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

SECTION 1.
The Legislature finds and declares all of the following:
(a) There are over 7,500 public water systems in California. The vast majority of these systems provide a reliable supply of safe drinking water. However, there are hundreds of smaller public water systems that consistently fail to provide a reliable supply of safe drinking water to their customers. Many failing public water systems were created without the necessary technical, managerial, or financial capacity to be sustainable in the long term in view of water supply uncertainties. These uncertainties can be created by effects on water quality and quantity, global climate change, migration of groundwater contamination, the establishment of new drinking water standards, and other factors that are known to significantly erode a system’s capacity.
(b) Failing public water systems disproportionately affect disadvantaged communities who are least able to afford to address the conditions that led to the failure.
(c) The proliferation of new, unsustainable public water systems also may undermine the state’s human right to water policy.
(d) Therefore, it is the policy of the state to discourage the establishment of new, unsustainable public water systems when there is a feasible alternative.
SEC. 2.
Section 116527 is added to the Health and Safety Code, to read:
116527.
(a) As used in this section, “water-related improvement” includes, but is not limited to, a water pipe, a water pump, or drinking water infrastructure.
(b) (1) Before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report to the state board at least six months before initiating construction of any water-related improvement.
(2) In order to assist in expediting the permitting process, a person that is considering submitting an application for a permit for a proposed new public water system is encouraged, but is not required, to submit the preliminary technical report no later than seven days after submission of an application to the city or county for a building permit for any water-related improvement.
(3) For a proposed new public water system that would be regulated by a local primacy agency, the applicant shall also submit a copy of the preliminary technical report to the state board.
(c) The preliminary technical report shall include all of the following:
(1) The name of each public water system for which any service area boundary is within three miles, as measured through existing public rights-of-way, of any boundary of the applicant’s proposed public water system’s service area.
(2) A discussion of the feasibility of each of the adjacent public water systems identified pursuant to paragraph (1) annexing, connecting, or otherwise supplying domestic water to the applicant’s proposed new public water system’s service area. The applicant shall consult with each adjacent public water system in preparing the report and shall include in the report any information provided by each adjacent public water system regarding the feasibility of annexing, connecting, or otherwise supplying domestic water to that service area.
(3) A discussion of all actions taken by the applicant to secure a supply of domestic water from an existing public water system for the proposed new public water system’s service area.
(4) All sources of domestic water supply for the proposed new public water system.
(5) The estimated cost to construct, operate, and maintain the proposed new public water system, including long-term operation and maintenance costs and a potential rate structure.
(6) A comparison of the costs associated with the construction, operation and maintenance, and long-term sustainability of the proposed new public water system to the costs associated with providing water to the proposed new public water system’s service area through annexation by, consolidation with, or connection to an existing public water system.
(7) A discussion of all actions taken by the applicant to pursue a contract for managerial or operational oversight from an existing public water system.
(8) An analysis of whether a proposed new public water system’s total projected water supplies available during normal, single dry, or multiple dry water years during a 20-year projection will meet the projected water demand for the service area.
(9) Any information provided by the local agency formation commission. The applicant shall consult with the local agency formation commission if any adjacent public water system identified pursuant to paragraph (1) is a local agency as defined by Section 56054 of the Government Code.
(d) (1) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include the information required by subdivision (c), including documentation of the consultation with each adjacent public water system and the local agency formation commission, the applicant may submit those documents to the state board in lieu of the preliminary technical report and the documents shall be considered the functional equivalent of the preliminary technical report.
(2) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include some, but not all, of the information required by subdivision (c), including documentation of the consultation with an adjacent public water system and the local agency formation commission, the applicant shall submit those documents and the preliminary technical report to the state board and together those documents and the preliminary technical report shall be considered the functional equivalent of the preliminary technical report requirements of this section. A preliminary technical report submitted pursuant to this paragraph shall only be required to include information that is not otherwise addressed by the other submitted documents.
(e) Upon review of a preliminary technical report submitted pursuant to this section, the state board may do all of the following actions:
(1) If an existing public water system has not already sought annexation of the service area of a proposed new public water system from the local agency formation commission or the applicant has not already sought an extension of services agreement from an existing public water system, direct the applicant to undertake additional discussion and negotiation with the local agency formation commission and any existing public water system meeting the requirements of paragraph (1) of subdivision (c) that the state board determines has the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system. The state board shall not direct the applicant to undertake additional discussion and negotiation if documentation submitted to the state board demonstrates that additional discussion and negotiation is unlikely to be successful, including, but not limited to, documentation that the local agency formation commission has previously denied the application for an extension of service or annexation, or that the existing public water system has declined to apply to the local agency formation commission for approval of an extension of services to, or annexation of, the service area of the proposed new public water system.
(2) Direct the applicant to report on the results of discussion and negotiations conducted pursuant to paragraph (1) to the state board.
(3) Establish a time schedule for the applicant’s performance of directives issued pursuant to this subdivision.
(f) (1) An applicant shall comply with the state board’s directives as assigned in and consistent with subdivision (e) before submitting an application for a permit for a proposed new public water system under this chapter.
(2) An application for a permit for a proposed new public water system under this chapter shall not be deemed complete unless the applicant has complied with the requirements of this section.
(g) The state board’s review of a preliminary technical report pursuant to this section shall not be deemed a project or approval of a permit application submitted under this chapter.
(h) The requirements of this section do not apply to either of the following:
