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

SECTION 1.
Section 25200.1.3 is added to the Health and Safety Code, to read:
25200.1.3.
The department shall, within 90 days of receiving a renewal application for a hazardous waste facilities permit, hold a public meeting in or near the community in which the hazardous waste facility is located in order to inform the public of the submission of the renewal application, the process for reviewing and making a decision on the renewal application, how the public can participate in the process, and the facility’s enforcement history.
SEC. 2.
Section 25205 of the Health and Safety Code is amended to read:
25205.
(a)  Except as provided in Section
25245.5,
25245.4,
the department shall not issue or renew a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245).
(b)  The grant of interim status of a facility, or any portion thereof, that is operating under a grant of interim status pursuant to Section 25200.5, based on the facility having been in existence on November 19, 1980, shall terminate on July 1, 1997, unless the department certifies, on or before July 1, 1997, that the facility is in compliance with the financial assurance requirements of Article 12 (commencing with Section 25245) for a facility in operation since November 19, 1980, for all units, tanks, and equipment for which the facility has authorization to operate pursuant to its grant of interim status.
(c) The department shall review the financial assurances required to operate a hazardous waste facility at least once every five years. If the department’s review finds the financial assurances for a facility to be inadequate, the department shall notify the owner or operator of the facility and require the owner or operator to update and adopt adequate financial assurances within 90 days.
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.
SECTION 1.
The Legislature finds and declares all of the following:
(a)Efforts to reduce greenhouse gas emissions and enhance carbon sequestration on river systems will have significant economic, social, and environmental cobenefits and can aid progress on efforts to prepare for climate change risks.
(b)Investing in river systems allows for cobenefits, including protection of water supply and water quality, air quality, species habitat, recreation, jobs, flood protection, reduced heat-island effects, and reduced energy use.
(c)To ensure resilience and proper carbon management of these river systems, an integrated program must be developed to maximize the carbon management of the systems as well as effectively use existing state and regional funding.
SEC. 2.
Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the
Public Resources Code
, to read:
10.5.
The California River Revitalization and Greenway Development Act of 2015
5845.
This chapter shall be known, and may be cited, as CalRIVER.
5846.
It is the intent of the Legislature that, in an effort to reduce greenhouse gas emissions and increase greenhouse gas sequestration, the state shall protect, restore, and enhance a network of river systems and their riparian corridors to increase water retention, improve water quality, improve urban greening and urban reforestation, reduce the heat-island effect, increase active transportation, such as biking and walking, improve nonmotorized mobility in the surrounding communities, and decrease vehicle miles traveled.
5847.
(a)The Natural Resources Agency shall establish a grant program for projects on or adjacent to riparian corridors that furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and meets the requirements of the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code).
(b)To be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Natural Resources Agency, in consultation with the State Air Resources Board, shall consider the extent to which a project reduces emissions of greenhouse gases.
(c)In evaluating grant applications for funding, the Natural Resources Agency shall, in addition to prioritizing projects pursuant to subdivision (b), consider the extent to which a project provides the greatest level of the following cobenefits:
(1)Recreational access to and improved human interaction with a river or riparian corridor, especially in urban corridors and park-starved communities.
(2)Improved transportation mobility, especially pedestrian, bicycle, and public transit.
(3)Economic viability of the surrounding community by promoting appropriate development, especially in an urban setting.
(4)Development of visitor-serving and interpretive facilities.
(5)Access and development of pocket parks, community gardens, demonstration gardens, and other urban greening.
(6)Species protections and the protection of habitat strongholds, including improved wildlife corridors.
(7)Improved resiliency in the face of unavoidable impacts from climate change.
(8)Improved water supply, flood protection, and water quality, including the water quality of impaired water bodies through river restoration.
(9)Job training and workforce development, especially projects that involve disadvantaged youth and veterans.
(10)Improved stormwater retention.
(d)Projects receiving funding pursuant to this chapter shall also be consistent with both of the following:
(1)The California Water Action Plan published by the Governor.
(2)The Safeguarding California Plan published by the Natural Resources Agency.
(e)Projects receiving funding pursuant to this chapter for flood protection shall be consistent, as applicable, with Chapter 4 (commencing with Section 8400) of Part 2 of Division 5, Part 6 (commencing with Section 9600) of Division 5, and Part 9 (commencing with Section 12980) of Division 6, of the Water Code.
(f)The Natural Resources Agency shall also prioritize funding pursuant to this chapter for projects with the following characteristics:
(1)Are consistent with a parkway, greenway, or urban greening plan.
(2)Leverage moneys from the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election.
(3)Provide recreational access and opportunities to major metropolitan areas of the state, including those that are relatively underserved by parks.
5848.
The CalRIVER fund is hereby created in the State Treasury to be administered by the Natural Resources Agency. The moneys in the CalRIVER Fund, upon appropriation by the Legislature, shall be expended by the Natural Resources Agency in accordance with this chapter. The Legislature may transfer moneys to the fund from bond proceeds and special funds, including, but not limited to, the Greenhouse Gas Reduction Fund, created by Section 16428.8 of the Government Code.
5849.
The secretary shall develop regulations, criteria, or procedural guidelines for the implementation of this chapter.

