BILL NUMBER: SB 76 CHAPTERED
BILL TEXT
CHAPTER 32
FILED WITH SECRETARY OF STATE JUNE 27, 2013
APPROVED BY GOVERNOR JUNE 27, 2013
PASSED THE SENATE JUNE 14, 2013
PASSED THE ASSEMBLY JUNE 14, 2013
AMENDED IN ASSEMBLY JUNE 13, 2013
AMENDED IN ASSEMBLY JUNE 12, 2013
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2013
An act to amend Sections 29552, 30027.9, 30061, and 30070 of the
Government Code, to amend Sections 1170, 1203.2, 3000.08, 3003, 3451,
and 13821 of, to amend and repeal Section 326.3 of, and to add
Sections 4019.1 and 5003.2 to, the Penal Code, and to amend Sections
1955, 1984, 18220, and 18220.1 of the Welfare and Institutions Code,
relating to public safety, and making an appropriation therefor, to
take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 76, Committee on Budget and Fiscal Review. Public safety.
(1) 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 further establishes the Law Enforcement
Services Account within that fund, and creates the Enhancing Law
Enforcement Activities Subaccount and the Juvenile Justice Subaccount
within the Law Enforcement Services Account.
Existing law, commencing with the 2012-13 fiscal year, allocates
specified funds from the Enhancing Law Enforcement Activities
Subaccount to local governments, including to cities and counties
that charge fees to a city, special district, community college
district, college, or university for the booking or detention of a
person arrested and brought to a detention facility of the city or
county, as specified. Existing law also allocates certain percentages
of the moneys deposited in the subaccount as follows: 3.78% to
county sheriffs' departments to enhance law enforcement efforts in
specified counties; 8.35% for use by the California
Multi-Jurisdictional Methamphetamine Enforcement Teams, Multi-Agency
Gang Enforcement Consortium, Sexual Assault Felony Enforcement Teams,
High Technology Theft Apprehension and Prosecution Program, Gang
Violence Suppression Program, and the Central Valley and Central
Coast Rural Crime Prevention Programs, as specified; 30.99% to
specified counties to serve children who are habitual truants,
runaways, at risk of being wards of the court, or under juvenile
court supervision or supervision of the probation department, as
prescribed; and 6.01% to counties that operate juvenile camps and
ranches, based on the number of beds in each camp.
Existing law requires each county to establish in the county
treasury a Supplemental Law Enforcement Services Account for the
receipt of all amounts allocated to a county for specified local law
enforcement purposes, including jail construction and operation,
criminal prosecution, and juvenile justice plans. Existing law
requires the Controller to allocate funds to local jurisdictions for
these purposes as annually calculated by the Director of Finance.
Existing law establishes the Youthful Offender Block Grant Special
Account in the Juvenile Justice Subaccount, and requires that
allocations from that account be used to enhance the capacity of
county departments to provide appropriate rehabilitative and
supervision services to youthful offenders. Existing law requires
that these funds be allocated in 4 equal installments, to be paid in
September, December, March, and June, pursuant to a specified
formula.
Existing law establishes the Juvenile Reentry Grant Special
Account in the Juvenile Justice Subaccount and requires that its
funds be allocated for the purpose of providing for the local
supervision of persons discharged from the custody of the Division of
Juvenile Facilities. Existing law requires that the amount allocated
to each county probation department from that account be distributed
in 2 equal payments to be paid on October 30 and May 30 of each
fiscal year pursuant to specified criteria.
This bill would require the Controller to allocate funds from the
above-described accounts for those same purposes and in the same
amounts, but would require that the allocations be made in monthly
installments.
(2) Existing law establishes the Law Enforcement Services Growth
Subaccount within the Local Revenue Fund 2011 in the State Treasury.
Existing law requires the Controller, in the 2012-13 fiscal year, to
allocate funds from the Law Enforcement Services Growth Subaccount to
specified accounts relating to criminal justice.
This bill would instead require the Controller to make those
allocations commencing with the 2012-13 fiscal year.
(3) The California Constitution allows the Legislature, by
statute, to authorize cities and counties to provide for bingo games
for charitable purposes. Existing law authorizes cities and counties
to permit eligible nonprofit organizations to conduct bingo games and
remote caller bingo games, as defined, for charitable purposes
pursuant to an ordinance that allows those games to be conducted in
accordance with specified requirements. Existing law requires the
California Gambling Control Commission to regulate remote caller
bingo, including licensure and operation. Existing law requires any
person who conducts a remote caller bingo game to be licensed.
Existing law requires the commission to approve all equipment used
for remote caller bingo in advance, to monitor operation of the
transmission and other equipment used for remote caller bingo, and to
monitor the game. Existing law requires the Department of Justice to
conduct background investigations and conduct field enforcement as
it relates to remote caller bingo consistent with existing law and as
specified in regulations promulgated by the commission.
Existing law and the Governor's Reorganization Plan No. 2 of 2012
(GRP 2), effective on July 3, 2012, and operative on July 1, 2013,
consolidates the support, investigatory, auditing, and compliance
functions of the California Gambling Control Commission and transfers
these duties to the Department of Justice. The commission retains
jurisdiction over the licensing, policies, regulations, criteria, and
standards pertaining to gaming.
This bill would additionally require the licensure of any person
who contracts to conduct remote caller bingo on behalf of an
authorized organization or who is identified as having fiduciary
responsibility of the game. The bill would establish an annual
licensing fee in an amount determined by the department, not to
exceed the reasonable regulatory costs to the department and in
accordance with regulations adopted by the department. The bill would
require that prior to the adoption of regulations, the nonrefundable
license fee would be the amount of the reasonable regulatory costs
to the department not to exceed $3,000, for any person or entity that
directly or indirectly manufactures, distributes, supplies, vends,
leases, or otherwise provides supplies, devices, services, or other
equipment designed for use in the playing of a remote caller bingo
game by any nonprofit organization. The bill would require the
department to conduct any background investigation related to remote
caller bingo in accordance with existing law and as specified in
regulations promulgated by the commission or the department.
This bill would reallocate additional functions among the
commission and the department with regard to remote caller bingo. The
bill would require a remote caller bingo site, for each
participating remote caller bingo site, to notify the department and
local law enforcement of its intent to conduct a game, rather than
the commission. The bill would require all equipment used for remote
caller bingo to be certified as compliant with specified regulations
by a manufacturing expert recognized by the department. The bill
would require equipment certifications to be submitted to the
department prior to the equipment's use. The bill would also
authorize the department, rather than the commission, to monitor the
operation of the transmission and other equipment used for remote
caller bingo, and to monitor the game. The bill would transfer the
auditing functions of the commission to the department, as those
functions relate to remote caller bingo. The bill would also make
various technical, nonsubstantive conforming changes to further
reflect GRP 2.
Existing law authorizes certain loans from the Gambling Control
Fund to the California Bingo Fund to fund operating, personnel, and
other startup costs incurred by the commission related to remote
caller bingo. Existing law requires these loans to be repaid no later
than 5 years after the date of the loan. Existing law requires that
funds from the California Bingo Fund be available to the commission
upon appropriation by the Legislature in the annual Budget Act.
Existing law also authorizes the commission to assess and collect
reasonable fees and deposits as necessary to defray the costs of
regulation and oversight.
This bill would require the previously described loans to the
California Bingo Fund to be repaid by July 1, 2019. The bill would
require funds from the California Bingo Fund be available to both the
commission and the department upon appropriation by the Legislature
in the annual Budget Act. The bill would additionally authorize the
department to assess and collect reasonable fees and deposits to
defray the costs of regulation and oversight.
This bill would make these provisions inoperative on July 1, 2016,
and would repeal the remote caller bingo program as of January 1,
2017.
(4) Existing law defines a felony as a crime that is punishable by
death, imprisonment in the state prison, or imprisonment in a county
jail for a term greater than one year, as specified. Existing law
also provides exceptions to imprisonment in a county jail for a
variety of felonies, including serious or violent felonies and any
felony for which registration as a sex offender is required, among
other exceptions.
Existing law provides that, when a court commits a person to
county jail for a felony, the portion of a defendant's sentenced term
during which time he or she is supervised by the county probation
officer is known as mandatory supervision.
This bill would specify that mandatory supervision begins upon
release from custody. By increasing the duties of county probation
officers, the bill would impose a state-mandated local program.
(5) Existing law generally requires that all persons released from
prison on and after October 1, 2011, after serving a prison term for
a felony, be subject to postrelease community supervision provided
by a county agency for a period of 3 years immediately following
release, except for persons released after serving a term for a
serious felony, a violent felony, an offense for which the person was
sentenced pursuant to the "Three Strikes" law, a crime where the
person is classified as a high-risk sex offender, or a crime where
the person is required to undergo treatment by the State Department
of State Hospitals because the person has a severe mental disorder.
Existing law requires these persons to be subject to parole
supervision by the Department of Corrections and Rehabilitation
following release from state prison and the jurisdiction of the court
in the county in which the parolee is released or resides for the
purpose of hearing petitions to revoke parole and impose a term of
custody.
This bill would require persons subject to parole supervision to
additionally be subject to the jurisdiction of the court in the
county in which the alleged violation of supervision occurred for the
purpose of hearing petitions to revoke parole and impose a term of
custody. The bill would make conforming changes.
This bill would also require a person released to parole to remain
on parole after having served 60 days on parole, regardless of a
subsequent determination that the person should have been released to
postrelease community supervision. The bill would likewise require a
person released to postrelease community supervision to remain on
postrelease community supervision after having served 60 days on
postrelease community supervision, regardless of a subsequent
determination that the person should have been released to parole.
By requiring county agencies to supervise persons on postrelease
community supervision who should have been released to parole, this
bill would impose a state-mandated local program.
(6) Existing law provides for postrelease community supervision by
county officials for persons convicted of certain specified felonies
upon release from the state prison or a county jail. Existing law
requires the Department of Corrections and Rehabilitation to release
prescribed information to local law enforcement agencies regarding a
paroled inmate or inmate placed on postrelease supervision, including
the inmate's name, contact information, description, and the offense
or offenses for which the inmate was incarcerated.
This bill would require the department to electronically transmit
to the county agency responsible for postrelease community
supervision the inmate's tuberculosis status, specific medical,
mental health, and outpatient clinic needs, and any medical concerns
or disabilities for the purpose of identifying the medical and mental
health needs of the individual. The bill would require the
information to be transferred in conformity with specified federal
laws, including the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA). Operation of the bill would be
conditional on the Secretary of the United States Department of
Health and Human Services, or his or her designee, determining that
this provision is not preempted by HIPAA.
(7) Under existing law, when a prisoner is confined to county
jail, an industrial farm, or a road camp, for each 4-day period in
which he or she is confined, he or she may have one day or 2 days
deducted from his or her period of confinement, as specified.
Existing law allows any inmate sentenced to a county jail assigned to
a conservation camp by a sheriff and who is eligible to earn one day
of credit for every one day of incarceration to earn 2 days of
credit for every one day of service. Existing law allows any inmate
who has completed training for assignment to a conservation camp or
to a state or county facility as an inmate firefighter or who is
assigned to a county or state correctional institution as an inmate
firefighter and who is eligible to earn one day of credit for every
one day of incarceration to instead earn 2 days of credit for every
one day served in that assignment or after completing that training.
This bill would instead allow the sheriff or county director of
corrections to award one and a half days credit for every day of
incarceration to any inmate sentenced to the county jail who
participates in an in custody work or job training program other than
those specified above.
(8) Existing law establishes the Department of Corrections and
Rehabilitation, which has jurisdiction over state prisons and parole
of offenders released from state prisons.