(1) An application for a permit for a new public water system that was deemed complete prior to January 1, 2017, pursuant to the statutory permit application requirements effective at the date of the permit submission.
(2) An extension of, or annexation to, an existing public water system.
(i) (1) The requirements of this section do not apply to a service area where an applicant certifies in writing to the state board that the applicant will not rely on the establishment of a new public water system for its water supply. The state board shall acknowledge receipt of the applicant’s certification in a timely manner.
(2) An applicant who certifies that the service area will not rely on the establishment of a new public water system and later seeks a permit for a new public water system shall comply with the provisions of this section and shall assume all risk of delay or rejection related to the permit application.
(j) (1) The provisions of this subdivision apply to a proposed new public water system that achieves either or both of the following:
(A) Consolidates two or more existing public water systems, existing state small water systems, or other existing water systems, which results in the creation of a new public water system.
(B) Provides water service in lieu of individual domestic wells.
(2) At least six months before the construction of any water-related improvements, an applicant for a new public water system that meets the criteria in paragraph (1) shall provide a written notice to the state board that does both of the following:
(A) Clearly describes the proposed new public water system and how it meets the criteria in paragraph (1).
(B) Requests an exemption from the requirements of this section.
(3) The state board shall promptly acknowledge receipt of a written notice described in paragraph (2). The state board shall have 30 days from the acknowledgment of receipt of the written notice to issue a written notice to the applicant that compliance with the requirements of this section is necessary and that an application for a permit of a new public water system under this chapter is not complete until the applicant has complied with the requirements of this section. A determination by the state board that compliance with the requirements of this section is necessary shall be final and is not subject to review by the state board. A determination by the state board pursuant to this subdivision is not considered a project subject to Division 13 (commencing with Section 21000) of the Public Resources Code.
(4) If the state board receives a written notice from a project applicant that satisfies the requirements of paragraph (2), the project described in the notice is deemed exempt from the requirements of this section on the 35th day following the date of the state board’s acknowledgment of receipt of the written notice, unless the state board has issued a notice to comply pursuant to paragraph (3).
SEC. 3.
Section 116540 of the Health and Safety Code is amended to read:
116540.
(a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers.
(1) A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system.
(2) A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter.
(b) Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board.
(c) In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a system’s capacity.
(d) If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system if it determines, based on its assessment of the preliminary technical report submitted pursuant to Section 116527, the permit application, and other relevant, substantial evidence submitted, that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future.
(e) An applicant may appeal decisions and actions of the deputy director taken pursuant to this section to the state board.
SEC. 4.
Section 106.4 is added to the Water Code, to read:
106.4.
(a) For the purposes of this section:
(1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code.
(3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility.
(c) This section does not apply to a residence that will be rebuilt because of a natural disaster.
(d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties relating to providing a dependable, safe supply of drinking water. The act prohibits a person from operating a public water system unless he or she first submits an application, including a technical report, to the state board and receives a permit, as specified. The act requires the state board, upon determination that the application is complete, to make a specified investigation, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. The act provides that a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be punished as a misdemeanor. This bill would require a person submitting an application for a permit for a proposed new public water system to first submit a preliminary technical report to the state board at least 6 months before initiating construction of any water-related improvement, as defined. Because a misstatement in the report could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime. The bill would allow the state board to direct the applicant to undertake additional discussion and negotiation with certain existing public water systems the state board determines have the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system, as specified, and would require an applicant to comply before submitting an application for a permit to operate a system and would prohibit the application from being deemed complete unless the applicant has complied. The bill would, if the state board determines that it is feasible for the service area of the public water system addressed by the application to be served by one or more currently permitted public water systems, authorize the state board to deny the permit of a proposed new public water system if it determines that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future, as prescribed. Existing law allows the state board to delegate primary responsibility for the administration and enforcement of the act within a county to a local health officer if certain criteria are met. Existing law requires that the local primacy agency be empowered with all of the authority granted to the state board over the specified public water systems. This bill would prohibit a local primacy agency from issuing a permit to operate a public water system without the concurrence of the state board. The bill would require, for a proposed new public water system that would be regulated by a local primacy agency, the applicant to also submit a copy of the preliminary technical report to the state board. Existing law declares the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. Existing law requires a city or county that determines a project, as defined, is subject to the California Environmental Quality Act to identify certain water systems that may supply water for the project and to request those public water systems to prepare and approve a specified water supply assessment. Under existing law, if no public water system is identified, the city or county is required to prepare and approve the water supply assessment. Existing law provides that if, as a result of its assessment, the public water system or city or county concludes that its water supplies are, or will be, insufficient, the public water system or city or county is required to provide its plans for acquiring additional water supplies, as prescribed. This bill would prohibit a city, including a charter city, or a county from issuing a building permit for the construction of a new residential development where a source of the water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility, as specified. By imposing new duties on a city or county in connection with the issuance of a building permit, the bill would impose a state-mandated local program. 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 no reimbursement is required by this act for specified reasons.