Summary: Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime. This bill would require the department, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting for specified purposes in or near the community in which the hazardous waste facility is located. Existing law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances. This bill would require the department to review the financial assurances required to operate a hazardous waste facility at least once every 5 years. If the department’s review finds the financial assurances for a facility to be inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to update and adopt adequate financial assurances within 90 days. Because a violation of the bill’s requirements would be a crime, 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 a specified reason. Existing law establishes various plans and programs to preserve, protect, and rehabilitate lands adjacent to rivers in the state. The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. This bill would require the Natural Resources Agency to establish a grant program for projects on or adjacent to riparian corridors that, among other things, furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 and to consider the extent to which a project reduces emissions of greenhouse gases and provides the greatest level of specified cobenefits. The bill would create the CalRIVER Fund in the State Treasury, with moneys in the fund to be available upon appropriation to implement the grant program. The bill would require the secretary of the agency to develop regulations, criteria, or procedural guidelines for the implementation of the grant program.

An act to add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code, relating to rivers.
An act to amend Section 25205 of, and to add Section 25200.1.3 to, the Health and Safety Code, relating to hazardous waste facilities.


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

SECTION 1.
Section 1250 of the Health and Safety Code is amended to read:
1250.
As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types:
(a) “General acute care hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section.
A “general acute care hospital” includes a “rural general acute care hospital.” However, a “rural general acute care hospital” shall not be required by the department to provide surgery and anesthesia services. A “rural general acute care hospital” shall meet either of the following conditions:
(1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982.
(2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census.
(b) “Acute psychiatric hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services.
(c) (1) “Skilled nursing facility” means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.
(2) “Skilled nursing facility” includes a “small house skilled nursing facility (SHSNF),” as defined in Section 1323.5.
(d) “Intermediate care facility” means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care.
(e) “Intermediate care facility/developmentally disabled habilitative” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care.
(f) “Special hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity.
(g) “Intermediate care facility/developmentally disabled” means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services.
(h) “Intermediate care facility/developmentally disabled-nursing” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated.
(i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities.
(2) Congregate living health facilities shall provide one or more of the following services:
(A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent.
(B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon.
(C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy.
(3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services.
(4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds.
(B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill.
(5) A congregate living health facility shall have a noninstitutional, homelike environment.
(j) (1) “Correctional treatment center” means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department.
(2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours.
(3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center.
(4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis.
(5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men’s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites.
(k) “Nursing facility” means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both.
(l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements.
(m) “Intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN)” means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied.
(n) “Hospice facility” means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations.
SEC. 2.
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.
SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to immediately ensure that eligible patients of congregate living health facilities are able to obtain essential care, and to enable these facilities to provide care for patients currently on a waiting list, it is necessary that this act take effect immediately.