This bill would require, except in prescribed emergencies, the
Secretary of the Department of Corrections and Rehabilitation, or his
or her designee, to provide written notification to any county
impacted by the opening, closure, or change of location of any
reception center that accepts prisoners from county facilities or a
parole office and would require this notice to be sent to the
California State Association of Counties, the California State
Sheriffs' Association, and the Chief Probation Officers of
California.
(9) 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 these
statutory provisions.
(10) The bill would appropriate $2,000 from the California Bingo
Fund to the Gambling Control Commission for the purpose of supporting
workload associated with the licensing of remote caller bingo
vendors, as provided.
(11) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 29552 of the Government Code is amended to
read:
29552. (a) (1) Commencing with the 2007-08 fiscal year, all
counties and cities and counties that charged fees pursuant to
Section 29550 and cities with Type One detention facilities that
charged fees pursuant to Section 29550.3 during the 2006-07 fiscal
year may apply to the Controller to receive funding provided pursuant
to subdivision (b) that is equal to the fee revenue received by the
county, city and county, or city during the 2006-07 fiscal year, to
the extent that funding is appropriated therefore in the annual
budget act or other appropriation legislation. If insufficient funds
are appropriated to equal the full amount of fees received in the
2006-07 fiscal year, each county, city and county and city that
applies for funding shall receive a share of the appropriated funds
proportionate to the share of fees it received in the 2006-07 fiscal
year compared to the statewide total reported to the Controller.
(2) The remaining portion of any amount appropriated for purposes
of this section shall be paid proportionally to all counties, cities
and counties, and cities based on the number of bookings within each
county during the year previous to the current payment.
(b) Commencing with the 2011-12 fiscal year, payments authorized
by this section shall be fully funded from the Local Law Enforcement
Services Account in the Local Revenue Fund 2011. The Controller shall
allocate thirty-five million dollars ($35,000,000) of the moneys
annually deposited in the Local Law Enforcement Services Account in
the Local Revenue Fund 2011 for purposes of these payments.
(c) Commencing with the 2012-13 fiscal year, the Controller shall
allocate funds from the Enhancing Law Enforcement Activities
Subaccount as follows:
+--------------------+-------------+
|Alameda County |$2,319,980 |
+--------------------+-------------+
|Amador County |$21,403 |
+--------------------+-------------+
|City of Baldwin Park|$4,539 |
+--------------------+-------------+
|Butte County |$113,887 |
+--------------------+-------------+
|Calaveras County |$8,559 |
+--------------------+-------------+
|Colusa County |$7,017 |
+--------------------+-------------+
|Contra Costa |$1,897,056 |
|County | |
+--------------------+-------------+
|Del Norte County |$37,501 |
+--------------------+-------------+
|El Dorado County |$89,793 |
+--------------------+-------------+
|City of Fremont |$250,268 |
+--------------------+-------------+
|Fresno County |$1,409,727 |
+--------------------+-------------+
|Glenn County |$47,036 |
+--------------------+-------------+
|City of Hayward |$11,098 |
+--------------------+-------------+
|Humboldt County |$384,311 |
+--------------------+-------------+
|Inyo County |$3,522 |
+--------------------+-------------+
|Kern County |$732,680 |
+--------------------+-------------+
|Kings County |$120,140 |
+--------------------+-------------+
|Lake County |$84,030 |
+--------------------+-------------+
|Lassen County |$24,041 |
+--------------------+-------------+
|Los Angeles County |$676,989 |
+--------------------+-------------+
|Madera County |$124,054 |
+--------------------+-------------+
|Marin County |$222,060 |
+--------------------+-------------+
|Mendocino |$138,730 |
|County | |
+--------------------+-------------+
|Merced County |$219,669 |
+--------------------+-------------+
|Modoc County |$3,244 |
+--------------------+-------------+
|Monterey County |$613,463 |
+--------------------+-------------+
|City of Monterey |$4,880 |
+--------------------+-------------+
|Napa County |$107,578 |
+--------------------+-------------+
|Nevada County |$94,239 |
+--------------------+-------------+
|City of Palm Springs|$45,986 |
+--------------------+-------------+
|Placer County |$464,844 |
+--------------------+-------------+
|City of Pomona |$73,757 |
+--------------------+-------------+
|Riverside County |$3,413,483 |
+--------------------+-------------+
|Sacramento County |$2,247,151 |
+--------------------+-------------+
|San Benito County |$32,312 |
+--------------------+-------------+
|San Bernardino |$2,758,057 |
|County | |
+--------------------+-------------+
|San Diego County |$5,818,271 |
+--------------------+-------------+
|San Joaquin County |$796,780 |
+--------------------+-------------+
|San Luis Obispo |$456,312 |
|County | |
+--------------------+-------------+
|San Mateo County |$758,641 |
+--------------------+-------------+
|Santa Barbara County|$502,813 |
+--------------------+-------------+
|Santa Clara County |$3,165,148 |
+--------------------+-------------+
|Santa Cruz County |$585,814 |
+--------------------+-------------+
|Shasta County |$257,005 |
+--------------------+-------------+
|Siskiyou County |$48,850 |
+--------------------+-------------+
|Solano County |$848,012 |
+--------------------+-------------+
|Sonoma County |$791,066 |
+--------------------+-------------+
|Stanislaus County |$832,424 |
+--------------------+-------------+
|Sutter County |$64,179 |
+--------------------+-------------+
|Tehama County |$50,421 |
+--------------------+-------------+
|Tulare County |$829,642 |
+--------------------+-------------+
|Tuolumne County |$32,612 |
+--------------------+-------------+
|Yolo County |$310,820 |
+--------------------+-------------+
|Yuba County |$44,106 |
+--------------------+-------------+
(d) Commencing with the 2013-14 fiscal year, the Controller shall
allocate funds from the Enhancing Law Enforcement Activities
Subaccount in monthly installments. The annual payments to be made to
each jurisdiction are as follows:
+--------------------+-------------+
|Alameda County |$2,319,980 |
+--------------------+-------------+
|Amador County |$21,403 |
+--------------------+-------------+
|City of Baldwin Park|$4,539 |
+--------------------+-------------+
|Butte County |$113,887 |
+--------------------+-------------+
|Calaveras County |$8,559 |
+--------------------+-------------+
|Colusa County |$7,017 |
+--------------------+-------------+
|Contra Costa County |$1,897,056 |
+--------------------+-------------+
|Del Norte County |$37,501 |
+--------------------+-------------+
|El Dorado County |$89,793 |
+--------------------+-------------+
|City of Fremont |$250,268 |
+--------------------+-------------+
|Fresno County |$1,409,727 |
+--------------------+-------------+
|Glenn County |$47,036 |
+--------------------+-------------+
|City of Hayward |$11,098 |
+--------------------+-------------+
|Humboldt County |$384,311 |
+--------------------+-------------+
|Inyo County |$3,522 |
+--------------------+-------------+
|Kern County |$732,680 |
+--------------------+-------------+
|Kings County |$120,140 |
+--------------------+-------------+
|Lake County |$84,030 |
+--------------------+-------------+
|Lassen County |$24,041 |
+--------------------+-------------+
|Los Angeles County |$676,989 |
+--------------------+-------------+
|Madera County |$124,054 |
+--------------------+-------------+
|Marin County |$222,060 |
+--------------------+-------------+
|Mendocino County |$138,730 |
+--------------------+-------------+
|Merced County |$219,669 |
+--------------------+-------------+
|Modoc County |$3,244 |
+--------------------+-------------+
|Monterey County |$613,463 |
+--------------------+-------------+
|City of Monterey |$4,880 |
+--------------------+-------------+
|Napa County |$107,578 |
+--------------------+-------------+
|Nevada County |$94,239 |
+--------------------+-------------+
|City of Palm Springs|$45,986 |
+--------------------+-------------+
|Placer County |$464,844 |
+--------------------+-------------+
|City of Pomona |$73,757 |
+--------------------+-------------+
|Riverside County |$3,413,483 |
+--------------------+-------------+
|Sacramento County |$2,247,151 |
+--------------------+-------------+
|San Benito County |$32,312 |
+--------------------+-------------+
|San Bernardino |$2,758,057 |
|County | |
+--------------------+-------------+
|San Diego |$5,818,271 |
|County | |
+--------------------+-------------+
|San Joaquin County |$796,780 |
+--------------------+-------------+
|San Luis Obispo |$456,312 |
|County | |
+--------------------+-------------+
|San Mateo County |$758,641 |
+--------------------+-------------+
|Santa Barbara County|$502,813 |
+--------------------+-------------+
|Santa Clara County |$3,165,148 |
+--------------------+-------------+
|Santa Cruz County |$585,814 |
+--------------------+-------------+
|Shasta County |$257,005 |
+--------------------+-------------+
|Siskiyou County |$48,850 |
+--------------------+-------------+
|Solano County |$848,012 |
+--------------------+-------------+
|Sonoma County |$791,066 |
+--------------------+-------------+
|Stanislaus County |$832,424 |
+--------------------+-------------+
|Sutter County |$64,179 |
+--------------------+-------------+
|Tehama County |$50,421 |
+--------------------+-------------+
|Tulare County |$829,642 |
+--------------------+-------------+
|Tuolumne County |$32,612 |
+--------------------+-------------+
|Yolo County |$310,820 |
+--------------------+-------------+
|Yuba County |$44,106 |
+--------------------+-------------+
SEC. 2. Section 30027.9 of the Government Code is amended to read:
30027.9. (a) (1) For the 2012-13 fiscal year, from the Sales and
Use Tax Growth Account, the Controller shall allocate 65 percent to
the Support Services Growth Subaccount and 35 percent to the Law
Enforcement Services Growth Subaccount.
(2) For the 2013-14 fiscal year, from the Sales and Use Tax Growth
Account, the Controller shall first allocate to the Support Services
Account and the Law Enforcement Services Account the amounts
necessary to provide full base funding or the appropriate level of
funding as described in this section. If there are insufficient
moneys to fully fund the accounts, the available funds shall be
distributed in the same proportions as the two accounts received from
the Local Revenue Fund 2011 in the 2013-14 fiscal year. If there are
funds remaining after base funding has been restored, the Controller
shall allocate 65 percent of those remaining funds to the Support
Services Growth Subaccount and 35 percent to the Law Enforcement
Services Growth Subaccount.
(A) The amount necessary to provide the appropriate level of
funding for the Law Enforcement Services Account shall be the sum of
the following:
(i) The greater of the amounts that either the predecessor of the
Trial Court Security Subaccount received in the 2011-12 fiscal year,
or the total amount the Trial Court Security Subaccount and the Trial
Court Security Growth Special Account received in the 2012-13 fiscal
year.
(ii) The greater of the amounts that either the predecessor of the
Juvenile Justice Subaccount received in the 2011-12 fiscal year, or
the total amount the Juvenile Justice Subaccount and the Juvenile
Justice Growth Special Account received in the 2012-13 fiscal year.
(iii) The maximum amount authorized to be allocated pursuant to
paragraph (2) of subdivision (e) of Section 30027.5 to the Community
Corrections Subaccount.
(iv) The maximum amount authorized to be allocated pursuant to
paragraph (3) of subdivision (e) of Section 30027.5 to the District
Attorney and Public Defender Subaccount.
(B) The amount necessary to provide full base funding for the
Support Services Account shall be the sum of the following:
(i) The maximum amount authorized to be allocated pursuant to
paragraph (1) of subdivision (f) of Section 30027.5 to the Behavioral
Health Subaccount.
(ii) The maximum amount authorized to be allocated pursuant to
paragraph (2) of subdivision (f) of Section 30027.5 to the Protective
Services Subaccount.
