in the custody and care of the state’s offender population. The greater degree of professionalism which will result from sound screening criteria and a significant training curriculum will greatly aid the department in maintaining smooth, efficient, and safe operations and effective programs.
(b) There is within the Department of Corrections and Rehabilitation a Commission on Correctional Peace Officer Standards and Training, hereafter referred to, for purposes of this title, as the CPOST.
(c) (1) The executive board of the CPOST shall be composed of six voting members.
(A) Three members from, appointed by, and representing the management of, the Department of Corrections and Rehabilitation, one of whom shall represent the Division of Juvenile Facilities.
(B) Three members from, and appointed by the Governor upon recommendation by, and representing the membership of, the California Correctional Peace Officers’ Association. Two members shall be rank-and-file persons from State Bargaining Unit 6 and one member shall be supervisory.
(C) Appointments shall be for four years.
(D) Promotion of a member of the CPOST shall invalidate the appointment of that member and shall require the recommendation and appointment of a new member if the member was appointed from rank and file or from supervisory personnel and promoted out of his or her respective rank and file or supervisory position during his or her term on the CPOST.
(2) Each appointing authority shall appoint one alternate member for each regular member who it appoints pursuant to paragraph (1). Every alternate member shall possess the same qualifications as the regular member and shall substitute for, and vote in place of, the regular member whenever he or she is absent.
(d) The rules for voting on the executive board of the CPOST shall be as follows:
(1) Decisions shall be made by a majority vote.
(2) Proxy voting shall not be permitted.
(3) Tentative approval of a decision by the CPOST may be taken by a telephone vote. The CPOST members’ decision shall be documented in writing and submitted to the CPOST for confirmation at the next scheduled CPOST meeting so as to become a part of the permanent record.
(e) The executive board of the CPOST shall adopt rules as it deems necessary for efficient operations, including, but not limited to, the appointment of advisory members for forming whatever committees it deems necessary to conduct its business. These rules shall be in conformance with the State Personnel Board rules and regulations, the Department of Personnel Administration rules and regulations, and the provisions of the State Bargaining Unit 6 memorandum of understanding.
(f) The CPOST shall appoint an executive director.
(g) This section shall remain in effect only until July 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2015, deletes or extends that date.

SEC. 34.

 Section 13600 is added to the Penal Code, to read:

13600.
 (a) (1) The Legislature finds and declares that peace officers of the state correctional system, including youth and adult correctional facilities, fulfill responsibilities that require creation and application of sound selection criteria for applicants and standards for their training prior to assuming their duties. For the purposes of this section, correctional peace officers are peace officers as defined in Section 830.5 and employed or designated by the Department of Corrections and Rehabilitation.
(2) The Legislature further finds that sound applicant selection and training are essential to public safety and in carrying out the missions of the Department of Corrections and Rehabilitation in the custody and care of the state’s offender population. The greater degree of professionalism which will result from sound screening criteria and a significant training curriculum will greatly aid the department in maintaining smooth, efficient, and safe operations and effective programs.
(b) There is within the Department of Corrections and Rehabilitation a Commission on Correctional Peace Officer Standards and Training, hereafter referred to, for purposes of this title, as the CPOST.
(c) (1) The executive board of the CPOST shall be composed of six voting members.
(A) Three members from, appointed by, and representing the management of, the Department of Corrections and Rehabilitation, one of whom shall represent the Division of Juvenile Justice or the Division of Rehabilitative Programs.
(B) Three members from, and appointed by the Governor upon recommendation by, and representing the membership of, the California Correctional Peace Officers’ Association. Two members shall be rank-and-file persons from State Bargaining Unit 6 and one member shall be supervisory.
(C) Appointments shall be for four years.
(D) Promotion of a member of the CPOST shall invalidate the appointment of that member and shall require the recommendation and appointment of a new member if the member was appointed from rank and file or from supervisory personnel and promoted out of his or her respective rank and file or supervisory position during his or her term on the CPOST.
(2) Each appointing authority shall appoint one alternate member for each regular member who it appoints pursuant to paragraph (1). Every alternate member shall possess the same qualifications as a regular member and shall substitute for, and vote in place of, a regular member who was appointed by the same appointing authority whenever a regular member is absent.
(d) The rules for voting on the executive board of the CPOST shall be as follows:
(1) Decisions shall be made by a majority vote.
(2) Proxy voting shall not be permitted.
(3) Tentative approval of a decision by the CPOST may be taken by a telephone vote. The CPOST members’ decision shall be documented in writing and submitted to the CPOST for confirmation at the next scheduled CPOST meeting so as to become a part of the permanent record.
(e) The executive board of the CPOST shall adopt rules as it deems necessary for efficient operations, including, but not limited to, the appointment of advisory members for forming whatever committees it deems necessary to conduct its business. These rules shall be in conformance with the State Personnel Board rules and regulations, the Department of Personnel Administration rules and regulations, and the provisions of the State Bargaining Unit 6 memorandum of understanding.
(f) The executive board shall seek advice from national experts, including university and college institutions and correctional associations, on issues pertaining to adult corrections, juvenile justice, and the training of the Department of Corrections and Rehabilitation staff that are relevant to its mission. To this end, the executive board shall seek information from experts with the most specific knowledge concerning the subject matter.
(g) This section shall be operative on July 1, 2015.