An act to amend Section 116540 of, and to add Section 116527 to, the Health and Safety Code, and to add Section 106.4 to the Water Code, relating to drinking water.


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

SECTION 1.
Section 667.1 of the Penal Code is amended to read:
667.1.
Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after
November 7, 2012,
January 1, 2017,
all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they existed on
November 7, 2012.
January 1, 2017.
SEC. 2.
Section 667.5 of the Penal Code is amended to read:
667.5.
Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(a)
Where
If
one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant
where
if
the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction.
(b) Except
where
if
subdivision (a) applies,
where
if
the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or
when
if the
sentence is not suspended for any
felony; provided that no
felony. An
additional term shall
not
be imposed under this subdivision for any prison term or county jail term imposed under subdivision (h) of Section 1170 or
when
if the
sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.
(c) For the purpose of this section, “violent felony” shall mean any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.
(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
(7) Any felony punishable by death or imprisonment in the state prison for life.
(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.
(12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section 288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person.
(24) Human trafficking, in violation of Section 236.1.
(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.
(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.
(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.
(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.
(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.
(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.
(k) (1) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.
(2) This subdivision
shall
does
not apply
when
if
a full, separate, and consecutive term is imposed pursuant to any other provision of law.
SEC. 3.
Section 1170.125 of the Penal Code is amended to read:
1170.125.
Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after
November 7, 2012,
January 1, 2017,
all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on
November 7, 2012.
January 1, 2017.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.
Section 600 of the
Harbors and Navigation Code
is amended to read:
600.
As used in this chapter:
(a)“Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water.
(b)“Nonresident” means a person who is not a resident of this state at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this state but subsequently becomes a nonresident of this state.

Summary: Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, also imposes additional years of imprisonment in state prison on a person who commits a violent felony and has been convicted of, or who has a prior conviction for, a violent felony. The Legislature may amend the above-specified initiative statutes by a statute passed in each house by a 23 vote. This bill would additionally define human trafficking as a violent felony subject to the enhanced term of imprisonment. Because this bill would increase penalties for a violation of human trafficking crimes, it would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason. Existing law regulates the operation of watercraft, as defined, in the waterways of the state. Existing law defines a “watercraft” for purposes of those provisions to mean any boat, ship, barge, craft, or floating thing designed for navigation in the water. This bill would make nonsubstantive changes in that definition of watercraft.