(3) For the 2014-15 fiscal year, from the Sales and Use Tax Growth
Account, the Controller shall first allocate to the Support Services
Account and the Law Enforcement Services Account the amounts
necessary to provide full base funding or the appropriate level of
funding as described in this section. If there are insufficient
moneys to fully fund the accounts, the available funds shall be
distributed in the same proportions as the two accounts received from
the Local Revenue Fund 2011 in the 2014-15 fiscal year. If there are
funds remaining after base funding has been restored, the Controller
shall allocate 65 percent of the remaining funds to the Support
Services Growth Subaccount and 35 percent to the Law Enforcement
Services Growth Subaccount.
(A) The amount necessary to provide the appropriate level of
funding for the Law Enforcement Services Account shall be the sum of
the following:
(i) The greater of either the total amount received by the Trial
Court Security Subaccount and the Trial Court Security Growth Special
Account in a single fiscal year beginning with the 2012-13 fiscal
year or the amount the applicable predecessor account received in the
2011-12 fiscal year.
(ii) The greater of either the total amount received by the
Juvenile Justice Subaccount and the Juvenile Justice Growth Special
Account in a single fiscal year beginning with the 2012-13 fiscal
year or the amount the applicable predecessor account received in the
2011-12 fiscal year.
(iii) The greatest amount received by the Community Corrections
Subaccount in a single year beginning with the 2012-13 fiscal year.
(iv) The greatest amount received by the District Attorney and
Public Defender Subaccount in a single year beginning with the
2012-13 fiscal year.
(B) The amount necessary to provide full funding for the Support
Services Account shall be the sum of the following:
(i) The greater of either the maximum amount that could be
allocated pursuant to paragraph (1) of subdivision (f) of Section
30027.5 or the largest combined total amounts actually received by
the Behavioral Health Subaccount and the Behavioral Health Services
Growth Special Account in any single year beginning with the 2012-13
fiscal year.
(ii) The greater of either the maximum amount that was allocated
pursuant to paragraph (2) of subdivision (f) of Section 30027.5, or
the amount that was allocated pursuant to paragraph (2) of
subdivision (f) of Section 30027.6, to the Protective Services
Subaccount.
(4) For the 2015-16 fiscal year, and for each subsequent fiscal
year, from the Sales and Use Tax Growth Account, the Controller shall
first allocate to the Support Services Account and the Law
Enforcement Services Account the amounts necessary to provide full
base funding as described in this section. If there are insufficient
moneys to fully fund the accounts, the available funds shall be
distributed in the same proportions as the two accounts received
funding from the Local Revenue Fund 2011 in that fiscal year. If
there are funds remaining after base funding has been restored, the
Controller shall allocate 65 percent of the remaining funds to the
Support Services Growth Subaccount and 35 percent to the Law
Enforcement Services Growth Subaccount.
(A) The amount necessary to provide full base funding for the Law
Enforcement Services Account shall be the sum of the following:
(i) The greater of either the total combined amount received by
the Trial Court Security Subaccount and the Trial Court Security
Growth Special Account in any single fiscal year beginning with the
2012-13 fiscal year or the amount the applicable predecessor account
received in 2011-12.
(ii) The greater of either the total combined amount received by
the Juvenile Justice Subaccount and the Juvenile Justice Growth
Special Account in any single fiscal year beginning with the 2012-13
fiscal year or the amount the applicable predecessor account received
in 2011-12.
(iii) The greater of either the total combined amount received by
the Community Corrections Subaccount and the Community Corrections
Growth Special Account in any single fiscal year beginning with the
2014-15 fiscal year, or the highest amount the Community Corrections
Subaccount or its predecessor was authorized to receive in any single
fiscal year beginning with the 2012-13 fiscal year.
(iv) The greater of either the total combined amount received by
the District Attorney and Public Defender Subaccount and the District
Attorney and Public Defender Growth Special Account in any single
fiscal year beginning with the 2014-15 fiscal year, or the highest
amount the District Attorney and Public Defender Subaccount or its
predecessor was authorized to receive in any single fiscal year
beginning with the 2012-13 fiscal year.
(B) The amount necessary to provide full base funding for the
Support Services Account shall be the sum of the following:
(i) The greater of either the maximum amount that was allocated
pursuant to paragraph (1) of subdivision (f) of Section 30027.5, or
the highest combined total amounts received by the Behavioral Health
Subaccount and the Behavioral Health Services Growth Special Account,
in any single fiscal year beginning with the 2012-13 fiscal year.
(ii) The greatest of the following: the maximum amount that was
allocated pursuant to paragraph (2) of subdivision (f) of Section
30027.5; the amount that was allocated pursuant to paragraph (2) of
subdivision (f) of Section 30027.6 for the Protective Services
Subaccount; or the highest combined total amount received by the
Protective Services Subaccount and the Protective Services Growth
Special Account in any single fiscal year beginning with the 2012-13
fiscal year.
(b) (1) Commencing with the 2012-13 fiscal year, the Controller
shall allocate funds from the Law Enforcement Services Growth
Subaccount as follows:
(A) Ten percent to the Trial Court Security Growth Special
Account.
(B) Five percent to the District Attorney and Public Defender
Growth Special Account.
(C) Ten percent to the Juvenile Justice Growth Special Account.
(D) Seventy-five percent to the Community Corrections Growth
Special Account.
(2) The total allocations to the Trial Court Security Growth
Special Account and the Juvenile Justice Growth Special Account shall
be included in the year to which the growth is attributable when
determining the base funding level for the Trial Court Security
Subaccount and the Juvenile Justice Subaccount respectively,
beginning in the 2013-14 fiscal year. The total allocations to the
District Attorney and Public Defender Growth Special Account and the
Community Corrections Growth Special Account shall be included in the
year to which the growth is attributable when determining the base
allocation for the respective subaccounts of those accounts beginning
in the 2015-16 fiscal year.
(c) In the 2012-13 fiscal year, the Controller shall allocate
funds from the Support Services Growth Subaccount as follows:
(1) Five percent to the Mental Health Subaccount of the Sales Tax
Account in the Local Revenue Fund as established by paragraph (1) of
subdivision (b) of Section 17600 of the Welfare and Institutions
Code.
(2) Forty percent to the Protective Services Growth Special
Account for the provision of child welfare services.
(3) To the Protective Services Growth Special Account: 42.03
percent.
(4) To the Behavioral Health Services Growth Special Account:
12.97 percent.
(d) (1) Beginning in the 2013-14 fiscal year, and until the
Director of Finance provides to the Controller the certification
described in paragraph (3), the Controller shall allocate funds from
the Support Services Growth Subaccount as follows:
(A) Five percent to the Mental Health Subaccount of the Sales Tax
Account in the Local Revenue Fund as established by paragraph (1) of
subdivision (b) of Section 17600 of the Welfare and Institutions
Code.
(B) Forty percent to the Protective Services Growth Special
Account for the provision of child welfare services.
(C) To the Protective Services Growth Special Account: 21.81
percent.
(D) To the Behavioral Health Services Growth Special Account:
33.19 percent.
(2) The total allocations to the Protective Services Growth
Special Account and the Behavioral Health Services Growth Special
Account provided by this subdivision shall be included as funding in
the year in which the allocation is made for determining the base
funding level for the following fiscal year.
(3) Once a total of two hundred million dollars ($200,000,000) has
been allocated to the Protective Services Growth Special Account
pursuant to paragraph (2) of subdivision (c) and subparagraph (B) of
paragraph (1), the Director of Finance shall certify that fact to the
Controller. Upon that certification, this subdivision shall become
inoperative.
(e) (1) In every fiscal year, after subdivision (d) becomes
inoperative, the Controller shall allocate funds from the Support
Services Growth Subaccount as follows:
(A) Five percent to the Mental Health Subaccount of the Sales Tax
Account in the Local Revenue Fund as established by paragraph (1) of
subdivision (b) of Section 17600 of the Welfare and Institutions
Code.
(B) Forty-five percent to the Protective Services Growth Special
Account.
(C) Fifty percent to the Behavioral Health Services Growth Special
Account.
(2) The total allocations to the Protective Services Growth
Special Account and Behavioral Health Services Growth Special Account
provided by this section shall be included as funding in the year in
which the allocation is made for determining the base funding level
for the following fiscal year.
SEC. 3. 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 (j), 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 (j), 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, the Controller shall
allocate 21.86 percent of the 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 shall allocate 21.86 percent for purposes of paragraph (4) of
subdivision (b).
(g) Commencing with the 2013-14 fiscal year, 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.
(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.
SEC. 4. Section 30070 of the Government Code is amended to read:
30070. (a) For the 2011-12 fiscal year, the program authorized by
this chapter shall be funded from the Local Law Enforcement Services
Account in the Local Revenue Fund 2011. The Controller shall, on a
quarterly basis, beginning on October 1, 2011, allocate 4.07 percent
of the moneys annually deposited in the Local Law Enforcement
Services Account. Commencing with the 2012-13 fiscal year, the
program authorized by this chapter shall be funded from the Enhancing
Law Enforcement Activities Subaccount in the Local Revenue Fund
2011. The Controller shall allocate 3.78 percent of the moneys
annually deposited in the Enhancing Law Enforcement Activities
Subaccount in the Local Revenue Fund 2011. Commencing with the
2013-14 fiscal year, funds shall be allocated in monthly installments
to county sheriffs' departments to enhance law enforcement efforts
in the counties specified in paragraphs (1) to (37), inclusive,
according to the following schedule:
(1) Alpine County ................. 2.7027%
(2) Amador County ................. 2.7027%
(3) Butte County .................. 2.7027%
(4) Calaveras County .............. 2.7027%
(5) Colusa County ................. 2.7027%
(6) Del Norte County .............. 2.7027%
(7) El Dorado County .............. 2.7027%
(8) Glenn County .................. 2.7027%
(9) Humboldt County ............... 2.7027%
(10) Imperial County .............. 2.7027%
(11) Inyo County .................. 2.7027%
(12) Kings County ................. 2.7027%
(13) Lake County ............ 2.7027%
(14) Lassen County ................ 2.7027%
(15) Madera County ................ 2.7027%
(16) Marin County ................. 2.7027%
(17) Mariposa County .............. 2.7027%
(18) Mendocino County ............. 2.7027%
(19) Merced County ................ 2.7027%
(20) Modoc County ................. 2.7027%
(21) Mono County .................. 2.7027%
(22) Napa County .................. 2.7027%
(23) Nevada County ................ 2.7027%
(24) Placer County ................ 2.7027%
(25) Plumas County ................ 2.7027%
(26) San Benito County ............ 2.7027%
(27) San Luis Obispo County ....... 2.7027%
(28) Santa Cruz County ............ 2.7027%
(29) Shasta County ................ 2.7027%
(30) Sierra County ................ 2.7027%
(31) Siskiyou County .............. 2.7027%
(32) Sutter County ................ 2.7027%
(33) Tehama County ................ 2.7027%
(34) Trinity County ............... 2.7027%
(35) Tuolumne County .............. 2.7027%
(36) Yolo County .................. 2.7027%
(37) Yuba County .................. 2.7027%
(b) Funds allocated pursuant to this section shall be used to
supplement rather than supplant existing law enforcement resources.
(c) The funds allocated pursuant to this section may not be used
for any video surveillance or monitoring of the general public.
SEC. 5. Section 326.3 of the Penal Code is amended to read:
326.3. (a) The Legislature finds and declares all of the
following:
(1) Nonprofit organizations provide important and essential
educational, philanthropic, and social services to the people of the
state.
(2) One of the great strengths of California is a vibrant
nonprofit sector.
(3) Nonprofit and philanthropic organizations touch the lives of
every Californian through service and employment.
(4) Many of these services would not be available if nonprofit
organizations did not provide them.
(5) There is a need to provide methods of fundraising to nonprofit
organizations to enable them to provide these essential services.
(6) Historically, many nonprofit organizations have used
charitable bingo as one of their key fundraising strategies to
promote the mission of the charity.
(7) Legislation is needed to provide greater revenues for
nonprofit organizations to enable them to fulfill their charitable
purposes, and especially to meet their increasing social service
obligations.
