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SB-1054 Pretrial release and detention: pretrial services.(2017-2018)

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Date Published: 10/01/2018 09:00 PM
SB1054:v96#DOCUMENT

Senate Bill No. 1054
CHAPTER 980

An act to amend Sections 1320.10 and 1320.26 of the Penal Code, relating to pretrial release and detention.

[ Approved by Governor  September 30, 2018. Filed with Secretary of State  September 30, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1054, Hertzberg. Pretrial release and detention: pretrial services.
(1) Existing law, as proposed by SB 10 of the 2017–18 Regular Session, commencing October 1, 2019, requires persons arrested and detained to be subject to a pretrial risk assessment conducted by Pretrial Assessment Services, defined as an entity, division, or program that is assigned the responsibility to assess the risk level of persons charged with the commission of a crime, report the results of the risk determination to the court, and make recommendations for conditions of release of individuals pending adjudication of their criminal case. SB 10 requires the courts to establish pretrial assessment services and authorizes those services to be performed by court employees or through a contract with a local public agency, as specified. SB 10 provides that if no local agency will agree to perform the pretrial assessments, and if the court elects not to perform the assessments, the court may contract with a new local pretrial assessment services agency established specifically to perform the role. SB 10 requires pretrial assessment services to be performed by public employees.
This bill, notwithstanding the requirement that pretrial assessment services be performed by public employees, would authorize, until January 1, 2023, a qualified local public agency in the City and County of San Francisco to contract with the existing not-for-profit entity that is performing pretrial services in the city and county to provide continuity and sufficient time to transition the entity’s employees into public employment.
(2) SB 10 authorizes Pretrial Assessment Services to release a person assessed as being a low risk, as defined, on his or her own recognizance, and additionally requires superior courts to adopt rules authorizing Pretrial Assessment Services to release persons assessed as being a medium risk, as defined, on his or her own recognizance. However, SB 10 prohibits Pretrial Assessment Services from releasing persons who meet specified conditions, including, among others, tier 2 sex offenders subject to registration for a minimum of 20 years and tier 3 sex offenders subject to lifetime registration.
This bill would provide that if SB 10 of the 2017–18 Regular Session becomes operative, the release prohibitions described above would be expanded to additionally include persons convicted of sex crimes and certain other offenses subject to the Sex Offender Registration Act, as specified. By increasing the length of time certain persons remain in county jails, this bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1320.10 of the Penal Code, as proposed to be added by Senate Bill 10 of the 2017–18 Regular Session, is amended to read:

1320.10.
 (a) Pretrial Assessment Services shall conduct a prearraignment review of the facts and circumstances relevant to the arrested person’s custody status, and shall consider any relevant and available information provided by law enforcement, the arrested person, any victim, and the prosecution or defense.
(b) Pretrial Assessment Services, using the information obtained pursuant to this section and Section 1320.9, and having assessed a person as having a low risk to public safety and low risk of failure to appear in court, shall release a low risk person on his or her own recognizance, prior to arraignment, without review by the court, and with the least restrictive nonmonetary condition or combination of conditions that will reasonably assure public safety and the person’s return to court. This subdivision does not apply to a person booked and released under Section 1320.8 or a person who is ineligible for consideration for release prior to arraignment as set forth in subdivision (e).
(c) Pretrial Assessment Services shall order the release or detention of medium risk persons in accordance with the review and release standards set forth in the local rule of court authorized under Section 1320.11. A person released pursuant to the local rule of court shall be released on his or her own recognizance or on supervised own recognizance release, prior to arraignment, without review by the court, and with the least restrictive nonmonetary condition or combination of conditions that will reasonably assure public safety and the person’s return to court. This subdivision shall not apply to a person booked and released under Section 1320.8 or a person ineligible for consideration prior to arraignment pursuant to subdivision (e) of this section. Pursuant to Section 1320.13, courts may conduct prearraignment reviews and make release decisions and may authorize subordinate judicial officers to conduct prearraignment reviews and make release decisions authorized by this chapter.
(d) A person shall not be required to pay for any nonmonetary condition or combination of conditions imposed pursuant to this section.
(e) Notwithstanding subdivisions (a) and (b), Pretrial Assessment Services shall not release:
(1) A person who has been assessed in the current case by Pretrial Assessment Services using a validated risk assessment tool pursuant to Section 1320.9 and is assessed as high risk.
(2) A person arrested for an offense listed in Section 290.
(3) A person arrested for any of the following misdemeanor offenses:
(A) A violation of Section 273.5.
(B) A violation of paragraph (1) of subdivision (e) of Section 243.
(C) A violation of Section 273.6 if the detained person is alleged to have made threats to kill or harm, engaged in violence against, or gone to the residence or the workplace of, the protected party.
(D) A violation of Section 646.9.
(4) A person arrested for a felony offense that includes, as an element of the crime for which the person was arrested, physical violence to another person, the threat of such violence, or the likelihood of great bodily injury, or a felony offense in which the person is alleged to have been personally armed with or personally used a deadly weapon or firearm in the commission of the crime, or alleged to have personally inflicted great bodily injury in the commission of the crime.
(5) A person arrested for a third offense within the past 10 years of driving under the influence of alcohol or drugs or any combination thereof, or for an offense of driving under the influence of alcohol or drugs with injury to another, or for an offense of driving with a blood alcohol level of .20 or above.
(6) A person arrested for a violation of any type of restraining order within the past five years.
(7) A person who has three or more prior warrants for failure to appear within the previous 12 months.
(8) A person who, at the time of arrest, was pending trial or pending sentencing for a misdemeanor or a felony.
(9) A person who, at the time of arrest, was on any form of postconviction supervision other than informal probation or court supervision.
(10) A person who has intimidated, dissuaded, or threatened retaliation against a witness or victim of the current crime.
(11) A person who has violated a condition of pretrial release within the past five years.
(12) A person who has been convicted of a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, within the past five years.
(13) A person arrested with or without a warrant for a serious felony, as defined in subdivision (c) of Section 1192.7, or a “violent felony,” as defined in subdivision (c) of Section 667.5.
(f) Review of the person’s custody status and release pursuant to subdivision (b) or (c) shall occur without unnecessary delay, and no later than 24 hours of the person’s booking. The 24-hour period may be extended for good cause, but shall not exceed an additional 12 hours.
(g) A person shall not be released on his or her own recognizance in accordance with subdivision (b) or (c) until the person signs a release agreement that includes, at a minimum, all of the following from the person:
(1) A promise to appear at all times and places, as ordered by the court.
(2) A promise not to depart this state without the permission of the court.
(3) Agreement to waive extradition if the person fails to appear as required and is apprehended outside of the State of California.
(4) Acknowledgment that he or she has been informed of the consequences and penalties applicable to violation of these conditions of release.
(5) Agreement to obey all laws and orders of the court.
(h) Persons not released pursuant to this section shall be detained until arraignment unless the court provides prearraignment review pursuant to Section 1320.13.

SEC. 2.

 Section 1320.26 of the Penal Code, as proposed to be added by Senate Bill 10 of the 2017–18 Regular Session, is amended to read:

1320.26.
 (a) The courts shall establish pretrial assessment services. The services may be performed by court employees or the court may contract for those services with a qualified local public agency with relevant experience.
(b) Before the court decides to not enter into a contract with a qualified local public agency, the court shall find that agency will not agree to perform this function with the resources available or does not have the capacity to perform the function.
(c) If no qualified local agency will agree to perform this pretrial assessment function for a superior court, and the court elects not to perform this function, the court may contract with a new local pretrial assessment services agency established to specifically perform this role.
(d) For the purpose of the provision of pretrial assessment services, the court may not contract with a qualified local public agency that has primary responsibility for making arrests and detentions within the jurisdiction.
(e) Pretrial assessment services shall be performed by public employees.
(f) Notwithstanding subdivision (i), the Superior Court of the County of Santa Clara may contract with the Office of Pretrial Services of the County of Santa Clara to provide pretrial assessment services within the County of Santa Clara and that office shall be eligible for funding allocations pursuant to subdivision (c) of Section 1320.27 and Section 1320.28.
(g) Notwithstanding subdivision (e), until January 1, 2023, a qualified local public agency in the City and County of San Francisco may contract with the existing not-for-profit entity that is performing pretrial services in the city and county for pretrial assessment services to provide continuity and sufficient time to transition the entity’s employees into public employment.
(h) On or before February 1, 2019, the presiding judge of the superior court and the chief probation officer of each county, or the director of the County of Santa Clara’s Office of Pretrial Services for that county, shall submit to the Judicial Council a letter confirming their intent to contract for pretrial assessment services pursuant to this section.
(i) For the purposes of this section:
(1) “Pretrial Assessment Services” does not include supervision of persons released under this chapter.
(2) A “qualified local public agency” is one with experience in all of the following:
(A) Relevant expertise in making risk-based determinations.
(B) Making recommendations to the courts pursuant to Section 1203.
(C) Supervising offenders in the community.
(D) Employing peace officers.

SEC. 3.

 This act shall become operative on October 1, 2019, and contingent upon Senate Bill 10 of the 2017–18 Regular Session becoming operative.

SEC. 4.

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