An act to amend Section 600 of the Harbors and Navigation Code, relating to vessels.
An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) There is an urgent and crucial need for mental health crisis stabilization services in California.
(2) In 2004, the California electorate approved Proposition 63, the Mental Health Services Act, to address serious mental illness among adults, children, and seniors, including the provision of prevention and early intervention services.
(3) Currently, there are counties using Mental Health Services Act (MHSA) moneys for crisis stabilization services, and other counties that are not. Some counties not using MHSA moneys for crisis stabilization services have expressed the need for clarification of state law that the colocation of voluntary and involuntary services at facilities providing crisis stabilization services does not preclude the use of MHSA moneys.
(b) The Legislature finds and declares that this act clarifies that counties may use funds provided under the Mental Health Services Act to provide
services to individuals who are voluntarily receiving services at facilities at which individuals who are receiving services involuntarily are also treated.
voluntary services to individuals who are receiving services at facilities in which involuntary services are also provided.
SEC. 2.
Section 5813.5 of the Welfare and Institutions Code is amended to read:
5813.5.
Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, “seniors” means older adult persons identified in Part 3 (commencing with Section 5800) of this division.
(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.
(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds including other mental health funds, public and private insurance, and other local, state, and federal funds.
(c) Each county mental health program’s plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.
(d) Planning for services shall be consistent with the philosophy, principles, and practices of the
Recovery Vision
recovery vision
for mental health consumers:
(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.
(2) To promote consumer-operated services as a way to support recovery.
(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.
(4) To plan for each consumer’s individual needs.
(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890), and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.
(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Funds shall not be used to pay for persons incarcerated in state prison or parolees from state prisons.
(1) When included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).
(2) When included in county plans pursuant to Section 5847, funds may be used for the provision of
voluntary
outpatient crisis stabilization services to
individuals who are voluntarily receiving those services, even when facilities colocate services to
individuals, even when
individuals who are receiving
services involuntarily
involuntary services
are treated at the same facility.
This paragraph is not intended to require or authorize the displacement of employees covered under a collective bargaining agreement governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) who perform services described in this paragraph.
(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After the effective date of this section, the term grants referred to in Sections 5814 and 5814.5 shall refer to such contracts.

Summary: Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. The act establishes the Mental Health Services Fund, which is continuously appropriated to to, and administered by by, the State Department of Health Care Services, to fund specified county mental health programs, including programs funded under the Adult and Older Adult Mental Health System of Care Act. Existing law prohibits these funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. This bill would clarify that the counties may use Mental Health Services Fund moneys to provide voluntary outpatient crisis stabilization services to individuals who are voluntarily receiving those services, individuals, even when individuals who are receiving involuntary services involuntarily are treated at the same facility. Because the bill would clarify the procedures and terms of Proposition 63, it would require a majority vote of the Legislature.

An act to amend Section 5813.5 of the Welfare and Institutions Code, relating to mental health.


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

SECTION 1.
Section 23826.13 is added to the Business and Professions Code, to read:
23826.13.
(a) Notwithstanding any other provision of this chapter, in any county of the sixth class, the department may issue no more than a total of five new original neighborhood-restricted special on-sale general licenses to premises located in any of the census tracts listed in subdivision (b) beginning on January 1, 2017.
(b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Bureau of Census census tracts located within the City and County of San Francisco:
(1) United States Bureau of the Census census tracts 612000, 232000, 234000, 233000, or 230030.
(2) United States Bureau of the Census census tracts 258000 or 257020.
(3) United States Bureau of the Census census tract 264030.
(4) United States Bureau of the Census census tracts 255000, 256000, 260020, 260010, 260040, 261000, or 263010.
(5) United States Bureau of the Census census tracts 309000, 310000, or 312010.
(6) United States Bureau of the Census census tracts 330000, 329010, 328010, 353000, or 354000.
(7) United States Bureau of the Census census tracts 328020, 329020, 351000, or 352010.
(c) In issuing the licenses pursuant to this section, the department shall follow the procedure set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled.
(d) (1) A person who currently holds an on-sale general license for a premises shall not apply for a license issued pursuant to this section for that licensed premises.
(2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place.
(3) Prior to submitting an application for a license issued pursuant to this section, the applicant shall conduct a minimum of one preapplication meeting to discuss the application with neighbors and members of the community within the census tract in which the premises are located.
(A) The applicant shall hold the meeting either on the premises or at an alternate location within a one-mile radius of the premises.
(B) The applicant shall mail notification of the preapplication meeting to all of the following individuals and organizations at least 14 calendar days before the meeting:
(i) Each resident within a 500-foot radius of the premises for which the license is to be issued.
(ii) Any relevant neighborhood associations for the neighborhood in which the premises is located, as identified on a list maintained by the Planning Department of the City and County of San Francisco.
(iii) The Chief of Police for the San Francisco Police Department.
(C) Applicants for a neighborhood-restricted special on-sale general license shall submit, on a form provided by the department, signed verification by the local government body that states the applicant has completed the preapplication meeting pursuant to this section.
(e) (1) A license issued pursuant to this section shall not be transferred between counties.
(2) A license issued pursuant to this section shall not be transferred to any other premises. This provision shall not apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply.
(3) A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2.
(f) Upon the cancellation of any license issued pursuant to this section, the license shall be returned to the department for issuance to a new applicant following the procedure set forth in Section 23961 and the provisions of this section.
(g) A person that holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange his or her license for an on-sale license for public premises.
(h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place.
(i) A neighborhood-restricted special on-sale general license issued pursuant to this section shall not, with respect to beer and wine, authorize the exercise of the rights and privileges granted by an off-sale beer and wine license.
(j) (1) The original and annual fees, and any additional fees and surcharges, shall be the same as those imposed upon an on-sale general license for a bona fide eating place.
(2) All moneys collected from the fees imposed pursuant to this section shall be deposited in the Alcohol Beverage Control Fund, pursuant to Section 25761.
(k) The department shall adopt rules and regulations to enforce the provisions of this section.
SEC. 2.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique distribution and market conditions of liquor licenses in the City and County of San Francisco, that apply only to the City and County of San Francisco.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law.