(8) Legislation is also needed to clarify that existing law
requires that all charitable bingo must be played using a tangible
card and that the only permissible electronic devices to be used by
charitable bingo players are card-minding devices.
(b) Neither the prohibition on gambling in this chapter nor in
Chapter 10 (commencing with Section 330) applies to any remote caller
bingo game that is played or conducted in a city, county, or city
and county pursuant to an ordinance enacted under Section 19 of
Article IV of the California Constitution, if the ordinance allows a
remote caller bingo game to be played or conducted only in accordance
with this section, including the following requirements:
(1) The game may be conducted only by the following organizations:
(A) An organization that is exempted from the payment of the taxes
imposed under the Corporation Tax Law by Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701 l , or
23701w of the Revenue and Taxation Code.
(B) A mobilehome park association.
(C) A senior citizens' organization.
(D) Charitable organizations affiliated with a school district.
(2) The organization conducting the game shall have been
incorporated or in existence for three years or more.
(3) The organization conducting the game shall be licensed
pursuant to subdivision (l) of Section 326.5.
(4) The receipts of the game shall be used only for charitable
purposes. The organization conducting the game shall determine the
disbursement of the net receipts of the game.
(5) The operation of bingo may not be the primary purpose for
which the organization is organized.
(c) (1) A city, county, or city and county may adopt an ordinance
in substantially the following form to authorize remote caller bingo
in accordance with the requirements of subdivision (b):
Sec. _.01. Legislative Authorization.
This chapter is adopted pursuant to Section 19 of Article IV of
the California Constitution, as implemented by Sections 326.3 and
326.4 of the Penal Code.
Sec. _.02. Remote Caller Bingo Authorized.
Remote Caller Bingo may be lawfully played in the City,
County, or City and County] pursuant to the provisions of Sections
326.3 and 326.4 of the Penal Code, and this chapter, and not
otherwise.
Sec. _.03. Qualified Applicants: Applicants for Licensure.
(a) The following organizations are qualified to apply to the
License Official for a license to operate a bingo game if the
receipts of those games are used only for charitable purposes:
(1) An organization exempt from the payment of the taxes imposed
under the Corporation Tax Law by Section 23701a, 23701b, 23701d,
23701e, 23701f, 23701g, 23701k, 23701 l , or 23701w of the
Revenue and Taxation Code.
(2) A mobilehome park association of a mobilehome park that is
situated in the City, County, or City and County].
(3) Senior citizen organizations.
(4) Charitable organizations affiliated with a school district.
(b) The application shall be in a form prescribed by the License
Official and shall be accompanied by a nonrefundable filing fee in an
amount determined by resolution of the Governing Body of the City,
County, or City and County] from time to time. The following
documentation shall be attached to the application, as applicable:
(1) A certificate issued by the Franchise Tax Board certifying
that the applicant is exempt from the payment of the taxes imposed
under the Corporation Tax Law pursuant to Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701 l , or
23701w of the Revenue and Taxation Code. In lieu of a certificate
issued by the Franchise Tax Board, the License Official may refer to
the Franchise Tax Board's Internet Web site to verify that the
applicant is exempt from the payment of the taxes imposed under the
Corporation Tax Law.
(2) Other evidence as the License Official determines is necessary
to verify that the applicant is a duly organized mobilehome park
association of a mobilehome park situated in the City, County, or
City and County].
Sec. _.04. License Application: Verification.
The license shall not be issued until the License Official has
verified the facts stated in the application and determined that the
applicant is qualified.
Sec. _.05. Annual Licenses.
A license issued pursuant to this chapter shall be valid until the
end of the calendar year, at which time the license shall expire. A
new license shall only be obtained upon filing a new application and
payment of the license fee. The fact that a license has been issued
to an applicant creates no vested right on the part of the licensee
to continue to offer bingo for play. The Governing Body of the City,
County, or City and County] expressly reserves the right to amend or
repeal this chapter at any time by resolution. If this chapter is
repealed, all licenses issued pursuant to this chapter shall cease to
be effective for any purpose on the effective date of the repealing
resolution.
Sec. _.06. Conditions of Licensure.
(a) Any license issued pursuant to this chapter shall be subject
to the conditions contained in Sections 326.3 and 326.4 of the Penal
Code, and each licensee shall comply with the requirements of those
provisions.
(b) Each license issued pursuant to this chapter shall be subject
to the following additional conditions:
(1) Bingo games shall not be conducted by any licensee on more
than two days during any week, except that a licensee may hold one
additional game, at its election, in each calendar quarter.
(2) The licensed organization is responsible for ensuring that the
conditions of this chapter and Sections 326.3 and 326.4 of the Penal
Code are complied with by the organization and its officers and
members. A violation of any one or more of those conditions or
provisions shall constitute cause for the revocation of the
organization's license. At the request of the organization, the
Governing Body of the City, County, or City and County] shall hold a
public hearing before revoking any license issued pursuant to this
chapter.
(3) Nothing in this section shall require a city, county, or city
and county to use this model ordinance in order to authorize remote
caller bingo.
(d) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any remote caller bingo game, provided that
administrative, managerial, technical, financial, and security
personnel employed by the organization conducting the bingo game may
be paid reasonable fees for services rendered from the revenues of
bingo games, as provided in subdivision (l), except that fees paid
under those agreements shall not be determined as a percentage of
receipts or other revenues from, or be dependent on the outcome of,
the game.
(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine shall be
deposited in the general fund of the city, county, or city and county
that enacted the ordinance authorizing the remote caller bingo game.
A violation of any provision of this section, other than subdivision
(d), is a misdemeanor.
(f) The city, county, or city and county that enacted the
ordinance authorizing the remote caller bingo game, or the Attorney
General, may bring an action to enjoin a violation of this section.
(g) No minors shall be allowed to participate in any remote caller
bingo game.
(h) A remote caller bingo game shall include only sites that are
located within this state.
(i) An organization authorized to conduct a remote caller bingo
game pursuant to subdivision (b) shall conduct the game only on
property that is owned or leased by the organization, or the use of
which is donated to the organization. Nothing in this subdivision
shall be construed to require that the property that is owned or
leased by, or the use of which is donated to, the organization be
used or leased exclusively by, or donated exclusively to, that
organization.
(j) (1) All remote caller bingo games shall be open to the public,
and shall not be limited to the members of the authorized
organization.
(2) No more than 750 players may participate in a remote caller
bingo game in a single location.
(3) If the Governor or the President declares a state of emergency
in response to a natural disaster or other public catastrophe
occurring in California, an organization authorized to conduct remote
caller bingo games may, while that declaration is in effect, conduct
a remote caller bingo game pursuant to this section with more than
750 participants in a single venue if the net proceeds of the game,
after deduction of prizes and overhead expenses, are donated to or
expended exclusively for the relief of the victims of the disaster or
catastrophe, and the organization gives, for each participating
remote caller bingo site, the department and local law enforcement at
least 10 days' written notice of the intent to conduct that game.
(4) For each participating remote caller bingo site, an
organization authorized to conduct remote caller bingo games shall
provide the department and local law enforcement with at least 30
days' advance written notice of its intent to conduct a remote caller
bingo game. That notice shall include all of the following:
(A) The legal name of the organization and the address of record
of the agent upon whom legal notice may be served.
(B) The locations of the caller and remote players, whether the
property is owned by the organization or donated, and if donated, by
whom.
(C) The name of the licensed caller and site manager.
(D) The names of administrative, managerial, technical, financial,
and security personnel employed.
(E) The name of the vendor and any person or entity maintaining
the equipment used to operate and transmit the game.
(F) The name of the person designated as having a fiduciary
responsibility for the game pursuant to paragraph (2) of subdivision
(k).
(G) The license numbers of all persons specified in subparagraphs
(A) to (F), inclusive, who are required to be licensed.
(H) A copy of the local ordinance for any city, county, or city
and county in which the game will be played. The commission shall
post the ordinance on its Internet Web site.
(I) A copy of the license issued to the organization by the
governing body of the city, county, or city and county pursuant to
subdivision (b).
(k) (1) A remote caller bingo game shall be operated and staffed
only by members of the authorized organization that organized it.
Those members shall not receive a profit, wage, or salary from any
remote caller bingo game. Only the organization authorized to conduct
a remote caller bingo game shall operate that game, or participate
in the promotion, supervision, or any other phase of a remote caller
bingo game. Subject to subdivision (m), this subdivision shall not
preclude the employment of administrative, managerial, technical,
financial, or security personnel who are not members of the
authorized organization at a location participating in the remote
caller bingo game by the organization conducting the game.
Notwithstanding any other law, exclusive or other agreements between
the authorized organization and other entities or persons to provide
services in the administration, management, or conduct of the game
shall not be considered a violation of the prohibition against
holding a legally cognizable financial interest in the conduct of the
remote caller bingo game by persons or entities other than the
charitable organization, or other entity authorized to conduct the
remote caller bingo games, if those persons or entities obtain the
gambling licenses, the key employee licenses, or the work permits
required by, and otherwise comply with, Chapter 5 (commencing with
Section 19800) of Division 8 of the Business and Professions Code.
Fees to be paid under those agreements shall be reasonable and shall
not be determined as a percentage of receipts or other revenues from,
or be dependent on the outcome of, the game.
(2) An organization that conducts a remote caller bingo game shall
designate a person as having fiduciary responsibility for the game.
( l ) No individual, corporation, partnership, or other
legal entity, except the organization authorized to conduct or
participate in a remote caller bingo game,
shall hold a legally cognizable financial interest
in the conduct of that game.
(m) An organization authorized to conduct a remote caller bingo
game pursuant to this section shall not have overhead costs exceeding
20 percent of gross sales, except that the limitations of this
section shall not apply to one-time, nonrecurring capital
acquisitions. For purposes of this subdivision, "overhead costs"
includes, but is not limited to, amounts paid for rent and equipment
leasing and the reasonable fees authorized to be paid to
administrative, managerial, technical, financial, and security
personnel employed by the organization pursuant to subdivision (d).
For the purpose of keeping its overhead costs below 20 percent of
gross sales, an authorized organization may elect to deduct all or a
portion of the fees paid to financial institutions for the use and
processing of credit card sales from the amount of gross revenues
awarded for prizes. In that case, the redirected fees for the use and
processing of credit card sales shall not be included in "overhead
costs" as defined in the California Remote Caller Bingo Act.
Additionally, fees paid to financial institutions for the use and
processing of credit card sales shall not be deducted from the
proceeds retained by the charitable organization.
(n) No person shall be allowed to participate in a remote caller
bingo game unless the person is physically present at the time and
place where the remote caller bingo game is being conducted. A person
shall be deemed to be physically present at the place where the
remote caller bingo game is being conducted if he or she is present
at any of the locations participating in the remote caller bingo game
in accordance with this section.
(o) (1) An organization shall not cosponsor a remote caller bingo
game with one or more other organizations unless one of the following
is true:
(A) All of the cosponsors are affiliated under the master charter
or articles and bylaws of a single organization.
(B) All of the cosponsors are affiliated through an organization
described in paragraph (1) of subdivision (b), and have the same
Internal Revenue Service activity code.
(2) Notwithstanding paragraph (1), a maximum of 10 unaffiliated
organizations described in paragraph (1) of subdivision (b) may enter
into an agreement to cosponsor a remote caller game, but that game
shall have no more than 10 locations.
(3) An organization shall not conduct remote caller bingo more
than two days per week.
(4) Before sponsoring or operating any game authorized under
paragraph (1) or (2), each of the cosponsoring organizations shall
have entered into a written agreement, a copy of which shall be
provided to the commission, setting forth how the expenses and
proceeds of the game are to be allocated among the participating
organizations, the bank accounts into which all receipts are to be
deposited and from which all prizes are to be paid, and how game
records are to be maintained and subjected to annual audit.