Summary: Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including congregate living health facilities. A violation of these provisions is a misdemeanor. For this purpose, existing law defines “congregate living health facility” as a residential home with a capacity of no more than 12 beds, that provides inpatient care and skilled nursing care on a recurring, intermittent, extended, or continuous basis. This bill would include in the definition of congregate living health facility a residential home with a capacity of no more than 18 beds that provides inpatient and skilled nursing care, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes. 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. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Section 1250 of the Health and Safety Code, relating to health facilities, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Chapter 2.7 (commencing with Section 15180) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  2.7. Offender Global Positioning System Database
15180.
It is the intent of the Legislature to provide for a statewide database to receive and house all Global Positioning System (GPS) device data for offenders monitored by criminal justice agencies throughout the state. Developing and implementing this database is a matter of public safety and statewide importance. Presently there is no ability for criminal justice agencies to access each other’s GPS device data to determine if an offender placed on GPS by one entity is in the proximity of another offender monitored by a different entity. A GPS database that can be accessed by criminal justice agencies will enhance supervision practices, promote rehabilitative services, assist investigations and ensure offender accountability and community safety.
15181.
The Department of Justice shall implement, operate, and maintain the Offender Global Positioning System Database for the use of criminal justice agencies.
15182.
As used in this chapter, the following terms are defined below:
(a) “Alert” means a notification from the database to the monitoring agency or user.
(b) “Database” means the Offender Global Positioning System Database as described in this chapter.
(c) “Global Positioning System device” or “GPS device” means a device that uses signals from satellites to determine an offender’s physical location with a high degree of accuracy.
(d) “Monitoring agency” means the criminal justice agency responsible, pursuant to statute or court order, for monitoring an offender.
(e) “Offender” means any person convicted of a crime and who is subject to GPS device monitoring by a criminal justice agency.
(f) “Reporting cycle” means the specified minimum interval at which a GPS device is to transmit data to the database.
(g) “User” means a criminal justice agency with a data connection to the database.
15183.
(a) On or before January 1, ______, the Department of Justice shall develop functional specifications and standards for offender GPS devices in compliance with the following objectives:
(1) The GPS device shall transmit GPS data information to the database at a specified reporting cycle. The GPS data information transmitted to the database shall include the following data elements:
(A) Latitude.
(B) Longitude.
(C) The offender’s full name.
(D) The offender’s date of birth.
(E) The monitoring entity’s contact information.
(F) The GPS device identification number.
(2) The GPS device shall be capable of receiving commands from the database to transmit the data information identified in paragraph (1) regardless of the device’s reporting cycle.
(b) On or before January 1, ____, the Department of Justice shall develop functional specifications and standards for the database in compliance with the following objectives:
(1) The database shall receive information from GPS devices to include the data elements in paragraph (1) of subdivision (a).
(2) The database shall permit users to track and view offender’s proximity to other offenders.
(3) The database shall permit users to create and use offender monitoring alert zones. These zones which are electronically demarcated during GPS monitoring, are as follows:
(A) An “inclusion zone” is a geographic area within which it is appropriate for an offender to be present. If the offender leaves this zone, an alert shall occur.
(B) An “exclusion zone” is a geographic area within which an offender is not permitted. If the offender enters this zone, an alert shall occur.
(C) An “investigation zone” is a specialized geographic area created by the monitoring agency or user where, if specified criteria are met, an alert shall occur.
(4) The database shall permit users to send a command to a GPS device or multiple GPS devices to transmit the data information identified in paragraph (1) of subdivision (a), regardless of the device’s reporting cycle.
(5) The database shall permit users to determine if one or more offenders are, or were, at or near a particular location during a specified time frame.
(c) The Department of Justice shall consult with the following entities and groups when developing the functional specifications and standards set forth in subdivisions (a) and (b):
(1) The Department of Corrections and Rehabilitation.
(2) Chief Probation Officers of California.
(3) The California Probation, Parole, and Correctional Association.
(4) The California Police Chiefs Association.
(5) The California Peace Officers’ Association.
(6) GPS device industry representatives.
(d) Each entity and group listed in subdivision (c) may designate a representative to work with the Department of Justice to develop the functional specifications and standards set forth in subdivisions (a) and (b).
(e) Criminal justice agencies that use GPS devices for monitoring offenders shall have the ability to select from different manufacturers and vendors, in accordance with any contracting policies, rules, and regulations governing their authority to contract for those services. The functional specifications and standards shall encourage multiple bidders and shall not have the effect of limiting the criminal justice agencies to choosing a GPS device that is able to be supplied by only one manufacturer or vendor.
(f) Except as provided in subdivision (g), a GPS device purchased or used for GPS monitoring of offenders in this state shall comply with the functional specifications and standards developed pursuant to subdivision (a).
(g) Subdivision (f) does not apply to any GPS devices purchased and used to monitor offenders pursuant to a contract entered into before January 1, ____.
(h) On a triennial basis, following implementation of the functional specifications and standards for GPS devices and the database, the Department of Justice shall consult with the entities and groups identified in subdivision (c) to determine if there are any improvements to the functional specifications and standards for GPS devices and the database needed to meet the needs of law enforcement and to take advantage of advancements in GPS monitoring. The database shall be designed to accommodate present and future data-processing equipment.
15184.
The Department of Justice shall provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county, hereinafter the “county systems.” Before providing the county systems with connections to the database, the Department of Justice shall adopt and publish for distribution, the operating policies, practices, and procedures for the database, and the security requirements for county systems connecting to the database.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires sex offenders to wear global positioning system (GPS) devices while on parole, and requires some of those offenders to wear those devices for life. This bill would require the Department of Justice to establish an Offender Global Positioning System Database that would receive and store GPS device data for offenders monitored by criminal justice agencies throughout the state. The database would be required, among other capabilities, to receive specified data and to be able to send commands to a GPS device requiring the device to report data and to comply with other functional requirements. The department would be required to provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county for purposes of submitting data to the database. By imposing additional duties on local law enforcement agencies in connection with the operation of the GPS database, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Chapter 2.7 (commencing with Section 15180) to Part 6 of Division 3 of Title 2 of the Government Code, relating to law enforcement.