SEC. 35.

 Section 13601 of the Penal Code is amended to read:

13601.
 (a) The CPOST shall develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices. Any standard for selection established under this subdivision shall be subject to approval by the Department of Human Resources. Using the psychological and screening standards approved by the Department of Human Resources, the Department of Human Resources or the Department of Corrections and Rehabilitation shall ensure that, prior to training, each applicant who has otherwise qualified in all physical and other testing requirements to be a peace officer in either a youth or adult correctional facility, is determined to be free from emotional or mental conditions that might adversely affect the exercise of his or her duties and powers as a peace officer pursuant to the standards developed by CPOST.
(b) The CPOST may approve standards for a course in the carrying and use of firearms for correctional peace officers that is different from that prescribed pursuant to Section 832. The standards shall take into consideration the different circumstances presented within the institutional setting from that presented to other law enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of the probationary period for correctional peace officer apprentices shall be determined by the CPOST subject to approval by the State Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The CPOST shall develop, approve, and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for the Department of Corrections and Rehabilitation. When a correctional peace officer is promoted within the department, he or she shall be provided with and be required to complete these secondary training experiences.
(e) The CPOST shall develop, approve, and monitor standards for the training of state correctional peace officers in the department in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the CPOST may confer with, and may avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions.
(g) Notwithstanding the authority of the CPOST, the department shall design and deliver training programs, shall conduct validation studies, and shall provide program support. The CPOST shall monitor program compliance by the department.
(h) The CPOST may disapprove any training courses created by the department pursuant to the standards developed by CPOST if it determines that the courses do not meet the prescribed standards.
(i) The CPOST shall annually submit an estimate of costs to conduct those inquiries and audits as may be necessary to determine whether the department and each of its institutions and parole regions are adhering to the standards developed by the CPOST, and shall conduct those inquiries and audits consistent with the annual Budget Act.
(j) The CPOST shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding the CPOST rules, regulations, standards, or decisions.
(k) This section shall remain in effect only until July 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2015, deletes or extends that date.

SEC. 36.

 Section 13601 is added to the Penal Code, to read:

13601.
 (a) The CPOST shall develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices. Any standard for selection established under this subdivision shall be subject to approval by the Department of Human Resources. Using the psychological and screening standards approved by the Department of Human Resources, the Department of Human Resources or the Department of Corrections and Rehabilitation shall ensure that, prior to training, each applicant who has otherwise qualified in all physical and other testing requirements to be a peace officer the Department of Corrections and Rehabilitation, is determined to be free from emotional or mental conditions that might adversely affect the exercise of his or her duties and powers as a peace officer pursuant to the standards developed by CPOST.
(b) The CPOST may approve standards for a course in the carrying and use of firearms for correctional peace officers that is different from that prescribed pursuant to Section 832. The standards shall take into consideration the different circumstances presented within the institutional setting from that presented to other law enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of the probationary period for correctional peace officer apprentices shall be determined by the CPOST subject to approval by the State Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The CPOST shall develop, approve, and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for the Department of Corrections and Rehabilitation. When a correctional peace officer is promoted within the department, he or she shall be provided with and be required to complete these secondary training experiences.
(e) The CPOST shall develop, approve, and monitor standards for the training of state correctional peace officers in the department in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this section, the CPOST may confer with, and may avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions.
(g) Notwithstanding the authority of the CPOST, the department shall design and deliver training programs, shall conduct validation studies, and shall provide program support. The CPOST shall monitor program compliance by the department.
(h) The CPOST may disapprove any training courses created by the department pursuant to the standards developed by CPOST if it determines that the courses do not meet the prescribed standards. Training may continue with existing curriculum pending resolution.
(i) The CPOST shall annually submit an estimate of costs to conduct those inquiries and audits as may be necessary to determine whether the department and each of its institutions and parole regions are adhering to the standards developed by the CPOST, and shall conduct those inquiries and audits consistent with the annual Budget Act.
(j) The CPOST shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding the CPOST rules, regulations, standards, or decisions.
(k) This section shall become operative July 1, 2015.