(p) The value of prizes awarded during the conduct of any remote
caller bingo game shall not exceed 37 percent of the gross receipts
for that game. When an authorized organization elects to deduct fees
paid for the use and processing of credit card sales from the amount
of gross revenues for that game awarded for prizes, the maximum
amount of gross revenues that may be awarded for prizes shall not
exceed 37 percent of the gross receipts for that game, less the
amount of redirected fees paid for the use and processing of credit
card sales. Every remote caller bingo game shall be played until a
winner is declared. Progressive prizes are prohibited. The declared
winner of a remote caller bingo game shall provide his or her
identifying information and a mailing address to the onsite manager
of the remote caller bingo game. Prizes shall be paid only by check;
no cash prizes shall be paid. The organization conducting the remote
caller bingo game may issue a check to the winner at the time of the
game, or may send a check to the declared winner by United States
Postal Service certified mail, return receipt requested. All prize
money exceeding state and federal exemption limits on prize money
shall be subject to income tax reporting and withholding requirements
under applicable state and federal laws and regulations and those
reports and withholding shall be forwarded, within 10 business days,
to the appropriate state or federal agency on behalf of the winner. A
report shall accompany the amount withheld identifying the person on
whose behalf the money is being sent. Any game interrupted by a
transmission failure, electrical outage, or act of God shall be
considered void in the location that was affected. A refund for a
canceled game or games shall be provided to the purchasers.
(q) (1) The commission shall require the licensure of the
following:
(A) Any person who contracts to conduct remote caller bingo on
behalf of an organization described in subdivision (b) or who is
identified as having fiduciary responsibility for the game pursuant
to subdivision (k).
(B) Any person who directly or indirectly manufactures,
distributes, supplies, vends, leases, or otherwise provides supplies,
devices, services, or other equipment designed for use in the
playing of a remote caller bingo game by any organization described
in subdivision (b).
(C) Beginning January 31, 2009, or a later date as may be
established by the commission, all persons described in subparagraph
(A) or (B) may submit to the commission a letter of intent to submit
an application for licensure. The letter shall clearly identify the
principal applicant, all categories under which the application will
be filed, and the names of all those particular individuals who are
applying. Each charitable organization shall provide an estimate of
the frequency with which it plans to conduct remote caller bingo
operations, including the number of locations. The letter of intent
may be withdrawn or updated at any time.
(2) (A) Background investigations related to remote caller bingo
conducted by the department shall be in accordance with the Gambling
Control Act (Chapter 5 (commencing with Section 19800) of Division 8
of the Business and Professions Code) and as specified in regulations
promulgated by the commission or the department.
(B) Fees to cover background investigation costs shall be paid and
accounted for in accordance with Section 19867 of the Business and
Professions Code.
(3) (A) Every application for a license or approval by a person
described in subparagraph (A) of paragraph (1) shall be submitted to
the department and accompanied by a nonrefundable fee, the amount of
which shall be adopted by the commission by regulation.
(B) Fees and revenue collected pursuant to this paragraph shall be
deposited in the California Bingo Fund, which is hereby created in
the State Treasury. The funds deposited in the California Bingo Fund
shall be available, upon appropriation by the Legislature, for
expenditure by the commission and the department exclusively for the
support of the commission and department in carrying out their duties
and responsibilities under this section and Section 326.5.
(C) A loan is hereby authorized from the Gambling Control Fund to
the California Bingo Fund on or after January 1, 2009, in an amount
of up to five hundred thousand dollars ($500,000) to fund operating,
personnel, and other startup costs incurred by the commission and
department relating to this section. Funds from the California Bingo
Fund shall be available to the commission and department upon
appropriation by the Legislature in the annual Budget Act. The loan
shall be subject to all of the following conditions:
(i) The loan shall be repaid to the Gambling Control Fund as soon
as there is sufficient money in the California Bingo Fund to repay
the amount loaned, but no later than July 1, 2019.
(ii) Interest on the loan shall be paid from the California Bingo
Fund at the rate accruing to moneys in the Pooled Money Investment
Account.
(iii) The terms and conditions of the loan are approved, prior to
the transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.
The commission and department may assess and collect reasonable
fees and deposits as necessary to defray the costs of regulation and
oversight.
(D) Notwithstanding any other law, the loan authorized by
Provision 1 of Item 0855-001-0567 of the Budget Act of 2009, in the
amount of four hundred fifty-seven thousand dollars ($457,000), shall
be repaid no later than July 1, 2019.
(E) The licensing fee for any person or entity that directly or
indirectly manufactures, distributes, supplies, vends, leases, or
otherwise provides supplies, devices, services, or other equipment
designed for use in the playing of a remote caller bingo game by any
nonprofit organization shall be in an amount determined by the
department, not to exceed the reasonable regulatory costs to the
department and in accordance with regulations adopted pursuant to
this chapter. Prior to the adoption of the regulations, the
nonrefundable license fee shall be the amount of the reasonable
regulatory costs to the department, not to exceed three thousand
dollars ($3,000) per year.
(r) The administrative, managerial, technical, financial, and
security personnel employed by an organization that conducts remote
caller bingo games shall apply for, obtain, and thereafter maintain
valid work permits, as defined in Section 19805 of the Business and
Professions Code.
(s) An organization that conducts remote caller bingo games shall
retain records in connection with the remote caller bingo game for
five years.
(t) (1) All equipment used for remote caller bingo shall be
certified as compliant with regulations adopted pursuant to
subdivision (r) of Section 19841 of the Business and Professions Code
by a manufacturing expert recognized by the department.
Certifications shall be submitted to the department prior to the use
of any equipment subject to this subdivision.
(2) The department may monitor operation of the transmission and
other equipment used for remote caller bingo, and monitor the game.
(u) (1) As used in this section, "remote caller bingo game" means
a game of bingo, as defined in subdivision (o) of Section 326.5, in
which the numbers or symbols on randomly drawn plastic balls are
announced by a natural person present at the site at which the live
game is conducted, and the organization conducting the bingo game
uses audio and video technology to link any of its in-state
facilities for the purpose of transmitting the remote calling of a
live bingo game from a single location to multiple locations owned,
leased, or rented by that organization, or as described in
subdivision (o) of this section. The audio or video technology used
to link the facilities may include cable, Internet, satellite,
broadband, or telephone technology, or any other means of electronic
transmission that ensures the secure, accurate, and simultaneous
transmission of the announcement of numbers or symbols in the game
from the location at which the game is called by a natural person to
the remote location or locations at which players may participate in
the game. The drawing of each ball bearing a number or symbol by the
natural person calling the game shall be visible to all players as
the ball is drawn, including through a simultaneous live video feed
at remote locations at which players may participate in the game.
(2) The caller in the live game must be licensed by the California
Gambling Control Commission. A game may be called by a nonlicensed
caller if the drawing of balls and calling of numbers or symbols by
that person is observed and personally supervised by a licensed
caller.
(3) Remote caller bingo games shall be played using traditional
paper or other tangible bingo cards and daubers, and shall not be
played by using electronic devices, except card-minding devices, as
described in paragraph (1) of subdivision (p) of Section 326.5.
(4) Prior to conducting a remote caller bingo game, the
organization that conducts remote caller bingo shall submit to the
department the controls, methodology, and standards of game play,
which shall include, but not be limited to, the equipment used to
select bingo numbers and create or originate cards, control or
maintenance, distribution to participating locations, and
distribution to players. Those controls, methodologies, and standards
shall be subject to prior approval by the department, provided that
the controls shall be deemed approved by the department after 90 days
from the date of submission unless disapproved.
(v) A location shall not be eligible to participate in a remote
caller bingo game if bingo games are conducted at that location in
violation of Section 326.5 or any regulation adopted by the
commission pursuant to Section 19841 of the Business and Professions
Code, including, but not limited to, a location at which unlawful
electronic devices are used.
(w) (1) The vendor of the equipment used in a remote caller bingo
game shall have its books and records audited at least annually by an
independent California certified public accountant and shall submit
the results of that audit to the department within 120 days after the
close of the vendor's fiscal year. In addition, the department may
audit the books and records of the vendor at any time.
(2) An authorized organization that conducts remote caller bingo
games shall be audited by an independent California certified public
accountant at least annually and copies of the audit reports shall be
provided to the department within 60 days of completion of the audit
report. A city, county, or city and county shall be provided a full
copy of the audit or an audit report upon request. The audit report
shall account for the annual amount of fees paid to financial
institutions for the use and processing of credit card sales by the
authorized organization and the amount of fees for the use and
processing of credit card sales redirected from "overhead costs" and
deducted from the amount of gross revenues awarded for prizes.
(3) The costs of the licensing and audits required by this section
shall be borne by the person or entity required to be licensed or
audited. The audit shall enumerate the receipts for remote caller
bingo, the prizes disbursed, the overhead costs, and the amount
retained by the nonprofit organization. The department may audit the
books and records of an organization that conducts remote caller
bingo games at any time.
(4) If the department identifies practices in violation of this
section, the license for the audited entity may be suspended pending
review and hearing before the commission for a final determination.
(x) (1) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
(2) Notwithstanding paragraph (1), if paragraph (1) or (3) of
subdivision (u), or the application of either of those provisions, is
held invalid, this entire section shall be invalid.
(y) The department shall submit a report to the Legislature, on or
before January 1, 2016, on the fundraising effectiveness and
regulation of remote caller bingo, and other matters that are
relevant to the public interest regarding remote caller bingo.
(z) The following definitions apply for purposes of this section:
(1) "Commission" means the California Gambling Control Commission.
(2) "Department" means the Department of Justice.
(3) "Person" includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.
(aa) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 6. Section 1170 of the Penal Code, as amended by Section 2 of
Chapter 828 of the Statutes of 2012, is amended to read:
1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life, except as provided in paragraph (2) of subdivision
(d). In any case in which the amount of preimprisonment credit under
Section 2900.5 or any other provision of law is equal to or exceeds
any sentence imposed pursuant to this chapter, the entire sentence
shall be deemed to have been served and the defendant shall not be
actually delivered to the custody of the secretary. The court shall
advise the defendant that he or she shall serve a period of parole
and order the defendant to report to the parole office closest to the
defendant's last legal residence, unless the in-custody credits
equal the total sentence, including both confinement time and the
period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports,
including reports received pursuant to Section 1203.03, and
statements in aggravation or mitigation submitted by the prosecution,
the defendant, or the victim, or the family of the victim if the
victim is deceased, and any further evidence introduced at the
sentencing hearing. The court shall set forth on the record the facts
and reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
(d) (1) When a defendant subject to this section or subdivision
(b) of Section 1168 has been sentenced to be imprisoned in the state
prison and has been committed to the custody of the secretary, the
court may, within 120 days of the date of commitment on its own
motion, or at any time upon the recommendation of the secretary or
the Board of Parole Hearings, recall the sentence and commitment
previously ordered and resentence the defendant in the same manner as
if he or she had not previously been sentenced, provided the new
sentence, if any, is no greater than the initial sentence. The court
resentencing under this subdivision shall apply the sentencing rules
of the Judicial Council so as to eliminate disparity of sentences and
to promote uniformity of sentencing. Credit shall be given for time
served.
(2) (A) (i) When a defendant who was under 18 years of age at the
time of the commission of the offense for which the defendant was
sentenced to imprisonment for life without the possibility of parole
has served at least 15 years of that sentence, the defendant may
submit to the sentencing court a petition for recall and
resentencing.
(ii) Notwithstanding clause (i), this paragraph shall not apply to
defendants sentenced to life without parole for an offense where the
defendant tortured, as described in Section 206, his or her victim
or the victim was a public safety official, including any law
enforcement personnel mentioned in Chapter 4.5 (commencing with
Section 830) of Title 3, or any firefighter as described in Section
245.1, as well as any other officer in any segment of law enforcement
who is employed by the federal government, the state, or any of its
political subdivisions.