Summary: The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided. Existing law also provides for various annual fees for the issuance of alcoholic beverage licenses, depending on the type of license issued. This bill would, beginning January 1, 2017, provide an exception to the license limitation for a county of the 6th class, as specified, for 5 new original neighborhood-restricted special on-sale general licenses for premises located within specified census tracts in that county, subject to specified requirements. This bill would impose an original fee and annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund, and would require an applicant for this license to submit a specified application, submitted under the penalty of perjury, to the Department of Alcoholic Beverage Control. This bill would also require the applicant to submit a signed verification by the local government in which the licensed premises would be located stating that the applicant has completed certain preapplication requirements. By requiring an applicant to submit an application under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason and that no reimbursement shall be made pursuant to those statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.

An act to add Section 23826.13 to the Business and Professions Code, relating to alcoholic beverages.


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

SECTION 1.
The Legislature finds and declares the following:
(a) In keeping with its obligation to safeguard the humane and just treatment of all individuals located in California, it is the intent of the Legislature that this bill declare the state’s intolerance to profiting from the incarceration of Californians held in immigration detention and its desire to ensure the just and humane treatment of our most vulnerable populations.
(b) It is the further intent of the Legislature to ensure the uniform treatment of individuals detained within immigration detention facilities, operating in California, in a manner that meets or exceeds the federal national standards and other applicable legal requirements.
SEC. 2.
Section 1670.9 is added to the Civil Code, to read:
1670.9.
(a) A city, county, city and county, or a local law enforcement agency shall not enter into or renew a contract, or modify a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. This subdivision shall become operative on January 1, 2018.
(b) If a city, county, city and county, or a local law enforcement agency chooses to enter into a contract, renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to the standards for detaining those individuals described in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 and ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees).
(c) Any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d) An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility, shall not deprive any immigrant detainee in civil immigration proceedings access to an attorney or any other person authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations, access to a translator or interpretation services, medical care, freedom from harm or harassment, or privacy.
(e) An immigrant detainee shall not be involuntarily placed in segregated housing in an immigration detention facility because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation, as defined in Section 422.56 of the Penal Code. Transgender and gender nonconforming immigrant detainees shall be given the option to choose a housing placement consistent with their gender identity.
(f) Nothing in this section shall prohibit an immigration detention facility operator from exceeding the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 or ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees).
(g) If an immigration detention facility operator, or agent of an immigration detention facility, or person acting on behalf of an immigration detention facility, violates subdivision (d) or (e), or the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or ICE Directive 11065.1 (Review of Use of Segregation for ICE Detainees), the Attorney General, or any district attorney or city attorney, may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section.
(h) For purposes of this section, the following definitions shall apply:
(1) “Immigration detention facility” means a facility where immigrants are detained for civil immigration proceedings pursuant to an agreement between a city, county, or city and county, or a law enforcement agency and either of the following:
(A) The United States Department of Homeland Security or other federal agency.
(B) A private corporation, contractor, or private vendor.
(2) “Immigration detention facility operator” means an individual, firm, corporation, association, partnership, joint venture, commercial entity, municipality, commission, or political division of the State of California that operates or owns an immigration detention facility.
(3) “Segregated housing” means administrative segregation or disciplinary segregation, as defined in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or any other act resulting in an individual being segregated from the general population through prolonged physical or social isolation for hours, days, weeks, or years.
SEC. 3.
The provisions of this act are severable. If any provision of this act 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.

