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

SECTION 1.
Chapter 2.55 (commencing with Section 1000.7) is added to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER  2.55. Deferred Entry of Judgment Pilot Program
1000.7.
(a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants described in subdivision (b):
(1) County of Alameda.
(2) County of Butte.
(3) County of Napa.
(4) County of Nevada.
(5) County of Santa Clara.
(b) A defendant may participate in a deferred entry of judgment pilot program within the county’s juvenile hall if that person is charged with committing a felony offense, other than the offenses listed under subdivision (d), he or she pleads guilty to the charge or charges, and the probation department determines that the person meets all of the following requirements:
(1) Is 18 years of age or older, but under 21 years of age on the date the offense was committed.
(2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c).
(3) Shows the ability to benefit from services generally reserved for delinquents, including, but not limited to, cognitive behavioral therapy, other mental health services, and age-appropriate educational, vocational, and supervision services, that are currently deployed under the jurisdiction of the juvenile court.
(4) Meets the rules of the juvenile hall developed in accordance with the applicable regulations set forth in Title 15 of the California Code of Regulations.
(5) Does not have a prior or current conviction for committing an offense listed under subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5, or subdivision (b) of Section 707 of the Welfare and Institutions Code.
(6) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(c) The probation department, in consultation with the superior court, district attorney, and sheriff of the county or the governmental body charged with operating the county jail, shall develop an evaluation process using a risk assessment tool to determine eligibility for the program.
(d) If the defendant is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or if he or she has been convicted of one or more of the following offenses, he or she is not eligible for the program:
(1) An offense listed under subdivision (c) of Section 1192.7.
(2) An offense listed under subdivision (c) of Section 667.5.
(3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code.
(e) The court shall grant deferred entry of judgment if an eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment.
(f) (1) If the probation department determines that the defendant is not eligible for the deferred entry of judgment pilot program or the defendant does not consent to participate in the program, the proceedings shall continue as in any other case.
(2) If it appears to the probation department that the defendant is performing unsatisfactorily in the program as a result of the commission of a new crime or the violation of any of the rules of the juvenile hall or that the defendant is not benefiting from the services in the program, the probation department may make a motion for entry of judgment. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered. If the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program, the court shall render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing as otherwise provided in this code, and the probation department, in consultation with the county sheriff, shall remove the defendant from the program and return him or her to custody in county jail. The mechanism of when and how the defendant is moved from custody in juvenile hall to custody in a county jail shall be determined by the local multidisciplinary team specified in paragraph (2) of subdivision (m).
(3) If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the court shall dismiss the criminal charge or charges.
(g) A defendant shall serve no longer than one year in custody within a county’s juvenile hall pursuant to the program.
(h) The probation department shall develop a plan for reentry services, including, but not limited to, housing, employment, and education services, as a component of the program.
(i) The probation department shall submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice, including recidivism rates for program participants as compared to recidivism rates for similar populations in the adult system within the county.
(j) A defendant participating in the program pursuant to this section shall not come into contact with minors within the juvenile hall for any purpose, including, but not limited to, housing, recreation, or education.
(k) Prior to establishing a pilot program pursuant to this section, the county shall apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The board shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the board shall take into account the available programming, capacity, and safety of the institution as a place for the confinement and rehabilitation of individuals within the jurisdiction of the criminal court, and those within the jurisdiction of the juvenile court.
(l) The Board of State and Community Corrections shall review a county’s pilot program to ensure compliance with requirements of the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), as amended, relating to “sight and sound” separation between juveniles and adult inmates.
(m) (1) This section applies to a defendant who would otherwise serve time in custody in a county jail. Participation in a program pursuant to this section shall not be authorized as an alternative to a sentence involving community supervision.
(2) Each county shall establish a multidisciplinary team that shall meet periodically to review and discuss the implementation, practices, and impact of the program. The team shall include representatives from the following:
(A) Probation department.
(B) The district attorney’s office.
(C) The public defender’s office.
(D) The sheriff’s department.
(E) Courts located in the county.
(F) The county board of supervisors.
(G) The county health and human services department.
(H) A youth advocacy group.
(n) (1) A county that establishes a pilot program pursuant to this section shall submit data regarding the pilot program to the Board of State and Community Corrections. The data submitted shall be used for the purposes of paragraph (2).
(2) The board shall conduct an evaluation of the pilot program’s impact and effectiveness. The evaluation shall include, but not be limited to, evaluating each pilot program’s impact on sentencing and impact on opportunities for community supervision, monitoring the program’s effect on minors in the juvenile facility, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to young adult offenders sentenced for comparable crimes.
(3) Each evaluation shall be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety.
(4) The board may contract with an independent entity, including, but not limited to, the Regents of the University of California, for the purposes of carrying out the duties of the board pursuant to this subdivision.
(o) This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara. Recent research on the adolescent brain development has found that brain development continues well after an individual reaches 18 years of age. This bill would therefore allow for the criminal justice system to apply the most recent brain development research to its practices in these counties by allowing certain transitional age youth access to age-appropriate rehabilitative services available in the juvenile justice system when an assessment determines that the individual would benefit from the services, with the aim of reducing the likelihood of the youth continuing in the criminal justice system.