(B) The defendant shall file the original petition with the
sentencing court. A copy of the petition shall be served on the
agency that prosecuted the case. The petition shall include the
defendant's statement that he or she was under 18 years of age at the
time of the crime and was sentenced to life in prison without the
possibility of parole, the defendant's statement describing his or
her remorse and work towards rehabilitation, and the defendant's
statement that one of the following is true:
(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.
(ii) The defendant does not have juvenile felony adjudications for
assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.
(iii) The defendant committed the offense with at least one adult
codefendant.
(iv) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but
not limited to, availing himself or herself of rehabilitative,
educational, or vocational programs, if those programs have been
available at his or her classification level and facility, using
self-study for self-improvement, or showing evidence of remorse.
(C) If any of the information required in subparagraph (B) is
missing from the petition, or if proof of service on the prosecuting
agency is not provided, the court shall return the petition to the
defendant and advise the defendant that the matter cannot be
considered without the missing information.
(D) A reply to the petition, if any, shall be filed with the court
within 60 days of the date on which the prosecuting agency was
served with the petition, unless a continuance is granted for good
cause.
(E) If the court finds by a preponderance of the evidence that the
statements in the petition are true, the court shall hold a hearing
to consider whether to recall the sentence and commitment previously
ordered and to resentence the defendant in the same manner as if the
defendant had not previously been sentenced, provided that the new
sentence, if any, is not greater than the initial sentence. Victims,
or victim family members if the victim is deceased, shall retain the
rights to participate in the hearing.
(F) The factors that the court may consider when determining
whether to recall and resentence include, but are not limited to, the
following:
(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.
(ii) The defendant does not have juvenile felony adjudications for
assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.
(iii) The defendant committed the offense with at least one adult
codefendant.
(iv) Prior to the offense for which the sentence is being
considered for recall, the defendant had insufficient adult support
or supervision and had suffered from psychological or physical
trauma, or significant stress.
(v) The defendant suffers from cognitive limitations due to mental
illness, developmental disabilities, or other factors that did not
constitute a defense, but influenced the defendant's involvement in
the offense.
(vi) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but
not limited to, availing himself or herself of rehabilitative,
educational, or vocational programs, if those programs have been
available at his or her classification level and facility, using
self-study for self-improvement, or showing evidence of remorse.
(vii) The defendant has maintained family ties or
connections with others through letter writing, calls, or visits, or
has eliminated contact with individuals outside of prison who are
currently involved with crime.
(viii) The defendant has had no disciplinary actions for violent
activities in the last five years in which the defendant was
determined to be the aggressor.
(G) The court shall have the discretion to recall the sentence and
commitment previously ordered and to resentence the defendant in the
same manner as if the defendant had not previously been sentenced,
provided that the new sentence, if any, is not greater than the
initial sentence. The discretion of the court shall be exercised in
consideration of the criteria in subparagraph (B). Victims, or victim
family members if the victim is deceased, shall be notified of the
resentencing hearing and shall retain their rights to participate in
the hearing.
(H) If the sentence is not recalled, the defendant may submit
another petition for recall and resentencing to the sentencing court
when the defendant has been committed to the custody of the
department for at least 20 years. If recall and resentencing is not
granted under that petition, the defendant may file another petition
after having served 24 years. The final petition may be submitted,
and the response to that petition shall be determined, during the
25th year of the defendant's sentence.
(I) In addition to the criteria in subparagraph (F), the court may
consider any other criteria that the court deems relevant to its
decision, so long as the court identifies them on the record,
provides a statement of reasons for adopting them, and states why the
defendant does or does not satisfy the criteria.
(J) This subdivision shall have retroactive application.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.
The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that a
defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required to
register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
(3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, or (D) is convicted of a
crime and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, an executed sentence for a felony punishable
pursuant to this subdivision shall be served in state prison.
(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
(5) The court, when imposing a sentence pursuant to paragraph (1)
or (2) of this subdivision, may commit the defendant to county jail
as follows:
(A) For a full term in custody as determined in accordance with
the applicable sentencing law.
(B) (i) For a term as determined in accordance with the applicable
sentencing law, but suspend execution of a concluding portion of the
term selected in the court's discretion, during which time the
defendant shall be supervised by the county probation officer in
accordance with the terms, conditions, and procedures generally
applicable to persons placed on probation, for the remaining unserved
portion of the sentence imposed by the court. The period of
supervision shall be mandatory, and may not be earlier terminated
except by court order. Any proceeding to revoke or modify mandatory
supervision under this subparagraph shall be conducted pursuant to
either subdivisions (a) and (b) of Section 1203.2 or Section 1203.3.
During the period when the defendant is under such supervision,
unless in actual custody related to the sentence imposed by the
court, the defendant shall be entitled to only actual time credit
against the term of imprisonment imposed by the court. Any time
period which is suspended because a person has absconded shall not be
credited toward the period of supervision.
(ii) The portion of a defendant's sentenced term during which time
he or she is supervised by the county probation officer pursuant to
this subparagraph shall be known as mandatory supervision, and shall
begin upon release from custody.
(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced on
or after October 1, 2011.
(i) This section shall become operative on January 1, 2014.
SEC. 7. Section 1203.2 of the Penal Code is amended to read:
1203.2. (a) At any time during the period of supervision of a
person (1) released on probation under the care of a probation
officer pursuant to this chapter, (2) released on conditional
sentence or summary probation not under the care of a probation
officer, (3) placed on mandatory supervision pursuant to subparagraph
(B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject
to revocation of postrelease community supervision pursuant to
Section 3455, or (5) subject to revocation of parole supervision
pursuant to Section 3000.08, if any probation officer, parole
officer, or peace officer has probable cause to believe that the
supervised person is violating any term or condition of his or her
supervision, the officer may, without warrant or other process and at
any time until the final disposition of the case, rearrest the
supervised person and bring him or her before the court or the court
may, in its discretion, issue a warrant for his or her rearrest. Upon
such rearrest, or upon the issuance of a warrant for rearrest the
court may revoke and terminate the supervision of the person if the
interests of justice so require and the court, in its judgment, has
reason to believe from the report of the probation or parole officer
or otherwise that the person has violated any of the conditions of
his or her supervision, has become abandoned to improper associates
or a vicious life, or has subsequently committed other offenses,
regardless whether he or she has been prosecuted for such offenses.
However, the court shall not terminate parole pursuant to this
section. Supervision shall not be revoked for failure of a person to
make restitution imposed as a condition of supervision unless the
court determines that the defendant has willfully failed to pay and
has the ability to pay. Restitution shall be consistent with a person'
s ability to pay. The revocation, summary or otherwise, shall serve
to toll the running of the period of supervision.
(b) (1) Upon its own motion or upon the petition of the supervised
person, the probation or parole officer, or the district attorney,
the court may modify, revoke, or terminate supervision of the person
pursuant to this subdivision, except that the court shall not
terminate parole pursuant to this section. The court in the county in
which the person is supervised has jurisdiction to hear the motion
or petition, or for those on parole, either the court in the county
of supervision or the court in the county in which the alleged
violation of supervision occurred. A person supervised on parole or
postrelease community supervision pursuant to Section 3455 may not
petition the court pursuant to this section for early release from
supervision, and a petition under this section shall not be filed
solely for the purpose of modifying parole. Nothing in this section
shall prohibit the court in the county in which the person is
supervised or in which the alleged violation of supervision occurred
from modifying a person's parole when acting on the court's own
motion or a petition to revoke parole. The court shall give notice of
its motion, and the probation or parole officer or the district
attorney shall give notice of his or her petition to the supervised
person, his or her attorney of record, and the district attorney or
the probation or parole officer, as the case may be. The supervised
person shall give notice of his or her petition to the probation or
parole officer and notice of any motion or petition shall be given to
the district attorney in all cases. The court shall refer its motion
or the petition to the probation or parole officer. After the
receipt of a written report from the probation or parole officer, the
court shall read and consider the report and either its motion or
the petition and may modify, revoke, or terminate the supervision of
the supervised person upon the grounds set forth in subdivision (a)
if the interests of justice so require.
(2) The notice required by this subdivision may be given to the
supervised person upon his or her first court appearance in the
proceeding. Upon the agreement by the supervised person in writing to
the specific terms of a modification or termination of a specific
term of supervision, any requirement that the supervised person make
a personal appearance in court for the purpose of a modification or
termination shall be waived. Prior to the modification or termination
and waiver of appearance, the supervised person shall be informed of
his or her right to consult with counsel, and if indigent the right
to secure court appointed counsel. If the supervised person waives
his or her right to counsel a written waiver shall be required. If
the supervised person consults with counsel and thereafter agrees to
a modification, revocation, or termination of the term of supervision
and waiver of personal appearance, the agreement shall be signed by
counsel showing approval for the modification or termination and
waiver.
(c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for any
time within the longest period for which the person might have been
sentenced. However, if the judgment has been pronounced and the
execution thereof has been suspended, the court may revoke the
suspension and order that the judgment shall be in full force and
effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits herein
provided for.
(d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon the
revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities if he or she is
otherwise eligible for such commitment.
(e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for good
cause upon motion made before pronouncement of judgment. If probation
has been revoked after the judgment has been pronounced, the
judgment and the order which revoked the probation may be set aside
for good cause within 30 days after the court has notice that the
execution of the sentence has commenced. If an order setting aside
the judgment, the revocation of probation, or both is made after the
expiration of the probationary period, the court may again place the
person on probation for that period and with those terms and
conditions as it could have done immediately following conviction.
(f) As used in this section, the following definitions shall
apply:
(1) "Court" means a judge, magistrate, or revocation hearing
officer described in Section 71622.5 of the Government Code.
(2) "Probation officer" means a probation officer as described in
Section 1203 or an officer of the agency designated by the board of
supervisors of a county to implement postrelease community
supervision pursuant to Section 3451.
(3) "Supervised person" means a person who satisfies any of the
following:
(A) He or she is released on probation subject to the supervision
of a probation officer.
(B) He or she is released on conditional sentence or summary
probation not under the care of a probation officer.
(C) He or she is subject to mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
(D) He or she is subject to revocation of postrelease community
supervision pursuant to Section 3455.
(E) He or she is subject to revocation of parole pursuant to
Section 3000.08.
(g) Nothing in this section affects the authority of the
supervising agency to impose intermediate sanctions, including flash
incarceration, to persons supervised on parole pursuant to Section
3000.8 or postrelease community supervision pursuant to Part 3
(commencing with Section 3450) of Title 2.05.
SEC. 8. Section 3000.08 of the Penal Code, as amended by Section
44 of Chapter 24 of the Statutes of 2012, is amended to read:
3000.08. (a) A person released from state prison on or after
October 1, 2011, after serving a prison term, or whose sentence has
been deemed served pursuant to Section 2900.5, for any of the
following crimes is subject to the jurisdiction of and parole
supervision by the Department of Corrections and Rehabilitation:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime for which the person is classified as a high risk
sex offender.
(5) Any crime for which the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(b) Notwithstanding any other law, all other offenders released
from prison shall be placed on postrelease supervision pursuant to
Title 2.05 (commencing with Section 3450).
(c) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(d) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
(e) Any person released to parole supervision pursuant to
subdivision (a) shall, regardless of any subsequent determination
that the person should have been released pursuant to subdivision
(b), remain subject to subdivision (a) after having served 60 days
under supervision pursuant to subdivision (a).
