(1) Existing law, the California Public Records Act, authorizes the inspection and copying of any public record except where specifically prohibited by law. Existing law, with specified exemptions, makes confidential and exempts from disclosure the personnel records of peace officers and custodial records and certain other records maintained by their employing agencies. Existing law provides that this exemption from disclosure does not apply to investigations of these officers or their employing agencies and related proceedings conducted by a grand jury, a district attorney's office, or the Attorney General's office.
Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law establishes the Peace Officer Standards Accountability Division within POST to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that may provide grounds for suspension or revocation of a peace officer's certification.
This bill would exempt from the aforementioned confidentiality provisions, investigations of peace officers and custodial officers or their employing agencies and related proceedings conducted by POST. This bill would provide that, until January 1, 2027, specified records in the possession of POST related to these functions are not public records subject to disclosure, although those same records may be subject to disclosure by the agency that employs or previously employed the peace officer.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(2) Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on July 1, 2023, existing law makes arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. Commencing on July 1, 2023, existing law makes conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified.
This bill would delay the implementation of these provisions until July 1, 2024.
(3) Existing law authorizes the court, in its discretion and in the interest of justice in specified cases, to permit the defendant to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, to set aside the verdict of guilty, and to dismiss the accusations or information against the defendant and release the defendant from all penalties and disabilities resulting from the offense for which they have been convicted. Existing law authorizes a person who was under 18 years of age at the time of commission of a misdemeanor to, in specified circumstances, petition the court for an order sealing the record of conviction and other official records in the case. Existing law authorizes the court to require the defendant or petitioner in these circumstances to reimburse the court, city, and county for actual costs of services rendered under these provisions.
This bill would repeal the authority to require that reimbursement.
(4) Existing law requires a court to order a defendant who is convicted of a crime in this state to pay full restitution to the victim and a separate restitution fine, as specified.
Existing law, in specified cases, including when the defendant has successfully completed probation, requires a court to dismiss the accusation, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Existing law prohibits a petition for relief from being denied due to an unfulfilled order of restitution or restitution fine.
This bill would extend the prohibition against a petition being denied due to unpaid restitution to a person eligible for expungement based on successful participation in the California Conservation Camp program.
(5) Existing law establishes the Department of Corrections and Rehabilitation to, among other duties, administer the operations of numerous state prison facilities.
This bill would require the department to submit reports to the Legislature, as specified, assessing the facility needs of the department in order to assist the Legislature in decisions relating to prison closures.
(6) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons, and requires regulations, which are adopted by the Department of Corrections and Rehabilitation, that may impact the visitation of inmates to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations establish the framework for establishing a visiting process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations.
This bill would require the department to, by July 1, 2024, upon request by a visitor, scan certain documents into the Strategic Offender Management Systems (SOMS) , including, among other documents, a birth certificate for a visiting minor, as specified. The bill would require the department to allow a visitor for an in-person visit or an approved family visit to bring certain items for the visit, including, among other things, items for infants and toddlers, as specified.
(7) Existing law, the Reproductive Rights Law Enforcement Act, requires the Attorney General to direct local law enforcement agencies, district attorneys, and elected city attorneys to provide to the Department of Justice, on an annual basis, specified information relating to anti-reproductive-rights crimes, as defined, and to produce an annual report for the Legislature beginning January 1, 2025.
This bill would instead require the Attorney General to collect the above-described information on a monthly basis and produce an annual report for the Legislature beginning July 1, 2025. By requiring local law enforcement agencies, district attorneys, and elected city attorneys to provide information on a more frequent basis, this bill would impose a state-mandated local program.
(8) Existing law requires the Attorney General to establish and maintain an online database known as the Prohibited Armed Persons File, also referred to as the Armed Prohibited Persons System (APPS) , to cross-reference persons who have ownership or possession of a firearm and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law requires the Department of Justice to report to the Legislature, no later than April 1 of each year, specified information relating to the APPS, including the number of individuals in the APPS and the degree to which the backlog in the APPS has been reduced or eliminated.
This bill would instead require the department to report to the Legislature no later than March 15 of each year.
(9) Under existing law, there is and continues to be a state prison known as the California State Prison at San Quentin.
This bill would rename the prison to San Quentin Rehabilitation Center and would make conforming changes.
Existing law authorizes the Director of General Services to use the progressive design-build procurement process for the construction of up to 3 capital outlay projects, as jointly determined by the Department of General Services and the Department of Finance, and prescribes that process. Existing law defines "progressive design-build" as a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. Existing law, pursuant to the process, after selection of a design-build entity, authorizes the Department of General Services to contract for design and preconstruction services sufficient to establish a guaranteed maximum price, as defined. Existing law authorizes the department, upon agreement on a guaranteed maximum price, to amend the contract in its sole discretion, as specified. Existing law requires specified information to be verified under penalty of perjury.
This bill would require the Department of Corrections and Rehabilitation to use the progressive design-build procurement process for the demolition of Building 38 and the design and construction of a new educational and vocational center at the San Quentin Rehabilitation Center, and would prescribe that process. The bill would require each design-build entity, as defined, to submit specified information in a statement of qualifications that is to be verified under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would prescribe the process for the department to determine which design-build entity offers the best value to the public for the design-build project, as defined. The bill would require the selected design-build entity to provide payment and performance bonds and errors and omissions insurance coverage, as specified. The bill would, pursuant to the process, authorize the department to contract for design and preconstruction services sufficient to establish a guaranteed maximum price, as defined. Upon agreement on a guaranteed maximum price, the bill would authorize the department to amend a contract, as specified. The bill would also authorize the department to solicit additional proposals if the department and the design-build entity are unable to reach an agreement.