SEC. 37.

 Section 13602 of the Penal Code, as amended by Section 19 of Chapter 310 of the Statutes of 2013, is amended to read:

13602.
 (a) The Department of Corrections and Rehabilitation may use the training academy at Galt or the training center in Stockton. The academy at Galt shall be known as the Richard A. McGee Academy. The training divisions, in using the funds, shall endeavor to minimize costs of administration so that a maximum amount of the funds will be used for providing training and support to correctional peace officers while being trained by the department.
(b) Notwithstanding subdivision (a), and pursuant to Section 13602.1, the Department of Corrections and Rehabilitation may use a training academy established for the California City Correctional Center. This academy, in using the funds, shall endeavor to minimize costs of administration so that a maximum amount of the funds will be used for providing training and support to correctional employees who are being trained by the department.
(c) Each new cadet who attends an academy shall complete the course of training, pursuant to standards approved by the CPOST before he or she may be assigned to a post or job as a peace officer. Every newly appointed first-line or second-line supervisor in the Department of Corrections and Rehabilitation shall complete the course of training, pursuant to standards approved by the CPOST for that position.
(d) The Department of Corrections and Rehabilitation shall make every effort to provide training prior to commencement of supervisorial duties. If this training is not completed within six months of appointment to that position, any first-line or second-line supervisor shall not perform supervisory duties until the training is completed.

SEC. 38.

 Section 13602 of the Penal Code, as added by Section 20 of Chapter 310 of the Statutes of 2013, is repealed.

SEC. 39.

 Section 13602.1 of the Penal Code is amended to read:

13602.1.
 The Department of Corrections and Rehabilitation may establish a training academy for correctional peace officers in southern California.

SEC. 40.

 Section 13603 of the Penal Code is amended to read:

13603.
 (a) The Department of Corrections and Rehabilitation shall provide 16 weeks of training to each correctional peace officer cadet. Except as provided by subdivision (b), this training shall be completed by the cadet prior to his or her assignment to a post or position as a correctional peace officer.
(b) If an agreement is reached between the department and the bargaining unit for the correctional peace officers that this subdivision shall apply, and with the approval of the CPOST on how to implement the on-the-job training requirements of this subdivision, the department shall provide a total of 16 weeks of training to each correctional peace officer cadet as follows:
(1) Twelve weeks of the training shall be at the department’s training academy. Cadets shall be sworn in as correctional peace officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is assigned to a post or position.
(c) The department shall provide a minimum of two weeks of training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this section shall remain in effect until training requirements are established by the CPOST pursuant to Section 13602.
(e) This section shall remain in effect only until July 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2015, deletes or extends that date.

SEC. 41.

 Section 13603 is added to the Penal Code, to read:

13603.
 (a) The Department of Corrections and Rehabilitation shall provide 480 hours of training to each correctional peace officer cadet. This training shall be completed by the cadet prior to his or her assignment to a post or position as a correctional peace officer.
(b) The CPOST shall determine the on-the-job training requirements for correctional peace officers.
(c) The department shall provide a minimum of two weeks of training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this section shall remain in effect until training requirements are established by the CPOST pursuant to Section 13602.
(e) This section shall become operative July 1, 2015.

SEC. 42.

 Section 42008.8 is added to the Vehicle Code, to read:

42008.8.
 (a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:
(1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.
(2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.
(3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.
(4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.
(b) A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (e) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following:
(1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.
(3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code.
(4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.
(5) Criminal conviction assessments pursuant to Section 70373 of the Government Code.
(d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.
(e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:
(1) The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(2) The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program.
(4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.
(f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.
(g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met:
(1) The violation is an infraction violation filed with the court.
(2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).
(3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.
(4) The initial due date for payment of the fine or bail was on or before January 1, 2013.
(5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.
(6) The person does not owe victim restitution on any case within the county.
(7) The person is not currently making payments to a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code.
(h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).
(2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).
(i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following:
(1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant.
(2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan.
(3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.
(4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.
(5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:
(A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.
(B) Posting on the department’s Internet Web site information regarding the amnesty program.
(C) Personnel costs associated with the amnesty program.
(j) No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(k) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.
(2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:
(A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.
(B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:
(i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund.
(ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.
(l) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.