(f) This section shall be operative only until July 1, 2013, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 9. Section 3000.08 of the Penal Code, as amended by Section
35 of Chapter 43 of the Statutes of 2012, is amended to read:
3000.08. (a) A person released from state prison prior to or on
or after July 1, 2013, after serving a prison term, or whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes is subject to parole supervision by the Department
of Corrections and Rehabilitation and the jurisdiction of the court
in the county in which the parolee is released, resides, or in which
an alleged violation of supervision has occurred, for the purpose of
hearing petitions to revoke parole and impose a term of custody:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime for which the person is classified as a high risk
sex offender.
(5) Any crime for which the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(b) Notwithstanding any other law, all other offenders released
from prison shall be placed on postrelease supervision pursuant to
Title 2.05 (commencing with Section 3450).
(c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the court, or the
court may, in its discretion, issue a warrant for that person's
arrest pursuant to Section 1203.2.
(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a county jail. Periods of "flash incarceration," as
defined in subdivision (e) are encouraged as one method of punishment
for violations of a parolee's conditions of parole. This section
does not preclude referrals to a reentry court pursuant to Section
3015.
(e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.
(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2, petition
either the court in the county in which the parolee is being
supervised or the court in the county in which the alleged violation
of supervision occurred, to revoke parole. At any point during the
process initiated pursuant to this section, a parolee may waive, in
writing, his or her right to counsel, admit the parole violation,
waive a court hearing, and accept the proposed parole modification or
revocation. The petition shall include a written report that
contains additional information regarding the petition, including the
relevant terms and conditions of parole, the circumstances of the
alleged underlying violation, the history and background of the
parolee, and any recommendations. The Judicial Council shall adopt
forms and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the court shall have authority to
do any of the following:
(1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
(2) Revoke parole and order the person to confinement in the
county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision (f)
shall not exceed a period of 180 days in the county jail.
(h) Notwithstanding any other law, if Section 3000.1 or paragraph
(4) of subdivision (b) of Section 3000 applies to a person who is on
parole and the court determines that the person has committed a
violation of law or violated his or her conditions of parole, the
person on parole shall be remanded to the custody of the Department
of Corrections and Rehabilitation and the jurisdiction of the Board
of Parole Hearings for the purpose of future parole consideration.
(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(j) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, are subject to
the jurisdiction of the Board of Parole Hearings. Parole revocation
proceedings conducted by the Board of Parole Hearings prior to July
1, 2013, if reopened on or after July 1, 2013, are subject to the
jurisdiction of the Board of Parole Hearings.
(k) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
( l ) Any person released to parole supervision
pursuant to subdivision (a) shall, regardless of any subsequent
determination that the person should have been released pursuant to
subdivision (b), remain subject to subdivision (a) after having
served 60 days under supervision pursuant to subdivision (a).
(m) This section shall become operative on July 1, 2013.
SEC. 10. Section 3003 of the Penal Code is amended to read:
3003. (a) Except as otherwise provided in this section, an inmate
who is released on parole or postrelease supervision as provided by
Title 2.05 (commencing with Section 3450) shall be returned to the
county that was the last legal residence of the inmate prior to his
or her incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county wherein the
inmate committed an offense while confined in a state prison or local
jail facility or while confined for treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, as
determined by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or
vocational training program.
(4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
(c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to the
safety of the community and any witnesses and victims.
(d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
(e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate or inmate placed on
postrelease supervision pursuant to Title 2.05 (commencing with
Section 3450) who is released in their jurisdictions:
(A) Last, first, and middle name.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole and discharge.
(E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
(F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the inmate.
(I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
(K) Contact officer and unit, including all of the following
information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
(M) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(2) Unless the information is unavailable, the Department of
Corrections and Rehabilitation shall electronically transmit to the
county agency identified in subdivision (a) of Section 3451 the
inmate's tuberculosis status, specific medical, mental health, and
outpatient clinic needs, and any medical concerns or disabilities for
the county to consider as the offender transitions onto postrelease
community supervision pursuant to Section 3450, for the purpose of
identifying the medical and mental health needs of the individual.
All transmissions to the county agency shall be in compliance with
applicable provisions of the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal
Health Information Technology for Clinical Health Act (HITECH)
(Public Law 111-005), and the implementing of privacy and security
regulations in Parts 160 and 164 of Title 45 of the Code of Federal
Regulations. This paragraph shall not take effect until the Secretary
of the United States Department of Health and Human Services, or his
or her designee, determines that this provision is not preempted by
HIPAA.
(3) Except for the information required by paragraph (2), the
information required by this subdivision shall come from the
statewide parolee database. The information obtained from each source
shall be based on the same timeframe.
(4) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information shall
be continually available to local law enforcement agencies upon
request.
(5) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other provision of law, an inmate who is
released on parole shall not be returned to a location within 35
miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, and
paragraph (16) of subdivision (c) of Section 667.5 or a felony in
which the defendant inflicts great bodily injury on any person other
than an accomplice that has been charged and proved as provided for
in Section 12022.53, 12022.7, or 12022.9, if the victim or witness
has requested additional distance in the placement of the inmate on
parole, and if the Board of Parole Hearings or the Department of
Corrections and Rehabilitation finds that there is a need to protect
the life, safety, or well-being of a victim or witness.
(g) Notwithstanding any other law, an inmate who is released on
parole for a violation of Section 288 or 288.5 whom the Department of
Corrections and Rehabilitation determines poses a high risk to the
public shall not be placed or reside, for the duration of his or her
parole, within one-half mile of any public or private school
including any or all of kindergarten and grades 1 to 12, inclusive.
(h) Notwithstanding any other law, an inmate who is released on
parole for an offense involving stalking shall not be returned to a
location within 35 miles of the victim's actual residence or place of
employment if the victim or witness has requested additional
distance in the placement of the inmate on parole, and if the Board
of Parole Hearings or the Department of Corrections and
Rehabilitation finds that there is a need to protect the life,
safety, or well-being of the victim.
(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
(j) An inmate may be paroled to another state pursuant to any
other law. The Department of Corrections and Rehabilitation shall
coordinate with local entities regarding the placement of inmates
placed out of state on postrelease supervision pursuant to Title 2.05
(commencing with Section 3450).
(k) (1) Except as provided in paragraph (2), the Department of
Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data System
(LEADS) in conformance with subdivision (e). County agencies
supervising inmates released to postrelease supervision pursuant to
Title 2.05 (commencing with Section 3450) shall provide any
information requested by the department to ensure the availability of
accurate information regarding inmates released from state prison.
This information may include the issuance of warrants, revocations,
or the termination of postrelease supervision. On or before August 1,
2011, county agencies designated to supervise inmates released to
postrelease supervision shall notify the department that the county
agencies have been designated as the local entity responsible for
providing that supervision.
(2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
( l ) In addition to the requirements under subdivision
(k), the Department of Corrections and Rehabilitation shall submit to
the Department of Justice data to be included in the supervised
release file of the California Law Enforcement Telecommunications
System (CLETS) so that law enforcement can be advised through CLETS
of all persons on postrelease community supervision and the county
agency designated to provide supervision. The data required by this
subdivision shall be provided via electronic transfer.
SEC. 11. Section 3451 of the Penal Code is amended to read:
3451. (a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b), all
persons released from prison on and after October 1, 2011, or, whose
sentence has been deemed served pursuant to Section 2900.5 after
serving a prison term for a felony shall, upon release from prison
and for a period not exceeding three years immediately following
release, be subject to community supervision provided by a county
agency designated by each county's board of supervisors which is
consistent with evidence-based practices, including, but not limited
to, supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under postrelease supervision.
(b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:
(1) A serious felony described in subdivision (c) of Section
1192.7.
(2) A violent felony described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime for which the person is classified as a high risk
sex offender.
(5) Any crime for which the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(c) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county's board of supervisors.
(2) The Department of Corrections and Rehabilitation shall inform
every prisoner subject to the provisions of this title, upon release
from state prison, of the requirements of this title and of his or
her responsibility to report to the county agency responsible for
serving that inmate. The department shall also inform persons serving
a term of parole for a felony offense who are subject to this
section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.
(d) Any person released to postrelease community supervision
pursuant to subdivision (a) shall, regardless of any subsequent
determination that the person should have been released to parole
pursuant to Section 3000.08, remain subject to subdivision (a) after
having served 60 days under supervision pursuant to subdivision (a).
SEC. 12. Section 4019.1 is added to the Penal Code, to read:
4019.1. (a) Notwithstanding any other law, the sheriff or county
director of corrections may, at his or her discretion, award
additional time credits to any inmate sentenced to the county jail
who participates in an in-custody work or job training program other
than those specified in Section 4019.2, and who is eligible to
receive one day of credit for every one day of incarceration pursuant
to Section 4019. The sheriff or county director of corrections may
instead award one and one-half days of credit for every one day of
incarceration while satisfactorily participating in work or job
training subject to this section.
(b) As used in this section, a work or job training program
includes, but is not limited to, any inmate working on an industrial
farm or industrial road camp as authorized in Section 4101, an
environmental improvement and preservation program, or projects such
as forest and brush fire prevention, forest, brush, and watershed
management, fish and game management, soil conservation, and forest
and watershed revegetation.
SEC. 13. Section 5003.2 is added to the Penal Code, to read:
5003.2. (a) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee, shall provide written
notification to any county impacted by the opening, closing, or
changing of location of any reception center that accepts prisoners
from county facilities, or by the opening, closing, or changing of
the location of a parole office. Written notification of these
changes shall also be provided to the California State Association of
Counties, the California State Sheriffs' Association, and the Chief
Probation Officers of California at least 90 days prior to the
proposed change.
(b) The notification requirement in this section shall not apply
to the opening, closing, or changing of location of a facility due to
an emergency created by a riot, quarantine, or natural disaster.
SEC. 14. Section 13821 of the Penal Code is amended to read:
13821. (a) For the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 to the
California Emergency Management Agency. The Controller shall allocate
these funds on a quarterly basis beginning on October 1. These funds
shall be allocated by the Controller pursuant to a schedule provided
by the California Emergency Management Agency which shall be
developed according to the agency's existing programmatic guidelines
and the following percentages:
(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal
year.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2
percent in the 2011-12 fiscal year.
(3) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
year.
(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83 percent
in the 2011-12 fiscal year.
(5) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 3.91 percent in the 2011-12 fiscal year.
(6) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 9.06
percent in the 2011-12 fiscal year.
(b) For the 2011-12 fiscal year, the California Emergency
Management Agency may be reimbursed up to five hundred eleven
thousand dollars ($511,000) from the funds allocated in subdivision
(a) for program administrative costs.
(c) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 8.35 percent of the amount deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 and
shall distribute the moneys as follows:
(1) Commencing with the 2012-13 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive
47.52 percent and shall be allocated by the Controller according to
the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt County |1.0198% |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside County |5.6395% |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis Obispo |1.3483% |
|County | |
+--------------------+-------------+
|San Mateo County |1.1224% |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz County |0.8333% |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou County |0.3401% |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(2) Commencing with the 2013-14 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive
47.52 percent and shall be allocated in monthly installments by the
Controller according to the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt County |1.0198% |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside County |5.6395% |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis Obispo |1.3483% |
|County | |
+--------------------+-------------+
|San Mateo County |1.1224% |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz County |0.8333% |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou County |0.3401% |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(3) Commencing with the 2012-13 fiscal year, the Multi-Agency
Gang Enforcement Consortium shall receive 0.2 percent and shall be
allocated by the Controller to Fresno County.
(4) Commencing with the 2013-14 fiscal year, the Multi-Agency Gang
Enforcement Consortium shall receive 0.2 percent and shall be
allocated in monthly installments by the Controller to Fresno County.