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

SECTION 1.
Section 1203 of the Penal Code is amended to read:
1203.
(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.
(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation.
(C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable.
(D) The probation officer may also include in the report his or her recommendation of both of the following:
(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof.
(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court.
A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified above may be granted by the court only upon a finding of good cause.
(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered.
(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced.
(e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times.
(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted.
(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted.
(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes.
(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime.
(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime.
(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion.
(8) Any person who knowingly furnishes or gives away phencyclidine.
(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451.
(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway.
(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410.
(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code.
(13) Any person who is described in subdivision (b) or (c) of Section 27590.
(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense.
(i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b.
(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.
Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period.
(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.

Summary: Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued. This bill would authorize a court to grant the defendant’s request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance.

An act to amend Section 1203 of the Penal Code, relating to probation.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) State agencies contain great amounts of valuable information and reports on all aspects of life for Californians, including, but not limited to, health, business, public safety, labor data, transportation, parks, and recreation.
(b) New information technology has fundamentally changed the way people search for, and expect to find, information, and can aggregate large quantities of data to allow the state to provide information to the public with increasing efficiency and thoroughness.
(c) The state can use these powerful information technology tools to enhance public access to public data, thus making the state more transparent and promoting public trust.
(d) Ensuring the quality and consistency of public data is essential to maintaining its value and utility.
(e) It is the intent of the Legislature by this act to establish an open data policy for state agencies to post public data directly onto a central online Internet Web site at data.ca.gov and provide a single-stop access to public data that is owned, controlled, collected, or maintained by state agencies.
SEC. 2.
Chapter 5.8 (commencing with Section 11549.30) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  5.8. The California Open Data Act
Article  1. General Provisions
11549.30.
This chapter shall be known and may be cited as the California Open Data Act.
11549.32.
Unless the context requires otherwise, the following definitions shall apply to this chapter:
(a) “Public data” means all data that is collected by a state agency in pursuit of that state agency’s responsibilities that is otherwise subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).
(b) “State agency” has the same meaning as in Section 11000.
(c) “Strategic enterprise application plan” means a comprehensive program developed by a state agency, articulating both principles and goals related to the application of its services and programs to the current and future needs of enterprise in the state.
(d) “Strategic plan” means a state agency’s evaluation, over a period of up to five years, of its strategy and direction, including, but not limited to, a framework for decisionmaking with respect to resource allocation to achieve defined goals.
Article  2. Chief Data Officer
11549.34.
There is in state government the Chief Data Officer, who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Secretary of Government Operations.
11549.36.
(a) The Chief Data Officer shall create an inventory of all available public data in the state.
(b) The Chief Data Officer shall establish an Internet Web portal at data.ca.gov to achieve the purposes of this chapter.
Article  3. Open Data Standard
11549.38.
(a) The Chief Data Officer shall establish the California Open Data Standard for state agencies to make public data available. A local government agency may adopt the standard.
(b) In establishing the California Open Data Standard pursuant to subdivision (a), the Chief Data Officer shall consult with the subject matter experts from all state agencies, organizations specializing in technology and innovation, the academic community, and other interested groups designated by the Chief Data Officer.
(c) The California Open Data Standard shall include, but not be limited to, all of the following:
(1) A format that permits public notification of all updates whenever possible.
(2) Requirements to update public data as often as is necessary to preserve the integrity and usefulness of public data to the extent that a state agency regularly maintains or updates public data.