SEC. 43.

 Section 3313 is added to the Welfare and Institutions Code, to read:

3313.
 (a) The Department of Finance and the Department of Corrections and Rehabilitation shall release a report that provides an updated comprehensive plan for the state prison system, including a permanent solution to the decaying infrastructure of the California Rehabilitation Center. The report shall be submitted with the Governor’s 2016–17 Budget to the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, and the Joint Legislative Budget Committee.
(b) The Legislature finds and declares that given the reduction in the prison population, further investment in building additional prisons is unnecessary at this time, and that the California Rehabilitation Center may be closed without jeopardizing the court-ordered prison population cap.

SEC. 44.

 Section 4023.6 is added to the Welfare and Institutions Code, to read:

4023.6.
 (a) The Office of Law Enforcement Support within the California Health and Human Services Agency shall investigate both of the following:
(1) Any incident at a developmental center or state hospital that involves developmental center or state hospital law enforcement personnel and that meets the criteria in Section 4023 or 4427.5, or alleges serious misconduct by law enforcement personnel.
(2) Any incident at a developmental center or state hospital that the Chief of the Office of Law Enforcement Support, the Secretary of the California Health and Human Services Agency, or the Undersecretary of the California Health and Human Services Agency directs the office to investigate.
(b) All incidents that meet the criteria of Section 4023 or 4427.5 shall be reported immediately to the Chief of the Office of Law Enforcement Support by the Chief of the facility’s Office of Protective Services.
(c) (1) Before adopting policies and procedures related to fulfilling the requirements of this section related to the Developmental Centers Division of the State Department of Developmental Services, the Office of Law Enforcement Support shall consult with the executive director of the protection and advocacy agency established by Section 4901, or his or her designee; the Executive Director of the Association of Regional Center Agencies, or his or her designee; and other advocates, including persons with developmental disabilities and their family members, on the unique characteristics of the persons residing in the developmental centers and the training needs of the staff who will be assigned to this unit.
(2) Before adopting policies and procedures related to fulfilling the requirements of this section related to the State Department of State Hospitals, the Office of Law Enforcement Support shall consult with the executive director of the protection and advocacy agency established by Section 4901, or his or her designee, and other advocates, including persons with mental health disabilities, former state hospital residents, and their family members.

SEC. 45.

 Section 4023.7 is added to the Welfare and Institutions Code, to read:

4023.7.
 (a) The Office of Law Enforcement Support shall be responsible for contemporaneous oversight of investigations that (1) are conducted by the State Department of State Hospitals and involve an incident that meets the criteria of Section 4023, and (2) are conducted by the State Department of Developmental Services and involve an incident that meets the criteria of Section 4427.5.
(b) Upon completion of a review, the Office of Law Enforcement Support shall prepare a written incident report, which shall be held as confidential.

SEC. 46.

 Section 4023.8 is added to the Welfare and Institutions Code, to read:

4023.8.
 (a) (1) Commencing October 1, 2016, the Office of Law Enforcement Support shall issue regular reports, no less than semiannually, to the Governor, the appropriate policy and budget committees of the Legislature, and the Joint Legislative Budget Committee, summarizing the investigations it conducted pursuant to Section 4023.6 and its oversight of investigations pursuant to Section 4023.7. Reports encompassing data from January through June, inclusive, shall be made on October 1 of each year, and reports encompassing data from July to December, inclusive, shall be made on March 1 of each year.
(2) The reports required by paragraph (1) shall include, but not be limited to, all of the following:
(A) The number, type, and disposition of investigations of incidents.
(B) A synopsis of each investigation reviewed by the Office of Law Enforcement Support.
(C) An assessment of the quality of each investigation, the appropriateness of any disciplinary actions, the Office of Law Enforcement Support’s recommendations regarding the disposition in the case and the level of disciplinary action, and the degree to which the agency’s authorities agreed with the Office of Law Enforcement Support’s recommendations regarding disposition and level of discipline.
(D) The report of any settlement and whether the Office of Law Enforcement Support concurred with the settlement.
(E) The extent to which any disciplinary action was modified after imposition.
(F) Timeliness of investigations and completion of investigation reports.
(G) The number of reports made to an individual’s licensing board, including, but not limited to, the Medical Board of California, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, or the California State Board of Pharmacy, in cases involving serious or criminal misconduct by the individual.
(H) The number of investigations referred for criminal prosecution and employee disciplinary action and the outcomes of those cases.
(I) The adequacy of the State Department of State Hospitals’ and the Developmental Centers Division of the State Department of Developmental Services’ systems for tracking patterns and monitoring investigation outcomes and employee compliance with training requirements.
(3) The reports required by paragraph (1) shall be in a form that does not identify the agency employees involved in the alleged misconduct.
(4) The reports required by paragraph (1) shall be posted on the Office of Law Enforcement Support’s Internet Web site and otherwise made available to the public upon their release to the Governor and the Legislature.
(b) The protection and advocacy agency established by Section 4901 shall have access to the reports issued pursuant to paragraph (1) of subdivision (a) and all supporting materials except personnel records.

