Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician.
This bill would require the Department of Corrections and Rehabilitation and county authorities to report biannually to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The bill would require the Department of Justice to evaluate the information provided and additional records, as specified, to determine whether the defendant is entitled to the above-described conviction relief. The bill would require the Department of Justice to contact those defendants that it determines are entitled to relief. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, the bill would impose a state-mandated local program.
This bill would, in addition to the procedure described above, allow a defendant to have their pleading dismissed by requiring the Department of Justice, beginning July 1, 2026, to review the records in the state summary criminal history information database and to identify persons who successfully participated in the California Conservation Camp program, as specified. The bill would require the Department of Justice to notify the prosecution that those persons are potentially eligible to have a pleading dismissed. Upon receipt and within 30 days of notice from the Department of Justice, the bill would require the prosecution to determine whether to oppose relief and to either inform the court when they are not opposing relief or inform the court and the applicable public defender's office when they are opposing relief. The bill would require the court to determine, in its discretion, whether to issue an order to grant relief, as specified. The bill would require the Department of Justice to update its records, as described. The bill would clarify that a person, if denied relief, is still entitled to file a petition on their own behalf, as described above.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.