(3) Availability of public data without any registration or license requirement, or restrictions on the use of public data. Registration or license requirements, or restriction on the use of public data do not include measures designed or required to ensure access to public data, protect the Internet Web site housing public data from abuse or attempts to damage or impair the use of the Internet Web site, or analyze the types of public data being accessed to improve service delivery.
(4) Ability of public data to be electronically searched using external information technology.
11549.40.
The Chief Data Officer may establish policies, standards, and guidelines to implement the California Open Data Standard.
11549.42.
On or before July 1, 2016, the Chief Data Officer shall create a Data Working Group composed of all the following:
(a) A data coordinator from each agency listed in Section 12800 who shall be appointed by the secretary of the agency.
(b) Two individuals with expertise in open data information technology, appointed by and who serve at the pleasure of, the Chief Data Officer.
11549.44.
(a) (1) On or before March 1, 2016, the Chief Data Officer shall prepare and publish a technical standards manual for publishing public data through the Internet Web portal by state agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for Internet Web publishing in a machine-readable format.
(2) The manual shall identify the policy for each technical standard and specify which types of data the standard applies to, and may recommend or require that public data be published in more than one technical standard. The manual shall include a plan to adopt or utilize an Internet Web application programming interface that permits application programs to request and receive public data directly from the Internet Web portal. The manual and related policies may be updated as necessary.
(b) The Chief Data Officer shall consult with organizations specializing in technology and innovation, the state agencies listed in Section 12800, academic institutions, and voluntary consensus standards bodies. Whenever feasible, the Chief Data Officer shall consult with these types of entities in the development of technical and open standards.
Article  4. Compliance
11549.46.
(a) A state agency that releases public data shall do so in compliance with this chapter and on the Internet Web portal that is linked to data.ca.gov or any successor Internet Web site maintained by, or on behalf of, the state for the purposes of this chapter. If a state agency cannot make all public data available on the Internet Web portal, the state agency shall report to the Chief Data Officer all the public data it is unable to make available, state the reasons why it is unable to do so, and the date by which the state agency expects the public data to be made available on the Internet Web portal.
(b) Public data shall be made available in accordance with technical standards established by the Chief Data Officer.
(c) On or before July 1, 2016, each state agency shall submit a strategic plan and a strategic enterprise application plan consistent with this chapter to the Chief Data Officer and shall make the plans available to the public on the Internet Web portal at data.ca.gov. Each state agency shall collaborate with the Chief Data Officer in formulating its plans. The strategic plan shall include all of the following:
(1) A summary description of public data under the control of the state agency on or after January 1, 2016.
(2) A summary explanation of how its plans, budgets, capital expenditures, contracts, and other related documents and information for each information technology and telecommunications project it proposes to undertake can be utilized to support the California Open Data Standard and related savings and efficiencies. The strategic plan shall prioritize public data for inclusion on the Internet Web portal on or before January 1, 2017, in accordance with the standards established by the Chief Data Officer. For purposes of prioritizing public data, a state agency shall consider whether public data does any of the following:
(i) Increases agency accountability and responsiveness.
(ii) Improves public knowledge of the state agency and its operations.
(iii) Furthers the mission of the state agency.
(iv) Creates economic opportunity.
(v) Responds to an online demand for the public data.
(vi) Responds to a need or demand identified by public consultation.
Article  5. Legal Policies
11549.48.
(a) The Chief Data Officer shall post the legal policies for the California Open Data Standard on the Internet Web portal.
(b) The Chief Data Officer may establish and maintain an online forum to solicit feedback from the public and to encourage discussion on the California Open Data Standard and public data available on the Internet Web portal.
(c) Use of the public data provided pursuant to this chapter shall be subject to all of the following legal policies:
(1) Public data available on the Internet Web portal are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data made available on the Internet Web portal, nor are any warranties to be implied or inferred with respect to the public data furnished pursuant to this chapter.
(2) The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data or any third-party application utilizing a public data.
(3) All public data shall be entirely in the public domain for purposes of applicable copyright laws.
SECTION 1.
It is the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.