SEC. 47.

 Section 4117 of the Welfare and Institutions Code is amended to read:

4117.
 (a) Whenever a trial is had of any person charged with escape or attempt to escape from a state hospital, whenever a hearing is had on the return of a writ of habeas corpus prosecuted by or on behalf of any person confined in a state hospital except in a proceeding to which Section 5110 applies, whenever a hearing is had on a petition under Section 1026.2, subdivision (b) of Section 1026.5, Section 2966, or Section 2972 of the Penal Code, Section 7361 of this code, or former Section 6316.2 of this code for the release of a person confined in a state hospital, whenever a hearing is had for an order seeking involuntary treatment with psychotropic medication, or any other medication for which an order is required, of a person confined in a state hospital pursuant to Section 2962 of the Penal Code, and whenever a person confined in a state hospital is tried for a crime committed therein, the appropriate financial officer or other designated official of the county in which the trial or hearing is had shall make out a statement of all mental health treatment costs and shall make out a separate statement of all nontreatment costs incurred by the county for investigation and other preparation for the trial or hearing, and the actual trial or hearing, all costs of maintaining custody of the patient and transporting him or her to and from the hospital, and costs of appeal. The statements shall be properly certified by a judge of the superior court of that county. The statement of mental health treatment costs shall be sent to the State Department of State Hospitals and the statement of all nontreatment costs, except as provided in subdivision (c), shall be sent to the Controller for approval. After approval, the department shall cause the amount of mental health treatment costs incurred on or after July 1, 1987, to be paid to the county mental health director or his or her designee where the trial or hearing was held out of the money appropriated for this purpose by the Legislature. In addition, the Controller shall cause the amount of all nontreatment costs incurred on and after July 1, 1987, to be paid out of the money appropriated by the Legislature, to the county treasurer of the county where the trial or hearing was had.
(b) Commencing January 1, 2012, the nontreatment costs associated with Section 2966 of the Penal Code and approved by the Controller, as required by subdivision (a), shall be paid by the Department of Corrections and Rehabilitation pursuant to Section 4750 of the Penal Code.
(c) The nontreatment costs associated with any hearing for an order seeking involuntary treatment with psychotropic medication, or any other medication for which an order is required, of a person confined in a state hospital pursuant to Section 1026, 1026.5, or 2972 of the Penal Code, as provided in subdivision (a), shall be paid by the county of commitment. As used in this subdivision, “county of commitment” means the county seeking the continued treatment of a mentally disordered offender pursuant to Section 2972 of the Penal Code or the county committing a patient who has been found not guilty by reason of insanity pursuant to Section 1026 or 1026.5 of the Penal Code. The appropriate financial officer or other designated official of the county in which the proceeding is held shall make out a statement of all of the costs incurred by the county for the investigation, preparation, and conduct of the proceedings, and the costs of appeal, if any. The statement shall be certified by a judge of the superior court of the county. The statement shall then be sent to the county of commitment, which shall reimburse the county providing the services.
(d) (1) Whenever a hearing is held pursuant to Section 1604, 1608, 1609, or 2966 of the Penal Code, all transportation costs to and from a state hospital or a facility designated by the community program director during the hearing shall be paid by the Controller as provided in this subdivision. The appropriate financial officer or other designated official of the county in which a hearing is held shall make out a statement of all transportation costs incurred by the county. The statement shall be properly certified by a judge of the superior court of that county and sent to the Controller for approval. The Controller shall cause the amount of transportation costs incurred on and after July 1, 1987, to be paid to the county treasurer of the county where the hearing was had out of the money appropriated by the Legislature.
(2) As used in this subdivision, “community program director” means the person designated pursuant to Section 1605 of the Penal Code.