Summary: Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. Existing law authorizes a county board of supervisors on behalf of its sheriff, and a legislative body of a city on behalf of its chief of police, to contract to provide supplemental law enforcement services to private individuals, private entities, and private corporations in specified circumstances and subject to certain conditions. This bill would, commencing on January 1, 2018, prohibit a city, county, or a city and county, or a local law enforcement agency from entering into or renewing a contract, or modifying a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, as specified. This bill would require a city, county, or city and county, or a local law enforcement agency that chooses to enter into a contract to detain immigrants in civil immigration proceedings to detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to specified standards. The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would specify that any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of California are free and equal no matter their national origin, citizenship, or immigration status and are entitled to full and equal accommodations, facilities, and privileges in all business establishments of every kind. Persons denied their rights under this act may obtain specified remedies, including treble damages. This bill would provide that an immigration detention facility operator, as defined, an agent thereof, or a person acting on its behalf, shall not deprive an immigrant detainee in civil immigration proceedings of specified rights, including access to an attorney or other authorized person, medical care, freedom from harm or harassment, or privacy. The bill would prohibit an immigration detention facility from involuntarily placing a detainee in segregated housing because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. This bill would authorize the Attorney General or any district attorney or city attorney to bring a civil action against an immigration detention facility, an agent thereof, or a person acting on its behalf that violates a detainee’s rights, as specified. The bill would provide that its provisions are severable.

An act to add Section 1670.9 to the Civil Code, relating to immigration.


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

SECTION 1.
Section 14717.5 is added to the Welfare and Institutions Code, to read:
14717.5.
(a) A mental health plan review shall be conducted annually by an external quality review organization (EQRO) pursuant to federal regulations at 42 C.F.R. 438.350 et seq.. Commencing July 1, 2018, the review shall include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including all of the following:
(1) The number of Medi-Cal eligible minor and nonminor dependents in foster care served each year.
(2) Details on the types of mental health services provided to children, including prevention and treatment services. These types of services may include, but are not limited to, screenings, assessments, home-based mental health services, outpatient services, day treatment services or inpatient services, psychiatric hospitalizations, crisis interventions, case management, and psychotropic medication support services.
(3) Access to, and timeliness of, mental health services, as described in Sections 1300.67.2, 1300.67.2.1, and 1300.67.2.2 of Title 28 of the California Code of Regulations and consistent with Section 438.206 of Title 42 of the Code of Federal Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care.
(4) Quality of mental health services available to Medi-Cal eligible minor and nonminor dependents in foster care.
(5) Translation and interpretation services, consistent with Section 438.10(c)(4) and (5) of Title 42 of the Code of Federal Regulations and Section 1810.410 of Title 9 of the California Code of Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care.
(6) Performance data for Medi-Cal eligible minor and nonminor dependents in foster care.
(7) Utilization data for Medi-Cal eligible minor and nonminor dependents in foster care.
(8) Medication monitoring consistent with the child welfare psychotropic medication measures developed by the State Department of Social Services and any Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications, including, but not limited to, the following:
(A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD).
(B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC).
(C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP).
(D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM).
(b) (1) The department shall post the EQRO data disaggregated by Medi-Cal eligible minor and nonminor dependents in foster care on the department’s Internet Web site in a manner that is publicly accessible.
(2) The department shall review the EQRO data for Medi-Cal eligible minor and nonminor dependents in foster care.
(3) If the EQRO identifies deficiencies in a mental health plan’s ability to serve Medi-Cal eligible minor and nonminor dependents in foster care, the department shall notify the mental health plan in writing of identified deficiencies.
(4) The mental health plan shall provide a written corrective action plan to the department within 60 days of receiving the notice required pursuant to paragraph (2). The department shall notify the mental health plan of approval of the corrective action plan or shall request changes, if necessary, within 30 days after receipt of the corrective action plan. Final corrective action plans shall be made publicly available by, at minimum, posting on the department’s Internet Web site.
(c) To the extent possible, the department shall, in connection with its duty to implement Section 14707.5, share with county boards of supervisors data that will assist in the development of mental health service plans, such as data described in federal regulations at 42 C.F.R. 438.350 et seq., subdivision (c) of Section 16501.4, and paragraph (1) of subdivision (a) of Section 1538.8 of the Health and Safety Code.
(d) The department shall annually share performance outcome system data with county boards of supervisors for the purpose of informing mental health service plans. Performance outcome system data shared with county boards of supervisors shall include, but not be limited to, the following disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care:
(1) The number of youth receiving specialty mental health services.
(2) The racial distribution of youth receiving specialty mental health services.
(3) The gender distribution of youth receiving specialty mental health services.
(4) The number of youth, by race, with one or more specialty mental health service visits.
(5) The number of youth, by race, with five or more specialty mental health service visits.
(6) Utilization data for intensive home services, intensive care coordination, case management, therapeutic behavioral services, medication support services, crisis intervention, crisis stabilization, full-day intensive treatment, full-day treatment, full-day rehabilitation, and hospital inpatient days.
(7) A unique count of youth receiving specialty mental health services who are arriving, exiting, and continuing with services.
(e) The department shall ensure that the performance outcome system data metrics include disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care. These data shall be in a format that can be analyzed.