Summary: Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects in state government by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. This bill would enact the California Open Data Act and create the position of the Chief Data Officer, who would be appointed by, and serve at the pleasure of, the Governor, and report to the Secretary of Government Operations. This bill would require the Chief Data Officer to establish the California Open Data Standard, as specified, and require state agencies to make public data, as defined, available on an Internet Web portal pursuant to that standard. This bill would authorize a local government to adopt that standard. This bill would require the Chief Data Officer to create a Data Working Group, composed of data coordinators from specific state agencies and 2 individuals with expertise in open data information technology, who are appointed by and serve at the pleasure of, the Chief Data Officer. This bill would further require each state agency, on or before July 1, 2016, to submit a strategic plan and a strategic enterprise application plan, as specified, to the Chief Data Officer and to post the reports on the Internet Web portal. This bill would also require specified legal policies for public data to be posted on the Internet Web portal. This bill would make legislative findings and declarations relating to this act. Existing law requires, with specified exceptions, that all meetings of state and local government entities be open and public and that all persons be permitted to attend and participate. Existing law also requires that public records be open to inspection at all times during the office hours of a state or local government entity and that every person has a right to inspect any public record, except as specifically provided. This bill would state the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.

An act
to add Chapter 5.8 (commencing with Section 11549.30) to Part 1 of Division 3 of Title 2 of the Government Code,
relating to open government.