SEC. 48.

 Section 4143 of the Welfare and Institutions Code is amended to read:

4143.
 (a) Commencing July 1, 2015, and subject to available funding, the State Department of State Hospitals may establish and maintain pilot enhanced treatment programs (ETPs), as defined in Section 1265.9 of the Health and Safety Code, and evaluate the effectiveness of intensive, evidence-based clinical therapy and treatment of patients described in Section 4144.
(b) At least 60 days prior to activating an ETP, the State Department of State Hospitals shall submit written draft policies and procedures that will guide the operation of the ETP, including, but not limited to, admittance criteria, staffing levels, services to be provided to patients, a transition planning process, and training requirements, to the appropriate policy and fiscal committees of the Legislature and to the Joint Legislative Budget Committee.

SEC. 49.

 Item 0250-101-3259 of Section 2.00 of the Budget Act of 2014 is amended to read:
0250-101-3259—For local assistance, Judicial Branch, payable from the Recidivism Reduction Fund ........................
15,000,000
Schedule:
(1)Program 45.10-Support for Operation of the Trial Courts ........................ 15,000,000
Provisions:
1.Funds appropriated in this item shall be used for the establishment or ongoing operation and staffing of programs known to reduce recidivism and enhance public safety, including collaborative courts that serve moderate and high-risk adult criminal offenders, pretrial programs, and the use of risk and needs assessment instruments at sentencing of felony offenders subject to local supervision.
2.Funds shall be designated for a competitive grant program developed and administered by the Judicial Council and shall be used to support the administration and operation of programs and practices known to reduce offender recidivism including the use of risk and needs assessments, evidence-based practices, and programs that specifically address the needs of mentally ill and drug addicted offenders.
3.Participating courts shall submit a joint application on behalf of the court, county, and other local justice system partners that clearly details the initiative for which funding is sought; the associated staffing activities, programs, and services to be delivered by the partner organizations; and how the grant program will cover those costs.
4.In consultation with the California Department of Corrections and Rehabilitation and the Chief Probation Officers of California, the Judicial Council shall establish performance based outcome measures appropriate for each program including, but not limited to, the number of offenders participating in these programs who fail to appear, are revoked to county jail or state prison, or commit new crimes and are sentenced to county jail or state prison. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.
5.Annually, the Judicial Council shall report aggregate level data related to these programs to the Department of Finance and the Joint Legislative Budget Committee. The first report shall include information related to the establishment and operation of the grantee programs. The Judicial Council shall provide a report to the Joint Legislative Budget Committee and the Department of Finance that addresses the effectiveness of the programs based on the reports of the established outcome measures described in Provision 4 and the impact of the moneys appropriated pursuant to this act to enhance public safety and improve offender outcomes four years after the grants are awarded. Five percent of the funds shall be designated to the Judicial Council for the administration of the program, including the collection and analysis of data from the grantee courts, the California Department of Corrections and Rehabilitation, and local justice system partners; the provision of technical and legal assistance to the courts; and evaluation of the program. Funds appropriated in this item may be encumbered and expended until June 30, 2017, after which any unexpended funds shall revert to the General Fund.

SEC. 50.

 Item 5227-491 is added to Section 2.00 of the Budget Act of 2014, to read:
5227-491—Reappropriation, Board of State and Community Corrections. The balances of the appropriations provided in the following citations are reappropriated for the purpose provided for in those appropriations and shall be available for encumbrance of expenditure until June 30, 2016, except as noted below:
3259—Recidivism Reduction Fund
(1)Item 5227-101-3259, Budget Act of 2014 (Chs. 25 and 663, Stats. 2014). The balance of the $900,000 appropriation to administer the mentally ill offender crime reduction grants, as provided in Chapter 26 of the Statutes of 2014, shall be available for encumbrance or expenditure until June 30, 2017.

SEC. 51.

 The Legislature finds and declares that Section 45 of this act, which adds Section 4023.7 to the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect patient confidentiality, it is necessary that the records prepared pursuant to this act be held as confidential and only disclosed pursuant to the requirements set forth in this act.

SEC. 52.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other 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.

SEC. 53.

 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.