Summary: Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including specialty mental health services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, specialty mental health services are provided by mental health plans and the department is responsible for conducting investigations and audits of claims and reimbursements for expenditures for specialty mental health services provided by mental health plans to Medi-Cal eligible individuals. This bill would require annual mental health plan reviews to be conducted by an external quality review organization (EQRO) and, commencing July 1, 2018, would require those reviews to include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including the number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. The bill would require the department to share data with county boards of supervisors, including data that will assist in the development of mental health service plans and performance outcome system data and metrics, as specified. This bill would require the department to post any corrective action plan prepared by the mental health plan to address deficiencies identified by the EQRO review and the EQRO data on its Internet Web site, as specified. The bill would also require the department to notify the mental health plan of any deficiencies and would require the mental health plan to provide a written corrective action plan to the department.

An act to add Section 14717.5 to the Welfare and Institutions Code, relating to Medi-Cal.


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

SECTION 1.
Section 933.05 of the
Penal Code
is amended to read:
933.05.
(a)For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1)The respondent agrees with the finding.
(2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b)For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1)The recommendation has been implemented, with a summary regarding the implemented action.
(2)The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3)The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c)If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
(d)(1)A grand jury shall request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
(2)A grand jury may disclose the factual data used in making its findings during discussions conducted pursuant to paragraph (1).
(3)A grand jury may provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. An administrative draft provided pursuant to this paragraph shall include proposed grand jury findings, may include the factual data utilized in making the grand jury’s findings, and shall not include the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the subject person or entity may file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the administrative draft of the report prior to the public release of the final report.
(e)During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f)A grand jury shall provide to the affected agency for comment a copy of the portion of the grand jury report relating to that person or entity no later than 10 days prior to its public release and after the approval of the presiding judge. All written comments of the affected agency may be submitted to the presiding judge of the superior court who impaneled the grand jury no later than 10 days after receipt of a copy of the grand jury final report by the affected agency. A copy of all written comments by the affected agency shall be placed on file as part of the contents of the applicable grand jury final report and included in the public release of the final report. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the report prior to the public release of the final report.
(g)(1)Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected agency may meet in closed session to discuss and prepare written comments of the affected agency to both of the following:
(A)The findings and factual data contained in an administrative draft of the grand jury report submitted for comment by a grand jury pursuant to paragraph (3) of subdivision (d).
(B)A grand jury final report submitted for comment by a grand jury pursuant to subdivision (f).
(2)If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other provision of law.
SECTION 1.
Section 933.05 of the Penal Code is amended to read:
933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c)
However, if
If
a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
(d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
(g) This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.
Section 933.05 is added to the Penal Code, to read:
933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
(d) (1) A grand jury shall conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The grand jury shall read to, and discuss with, the exit interviewee the draft findings of the report that relate to that entity in order to verify the accuracy of the findings.
(2) The grand jury may also discuss with the exit interviewee the facts in that report that support one or more of those findings.
(3) With the court’s approval, the grand jury may provide to the exit interviewee a copy of the draft findings related to that entity and may allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least five working days after providing the draft findings to the exit interviewee.
(4) The grand jury shall not reveal to the exit interviewee the name of any person, or another fact that identifies any person, who provided information to the grand jury.
(5) Any draft findings given to the exit interviewee shall remain confidential and shall not be distributed to anyone outside the entity prior to or after the release of the final report. The exit interviewee and any board, officer, employee, or agent of the entity shall not publicly reveal any other information obtained during the exit interview prior to the public release of the report.
(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected entity a copy of the portion of the grand jury report relating to that person or entity no later than six working days prior to its public release and after the approval of the presiding judge. The subject person or entity may submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury, with a copy of that preliminary response submitted to the grand jury, no later than six working days after receipt of a copy of the grand jury final report by the affected entity. The grand jury shall, when the final report is publicly released, also release a copy of any preliminary response that relates to the final report either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report. If the grand jury distributes printed copies of the report, the preliminary response or a citation to the Internet Web site where the report and preliminary response, if any, are posted shall be included with or in the report. A board, officer, employee, agent, department, or governing body of the entity shall not disclose any contents of the report prior to the public release of the final report.
(g) (1) Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected entity may meet in closed session to do both of the following:
(A) Discuss and prepare written comments of the affected entity to the confidential draft findings and the facts related to those confidential draft findings of the grand jury report submitted to the entity by the grand jury pursuant to paragraph (3) of subdivision (d).
(B) Discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to subdivision (f).
(2) If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other law.
(h) This section shall become operative on July 1, 2017.
SEC. 2.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which amends Section 933.05 of the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the confidentiality of grand jury investigations and reports, it is necessary for this act to take effect.