(5) Commencing with the 2012-13 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48 percent and shall be allocated by the Controller according to
the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(6) Commencing with the 2013-14 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48 percent and shall be allocated by the Controller in monthly
installments according to the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(7) Commencing with the 2012-13 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.83 percent and shall be allocated by the
Controller according to the following schedule:
+----------------------------------+--------------+
|Los Angeles County |18.25% |
+----------------------------------+--------------+
|Marin County |18.25% |
+----------------------------------+--------------+
|Marin County, for use by the | |
|Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+----------------------------------+--------------+
|Marin County, for use by the | |
|California District Attorneys |1.75% |
|Association in implementing | |
|subdivision (b) of Section 13848.4| |
+----------------------------------+--------------+
|Sacramento County |18.25% |
+----------------------------------+--------------+
|San Diego County |18.25% |
+----------------------------------+--------------+
|Santa Clara County |18.25% |
+----------------------------------+--------------+
(8) Commencing with the 2013-14 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.83 percent and shall be allocated by the
Controller in monthly installments according to the following
schedule:
+----------------------------------+--------------+
|Los Angeles County |18.25% |
+----------------------------------+--------------+
|Marin County |18.25% |
+----------------------------------+--------------+
|Marin County, for use by | |
|the Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+----------------------------------+--------------+
|Marin County, for use by the | |
|California District Attorneys |1.75% |
|Association in implementing | |
|subdivision (b) of Section 13848.4| |
+----------------------------------+--------------+
|Sacramento County |18.25% |
+----------------------------------+--------------+
|San Diego County |18.25% |
+----------------------------------+--------------+
|Santa Clara County |18.25% |
+----------------------------------+--------------+
(9) Commencing with the 2012-13 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.91 percent and shall be allocated by the Controller according to
the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey County |9.6775% |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(10) Commencing with the 2013-14 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.91 percent and shall be allocated by the Controller in monthly
installments according to the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey County |9.6775% |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(11) Commencing with the 2012-13 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06 percent and shall be
allocated by the Controller according to the following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare |16.5415% |
|County | |
+------------------+----------------+
(12) Commencing with the 2013-14 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06 percent and shall be
allocated by the Controller in monthly installments according to the
following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare County |16.5415% |
+------------------+----------------+
(d) For any of the programs described in this section, funding
will be distributed by local agencies as would otherwise have
occurred pursuant to Section 1 of Chapter 13 of the Statutes of 2011,
First Extraordinary Session.
SEC. 15. Section 1955 of the Welfare and Institutions Code is
amended to read:
1955. (a) The allocation amount for each county from the Youthful
Offender Block Grant Fund for offenders subject to Sections 733,
1766, and 1767.35 shall be allocated in four equal installments, to
be paid in September, December, March, and June of each fiscal year,
until June 30, 2013. Commencing with the 2013-14 fiscal year, the
allocation amount for each county from the Youthful Offender Block
Grant Special Account established in paragraph (2) of subdivision (c)
of Section 30025 of the Government Code for offenders subject to
Sections 733, 1766, and 1767.35 shall be allocated in monthly
installments. In each fiscal year, the allocation amount shall be
determined as follows:
(1) Fifty percent based on the number of the county's juvenile
felony court dispositions, according to the most recent data compiled
by the Department of Justice, calculated as a percentage of the
state total.
(2) Fifty percent based on the county's population of minors from
10 to 17 years of age, inclusive, according to the most recent data
published by the Department of Finance, calculated as a percentage of
the state total.
(b) Each county shall receive a minimum block grant allocation of
fifty-eight thousand five hundred dollars ($58,500) for the 2007-08
fiscal year, and a minimum block grant allocation of one hundred
seventeen thousand dollars ($117,000) for each fiscal year
thereafter.
(c) Commencing with the 2008-09 fiscal year, allocations shall be
available to counties that have met the requirements of Section 1961.
SEC. 16. Section 1984 of the Welfare and Institutions Code is
amended to read:
1984. (a) The amount allocated to each county probation
department from the Juvenile Reentry Grant shall be distributed in
two equal payments to be paid on October 30 and May 30 of each fiscal
year, until June 30, 2013. Commencing with the 2013-14 fiscal year,
the amount allocated to each county probation department from the
Juvenile Reentry Grant Special Account established in paragraph (2)
of subdivision (c) of Section 30025 of the Government Code shall be
allocated in monthly installments. In each fiscal year the amount
allocated to each county probation department from the Juvenile
Reentry Grant Special Account shall be distributed pursuant to the
criteria set forth in subdivisions (b) to (g), inclusive, of this
section.
(b) Consistent with Sections 1766 and 1766.01, funds shall be
allocated in the amount of fifteen thousand dollars ($15,000) on an
average daily population basis per ward discharged to the
jurisdiction of the court and ordered by the court to be supervised
by local county probation for monitoring and services during the
previous fiscal year based on the actual number of discharged wards
supervised at the local level. For each discharged ward, this funding
shall be provided for 24 months.
(c) Consistent with Sections 208.5, 1767.35, and 1767.36, funds
shall be allocated in the amount of one hundred fifteen thousand
dollars ($115,000) on an average daily population basis per
discharged ward transferred to a local juvenile facility for
violating a condition of court-ordered supervision during the
previous fiscal year based on the actual number of discharged wards
housed in a local juvenile detention facility or court-ordered
placement facility where the costs of the housing is not reimbursable
to the county through Title IV-E of the federal Social Security Act,
or Medi-Cal. For each discharged ward, this funding shall be
provided for the actual number of months the ward is housed in a
facility up to 12 months. This funding shall not be provided for
wards housed in a jail under any circumstances.
(d) Consistent with Section 731.1, funds shall be allocated in the
amount of fifteen thousand dollars ($15,000) on an average daily
population basis per parolee recalled by the county of commitment for
monitoring and services during the previous fiscal year based on the
actual number of parolees recalled. For each recalled parolee, this
funding shall be provided for the remaining duration of the term of
state supervision, not to exceed 24 months.
(e) Consistent with Sections 1766 and 1766.01, funds shall be
allocated in the amount of fifteen thousand dollars ($15,000) on an
average daily population basis per discharged ward transferred to the
county of commitment for monitoring and services during the previous
fiscal year based on the actual number of wards transferred. For
each ward transferred on and after July 1, 2014, this funding shall
be provided for the remaining duration of the term of juvenile court
jurisdiction, not to exceed 24 months.
(f) Consistent with Sections 208.5, 1767.35, and 1767.36, no
additional funding, beyond the initial fifteen thousand dollars
($15,000) provided pursuant to subdivision (b) shall be allocated to
counties for discharged wards who are housed in county jail or in any
other county correctional facility for violating a condition of
court-ordered supervision during the previous fiscal year.
(g) Consistent with Sections 208.5, 1767.35, and 1767.36, no
additional funding, beyond the initial fifteen thousand dollars
($15,000) provided pursuant to subdivision (b) shall be allocated to
counties for discharged wards who are housed in a state juvenile
facility for violating a condition of court-ordered supervision
during the previous fiscal year.
SEC. 17. Section 18220 of the Welfare and Institutions Code is
amended to read:
18220. (a) For the 2011-12 fiscal year, the Controller shall
allocate 33.38 percent of the funds deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 for
purposes of Section 18221.
(b) (1) Commencing with the 2012-13 fiscal year, the Controller
shall allocate 30.99 percent of the funds deposited in the Enhancing
Law Enforcement Activities Subaccount in the Local Revenue Fund 2011
according to the schedule in subdivision (c), for purposes of Section
18221.
(2) Commencing with the 2013-14 fiscal year, the Controller shall
allocate, in monthly installments, the funds specified in paragraph
(1) in accordance with subdivision (c).
(c) The Controller shall allocate funds to local jurisdictions to
support juvenile probation activities according to the following
schedule:
Alameda County....... 3.9522%
Alpine County........ 0.0004%
Amador County........ 0.0597%
Butte County......... 0.3193%
Calaveras County..... 0.0611%
Colusa County........ 0.0341%
Contra Costa County.. 2.6634%
Del Norte County..... 0.1170%
El Dorado County..... 0.3016%
Fresno County.. 2.1547%
Glenn County......... 0.0536%
Humboldt County...... 0.1696%
Imperial County...... 0.3393%
Inyo County.......... 0.1432%
Kern County.......... 2.5687%
Kings County......... 0.3839%
Lake County.......... 0.1866%
Lassen County........ 0.0543%
Los Angeles County... 40.1353%
Madera County........ 0.2399%
Marin County......... 0.3742%
Mariposa County...... 0.0133%
Mendocino County..... 0.1975%
Merced County........ 0.3464%
Modoc County......... 0.0213%
Mono County.......... 0.0071%
Monterey 0.6039%
County...............
Napa County.......... 0.3520%
Nevada County........ 0.1244%
Orange County........ 8.4582%
Placer County........ 0.2667%
Plumas County........ 0.0273%
Riverside County..... 3.2234%
Sacramento County.... 2.1350%
San Benito County.... 0.2136%
San Bernardino 3.4715%
County...............
San Diego County..... 5.6095%
San Francisco County. 1.9161%
San Joaquin County... 0.8854%
San Luis Obispo 0.6007%
County...............
San Mateo County..... 1.8974%
Santa Barbara County. 1.6561%
Santa Clara County... 5.8082%
Santa Cruz County.... 0.6128%
Shasta County........ 0.4116%
Sierra County........ 0.0037%
Siskiyou County...... 0.0750%
Solano County........ 1.0363%
Sonoma County........ 1.3043%
Stanislaus County.... 0.5275%
Sutter County........ 0.1344%
Tehama County........ 0.1444%
Trinity County....... 0.0346%
Tulare County........ 1.4116%
Tuolumne County...... 0.0706%
Ventura County....... 1.7193%
Yolo County.......... 0.2543%
Yuba County.......... 0.1125%
SEC. 18. Section 18220.1 of the Welfare and Institutions Code is
amended to read:
18220.1. (a) For the 2011-12 fiscal year, the Controller shall,
on a quarterly basis beginning October 1, allocate 6.47 percent of
the funds deposited in the Local Law Enforcement Services Account in
the Local Revenue Fund 2011 pursuant to a schedule provided by the
Department of Corrections and Rehabilitation. The department's
schedule shall provide for the allocation of funds appropriated in
the annual Budget Act, and included in the Local Law Enforcement
Services Account, among counties that operate juvenile camps and
ranches based on the number of occupied beds in each camp as of 12:01
a.m. each day, up to the Corrections Standards Authority rated
maximum capacity, as determined by the Corrections Standards
Authority.
(b) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 6.01 percent of the funds deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011
pursuant to the schedule provided by the Department of Finance based
on data reported to the Board of State and Community Corrections. The
schedule shall provide for the allocation of funds appropriated in
the annual Budget Act, and included in the Enhancing Law Enforcement
Activities Subaccount, among counties that operate juvenile camps and
ranches based on the number of occupied beds in each camp as of
12:01 a.m. each day, up to the rated maximum capacity, as determined
by the board. Allocations shall be made following the end of each
fiscal quarter, beginning July 1, 2012, to account for beds occupied
in that quarter.
(c) Commencing with the 2013-14 fiscal year, the Controller shall
allocate 6.01 percent of the funds deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011
pursuant to the schedule provided by the Department of Finance based
on data reported to the Board of State and Community Corrections. The
schedule shall provide for the allocation of funds appropriated in
the annual Budget Act, and included in the Enhancing Law Enforcement
Activities Subaccount, among counties that operate juvenile camps and
ranches based on the number of occupied beds in each camp as of
12:01 a.m. each day, up to the rated maximum capacity, as determined
by the board. Allocations shall be made in monthly installments.
SEC. 19. 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.
SEC. 20. The amount of two thousand dollars ($2,000) is hereby
appropriated from the California Bingo Fund to the Gambling Control
Commission for the purpose of supporting workload associated with the
licensing of remote caller bingo vendors, and shall be available for
encumbrance and expenditure until June 30, 2014.
SEC. 21. 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.