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

SECTION 1.
Section 22513 of the Vehicle Code is amended to read:
22513.
(a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle.
(2) (A) A towing company or the owner or operator of a tow truck summoned to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i) The first and last name and working telephone number of the person who summoned it to the scene.
(ii) The make, model, year, and license plate number of the disabled vehicle.
(iii) The date and time it was summoned to the scene.
(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii).
(B) A towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i) The business name of the motor club.
(ii) The identification number the motor club assigns to the referral.
(iii) The date and time it was summoned to the scene by the motor club.
(3) A towing company or the owner or operator of a tow truck requested to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A) The first and last name and working telephone number of the person who requested the stop.
(B) The make, model, and license plate number, if one is displayed, of the disabled vehicle.
(C) The date and time it was requested to stop.
(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C).
(4) A towing company or the owner or operator of a tow truck summoned or requested by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene:
(A) The identity of the law enforcement agency or public agency.
(B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C) The date and time of the summons, request, or express authorization.
(5) For purposes of this section, “writing” includes electronic records.
(b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A) The name, address, telephone number, and motor carrier permit number of the towing company.
(B) The license plate number of the tow truck performing the tow.
(C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate.
(D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate.
(2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate.
(3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle.
(6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operatorn 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(f) This section shall not apply to the following:
(1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility.
(2) A tow truck operator employed by a law enforcement agency or other public agency.
(3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law.
SEC. 2.
Section 22513.1 is added to the Vehicle Code, to read:
22513.1.
(a) A business taking possession of a vehicle from a tow truck shall document the name, address, and telephone number of the towing company, the name and driver’s license number of the tow truck operator, the make, model, and license plate or Vehicle Identification Number, and the date and time that possession was taken of the vehicle. If the vehicle was dropped off after hours, the business shall obtain the information from the towing company the next day.
(b) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office.
(c) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
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.

Summary: Existing law makes it a misdemeanor for the owner or operator of a tow truck to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, or to furnish any towing services, unless summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled vehicle, or requested to perform the service by a law enforcement officer or public agency pursuant to that agency’s procedures. This bill would, subject to exceptions, apply those provisions to a towing company. The bill would also require, in addition to being summoned to the scene or requested to stop by the owner or operator of a disabled vehicle, that the towing company or the owner or operator of the tow truck possess specified information in writing prior to arriving at the scene, or obtain specified information prior to leaving the scene, and would require that information to be made available to law enforcement, upon request, from the time the tow truck appears at the scene until the time the vehicle is towed and released to a third party. The bill would provide that a writing for this purpose includes an electronic record. Existing law also makes it a misdemeanor for the owner or operator of a tow truck to move any vehicle from a highway, street, or public property without the express authorization of the owner or operator of the vehicle or a law enforcement officer or public agency pursuant to that agency’s procedures, when the vehicle has been left unattended or when there is an injury as the result of an accident. This bill would recast, and subject to exceptions, apply those provisions to a towing company. The bill would delete the requirement for the express authorization of the owner or operator of the vehicle. The bill would require the towing company or the owner or operator of the tow truck to obtain specified information and to make that information available to law enforcement, upon request, from the time the vehicle is attached to or loaded on to the tow truck until the time the vehicle is towed and released to a third party. The bill would, subject to exceptions, and if the vehicle owner or operator is present, also require the towing company or the owner or operator of the tow truck to furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. Prior to removing the vehicle, the towing company or the owner or operator of the tow truck would be required to obtain the vehicle owner or operator’s signature on the itemized estimate, and to furnish a copy to the person who signed the estimate, as specified. The bill would require a towing company or the owner or operator of a tow truck to maintain specified documents for 3 years and to make those documents available for inspection and copying within 48 hours of a written request by specified law enforcement and prosecutorial entities. The bill would also require a business taking possession of a vehicle from a tow truck to document specified information, to maintain those documents for 3 years, and to make those documents available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. The bill would provide, except for those provisions described in paragraph (1) above, that a willful violation of these requirements is a misdemeanor punishable by a fine not exceeding $2,500, or imprisonment in a county jail not exceeding 3 months, or both imprisonment and that fine. By creating new crimes, 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.

An act to amend Section 22513 of, and to add Section 22513.1 to, the Vehicle Code, relating to vehicles.