Summary: Existing law sets forth the duties of the grand jury of each county . Existing law requires the grand jury to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Existing law authorizes a grand jury to request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. This bill would require a grand jury to request a subject person or entity to come before the grand jury as described above. The bill would authorize a grand jury to disclose the factual data used in making its findings during discussions conducted pursuant to these provisions. This bill would authorize a grand jury to provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. The bill would require an administrative draft provided pursuant to this provision to include proposed grand jury findings, would authorize the draft to include the factual data utilized in making the grand jury’s findings, and would prohibit the draft from including the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the bill would authorize the subject person or entity to file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. The bill would prohibit an officer, agency, department, or governing body of a public agency from disclosing any contents of the administrative draft of the report prior to the public release of the final report. This bill would delete the authority of a grand jury to request a subject person or entity to come before it for purposes of reading and discussing the findings of a grand jury report. The bill would instead require a grand jury to conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The bill would authorize the grand jury, with the court’s approval, to provide to the exit interviewee a copy of the draft findings related to that entity and would allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least 5 working days after providing the draft findings to the exit interviewee. The bill would require any draft findings given to the exit interviewee to remain confidential, would prohibit those findings from being distributed to anyone outside the entity prior to or after the release of the final report, and would prohibit the exit interviewee and any board, officer, employee, or agent of the entity from publicly revealing any other information obtained during the exit interview prior to the public release of the report. Existing law requires a grand jury to provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity 2 working days prior to its public release and after the approval of the presiding judge. This bill would instead require a grand jury to provide to the affected agency for comment entity a copy of the portion of the grand jury report relating to that person or entity no later than 10 6 working days prior to its public release and after the approval of the presiding judge. The bill would authorize all written comments of the affected agency to be submitted the subject person or entity to submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury jury, with a copy of that preliminary response submitted to the grand jury, no later than 10 6 working days after receipt of a copy of the grand jury final report by the affected agency. The bill would require a copy of all written comments by the affected agency to be placed on file as part of the contents of the applicable the grand jury to release, when the final report is publicly released, a copy of any preliminary response that relates to the final report and included in the public release of the final report. either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report, as specified. The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. This bill would authorize the governing body of an affected agency entity to meet in closed session to discuss and prepare written comments of the affected agency entity to the confidential draft findings and factual data contained in an administrative draft the facts related to those confidential draft findings of the grand jury report and a grand jury final report submitted for comment to the entity by a the grand jury pursuant to the provisions described above. The bill would also authorize the governing body of an affected entity to meet in closed session to discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to the provisions described above. The bill would require, if a legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body to do so in a meeting conducted pursuant to the Ralph M. Brown Act unless exempted from this requirement by some other provision of law. This bill would make its provisions operative beginning July 1, 2017. 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.

An act to
amend
amend, repeal, and add
Section 933.05 of the Penal Code, relating to grand juries.