Existing law requires a state agency to submit to the State Historic Preservation Officer for comment documentation for any project having the potential to affect historical resources listed in or potentially eligible for inclusion in the National Register of Historic Places or registered as or eligible for registration as a state historical landmark. Existing law prohibits a state agency from altering the original or significant historical features or fabric, or transfer, relocate, or demolish historical resources on the master list without first giving notice and a summary of the proposed action to the officer.
This bill would exempt the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and Vocational Center project and the San Quentin Rehabilitation Center, San Quentin: Improvement Projects from the requirements and prohibitions mentioned above.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements certain projects.
This bill would exempt the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and Vocational Center project and the San Quentin Rehabilitation Center, San Quentin: Improvement Projects located on the grounds of the San Quentin Rehabilitation Center from compliance with the CEQA requirements.
(10) Existing law requires the judge of the juvenile court of a county to inspect any jail, juvenile hall, or special purpose juvenile hall that was used for the confinement of a minor in the preceding calendar year, as specified. Existing law requires the Board of State and Community Corrections to conduct a biennial inspection of each jail, juvenile hall, lockup, or special purpose juvenile hall used for the confinement, for more than 24 hours, of a minor. Existing law requires the board to notify the operator of a jail, juvenile hall, or special purpose juvenile hall of any observed noncompliance, as specified. Existing law additionally requires the board to conduct a biennial inspection of juvenile ranches, camps, forestry camps, and secure youth treatment facilities.
The bill would require that the biennial inspections of juvenile ranches, camps, forestry camps, and secure youth treatment facilities comply with the inspection provisions regarding jails, juvenile halls, or special purpose juvenile halls. The bill would replace the term "minor" with "juvenile," as defined, and would make conforming changes.
(11) Existing law authorizes a court to order a ward who is 14 years of age or older to be committed to a secure youth treatment facility, operated by the county of commitment, for a period of confinement if the ward is adjudicated and found to be a ward based on the commitment of a specified serious offense committed when the juvenile was 14 years of age or older, that adjudication is the most recent offense for which the ward has been adjudicated, and the court has made a finding on the record that a less restrictive, alternative disposition for the ward is unsuitable. Existing law requires the baseline term of confinement to be determined according to offense-based classifications, as specified. Existing law requires the court to hold a progress review hearing for the ward not less frequently than once every 6 months during the term of confinement, as specified, and authorizes the court to order a ward to be transferred from a secure youth treatment facility to a less restrictive program. Existing law authorizes a court to order a ward be returned to a secure youth treatment facility if, after placement in a less restrictive program, the court determines that the ward has materially failed to comply with court-ordered conditions of placement in the program.
This bill would prohibit a baseline term of confinement for youth transferred from the Division of Juvenile Justice and committed to a secure youth treatment facility from exceeding a youth's projected juvenile parole board date, as defined, and would require that youth receive credit against their secure youth treatment facility baseline term for all programs completed or substantially completed at the Division of Juvenile Justice, as specified. The bill would specify that the term of confinement during which a court is required to hold progress review hearing includes any term spent in a less restrictive program, pursuant to certain provisions. The bill would also specify that the determination of whether the term will be modified or whether a youth will be assigned to a less restrictive program is a judicial decision and not subject to stipulations of the parties. The bill would authorize a court, if a ward is already assigned to a less restrictive program, to order a reducing in the length of time that the ward is to remain in the less restrictive program before a probation discharge hearing. The bill would prohibit a person who is 25 years of age or older, or a person who was, prior to July 1, 2023, sentenced to state prison and was found to be a ward of the court and committed to the Division of Juvenile Justice, from being detained in a county juvenile facility, unless the court finds that such commitment or detention is in the best interest of that person and does not find that it would create a risk to the other youth in the juvenile facility. The bill would specify where a person 25 years of age or older, a person who was, prior to July 1, 2023, sentenced to state prison and was found to be a ward of the court and committed to the Division of Juvenile Justice, may be committed or detained.
(12) Existing law creates the Division of Juvenile Justice within the Department of Corrections and Rehabilitation to operate facilities to house specified juvenile offenders. Existing law requires the Division of Juvenile Justice to close on June 30, 2023, and provides for the transition of youth who are currently housed within a Division of Juvenile Justice facility to the care and custody of counties.
Existing federal law defines sight or sound contact as any physical, clear visual, or verbal contact that is not brief and inadvertent. Existing federal law prohibits juveniles awaiting trial or other legal process who are treated as adults for purposes of prosecution in criminal court and housed in a secure facility from having sight or sound contact with adult inmates unless the court makes certain findings, as specified.
This bill would authorize a juvenile to have sight or sound contact with other juveniles. The bill would prohibit an incarcerated adult, as defined, who is detained in a juvenile facility from having sight or sound contact with juveniles under 18 years of age. The bill would clarify that a juvenile who is still under the jurisdiction of the juvenile court and who participates in the Pine Grove Youth Conservation Camp shall be considered a juvenile as it relates to sight or sound contact if returned to a local juvenile facility.
To the extent that this bill would impose a higher level of service on local facilities, it would impose a state-mandated local program.
(13) This bill would appropriate $531,000 from the General Fund to the Department of Justice to establish the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, as specified.
(14) This bill would state that its provisions are severable.
(15) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Statutes affected:
06/26/23 - Amended Assembly: 832.7 PEN, 1203.4 PEN, 1203.41 PEN, 1203.42 PEN, 1203.426 PEN, 1203.45 PEN, 2020 PEN, 2021 PEN, 2022 PEN,