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

SECTION 1.
Section 52060 of the Education Code is amended to read:
52060.
(a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board.
(b) A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year.
(c) A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, both of the following:
(1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052.
(2) A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district.
(d) All of the following are state priorities:
(1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency.
(3) The degree to which the certificated instructional personnel of the school district are offered
opportunity
opportunities
for professional development and
growth in effectiveness, including, but not necessarily limited to, the requirement to confer with a certificated employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance, pursuant to Section 44664.
growth.
(4) Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs.
(5) Pupil achievement, as measured by all of the following, as applicable:
(A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.
(G) The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness.
(6) Pupil engagement, as measured by all of the following, as applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(7) School climate, as measured by all of the following, as applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness.
(8) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03.
(9) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable.
(e) For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews.
(f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card.
(g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan.
(h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires the governing board of each school district to adopt a local control and accountability plan and requires the governing board of a school district to update its local control and accountability plan before July 1 of each year. Existing law requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. This bill would add to the enumerated state priorities the degree to which the certificated instructional personnel of the school district are offered opportunity opportunities for professional development and growth in effectiveness, as specified. growth. By requiring the governing board of each school district to include additional information in the local control and accountability plan, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 52060 of the Education Code, relating to school accountability.


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

SECTION 1.
Section 13515.30 of the Penal Code is amended to read:
13515.30.
(a) By July 1, 2015, the Commission on Peace Officer Standards and Training shall establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally disabled and developmentally disabled persons. The commission shall make the course available to all law enforcement agencies in California, and the course shall be required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency’s officer training program.
(b) The course described in subdivision (a) may consist of video-based or classroom instruction. The course shall include, at a minimum, core instruction in all of the following:
(1) The prevalence, cause, and nature of mental illnesses and developmental disabilities.
(2) The unique characteristics, barriers, and challenges of individuals who may be a victim of abuse or exploitation living within a state mental hospital or state developmental center.
(3) How to accommodate, interview, and converse with individuals who may require assistive devices in order to express themselves.
(4) Capacity and consent of individuals with cognitive and intellectual barriers.
(5) Conflict resolution and deescalation techniques for potentially dangerous situations involving mentally disabled or developmentally disabled persons.
(6) Appropriate language usage when interacting with mentally disabled or developmentally disabled persons.
(7) Community and state resources and advocacy support and services available to serve mentally disabled or developmentally disabled persons, and how these resources can be best utilized by law enforcement to benefit the mentally disabled or developmentally disabled community.
(8) The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime punishable under Title 11.6 (commencing with Section 422.55) of Part 1.
(9) Information on the state mental hospital system and the state developmental center system.
(10) Techniques in conducting forensic investigations within institutional settings where jurisdiction may be shared.
(11) Examples of abuse and exploitation perpetrated by caregivers, staff, contractors, or administrators of state mental hospitals and state developmental centers, and how to conduct investigations in instances where a perpetrator may also be a caregiver or provider of therapeutic or other services.
(c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed.
SEC. 2.
Section 13519.2 of the Penal Code is amended to read:
13519.2.
(a) The commission shall, on or before July 1, 1990, include in the basic training course for law enforcement officers, adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Officers who complete the basic training prior to July 1, 1990, shall participate in supplementary training on this topic. This supplementary training shall be completed on or before July 1, 1992. Further training courses to update this instruction shall be established, as deemed necessary by the commission.
(b) The course of instruction relating to the handling of developmentally disabled or mentally ill persons shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in this area. In addition to providing instruction on the handling of these persons, the course shall also include information on the cause and nature of developmental disabilities and mental illness, as well as the community resources available to serve these persons.
(c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed.
SECTION 1.
It is the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.

Summary: Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a continuing education classroom training course for peace officer interactions with persons with mental illnesses or developmental disabilities. Under existing law, this course consists of classroom instruction and utilizes interactive training methods to ensure that training is as realistic as possible. Under existing law, this course includes training in identifying indicators of mental disability, conflict resolution techniques, and alternatives to lethal force. Existing law also requires the commission to develop, in consultation with specified entities, adequate instruction in the handling of persons with developmental disabilities or mental illnesses for inclusion in the basic training course for law enforcement officers. This bill would require the commission, in collaboration with relevant stakeholders, to study and submit a report to the Legislature, on or before December 31, 2017, that assesses the statuses of the training courses described above, assesses whether the courses cover all appropriate topics, and identifies areas where additional training may be needed. This bill would declare the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.

An act
to amend Sections 13515.30 and 13519.2 of the Penal Code,
relating to peace officer training.