Summary: Existing law provides that entry of judgment may be deferred with respect to a defendant who is charged with certain crimes involving possession of controlled substances, who pleads guilty to the charge or charges, and who meets certain criteria, including that he or she has no prior convictions for any offense involving controlled substances and has had no felony convictions within the 5 years prior, as specified. Existing law requires the criminal charge or charges to be dismissed if the defendant has performed satisfactorily in a specified program during the period in which deferred entry of judgment was granted. This bill would authorize specified counties to establish a pilot program to operate a deferred entry of judgment pilot program for eligible defendants. The bill would authorize a defendant to participate in the program within the county’s juvenile hall if that person is charged with committing a felony offense, except as specified, he or she pleads guilty to the charge or charges, and the probation department determines that the person meets specified requirements, including that the defendant is 18 years of age or older, but under 21 years of age on the date the offense was committed, is suitable for the program, and shows the ability to benefit from services generally reserved for delinquents. The bill would require the probation department to develop a plan for reentry services. The bill would require the court to grant deferred entry of judgment if the eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment. The bill would also require the court to render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing, and would require the return of the defendant to custody in a county jail if the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program. If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the bill would require the court to dismiss the criminal charge or charges. The bill would require a county, prior to establishing a pilot program, to apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The bill would require the board to review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. The bill would also require each county to establish a multidisciplinary team consisting of representatives of specified local entities. The team would be required to meet periodically to review and discuss the implementation, practices, and impact of the program. The bill would require the probation department to submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice. The bill would prohibit a defendant participating in the program from coming into contact with minors within the juvenile hall, would prohibit a defendant from serving longer than one year in custody within a county’s juvenile hall pursuant to the program, and would require the board to review a county’s pilot program to ensure compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974, as specified. The bill would require a county that establishes a pilot program pursuant to these provisions to submit data regarding the pilot program to the board, and would require the board to conduct an evaluation of the pilot program’s impact and effectiveness, as specified. The bill would require the evaluation to be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. The bill would also authorize the board to contract with an independent entity, including, but not limited to, the Regents of the University of California, to carry out these duties. The authority conferred by this bill would be repealed on January 1, 2020. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara.

An act to add and repeal Chapter 2.55 (commencing with Section 1000.7) of Title 6 of Part 2 of the Penal Code, relating to crimes.


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

SECTION 1.
Title 12.2 (commencing with Section 14230) is added to Part 4 of the Penal Code, to read:
TITLE 12.2. California Firearm Violence Research Act
14230.
The Legislature finds and declares the following:
(a) Firearm violence is a significant public health and public safety problem in California and nationwide. Nationally, rates of fatal firearm violence have remained essentially unchanged for more than a decade, as declines in homicide have been offset by increases in suicide.
(b) California has been the site of some of the nation’s most infamous mass shootings, such as those at a McDonald’s in San Ysidro, at Cleveland Elementary School in Stockton, near UC Santa Barbara in Isla Vista, and most recently at the Inland Regional Center in San Bernardino. Yet public mass shootings account for less than 1 percent of firearm violence. In 2014, there were 2,939 firearm-related deaths in California, including 1,582 suicides, 1,230 homicides, 89 deaths by legal intervention, and 38 unintentional or undetermined deaths. In communities where firearm violence is a frequent occurrence, the very structure of daily life is affected.
(c) Nationwide, the annual societal cost of firearm violence was estimated at two hundred twenty-nine billion dollars ($229,000,000,000) in 2012. A significant share of this burden falls on California. In 2013, the Office of Statewide Health Planning and Development noted that government-sponsored insurance programs covered nearly two-thirds of the costs of hospitalizations for firearm assaults in California, and about
half
one-half of
the costs of hospitalizations for unintentional injuries or those resulting from deliberate self-harm.
(d) California has been a leader in responding to this continuing crisis. However, although rates of fatal firearm violence in California are well below average for the 50 states, they are not low enough.
(e) Too little is known about firearm violence and its prevention. This is in substantial part because too little research has been done. The need for more research and more sophisticated research has repeatedly been emphasized. Because there has been so little support for research, only a small number of trained investigators are available.
(f) When confronted by other major health and social problems, California and the nation have mounted effective responses, coupling an expanded research effort with policy reform in the public’s interest. Motor vehicle accidents, cancer, heart disease, and tobacco use are all examples of the benefits of this approach.
(g) Federal funding for firearm violence research through the Centers for Disease Control
and Prevention
has been virtually eliminated by Congress since 1996, leaving a major gap that must be filled by other sources.
14231.
(a) It is the intent of the Legislature to establish a center for research into firearm-related violence. It is the intent of the Legislature that the center be administered by the University of California pursuant to the following principles:
(1) Interdisciplinary work of the center shall address the following:
(A) The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator.
(B) The individual, community, and societal consequences of firearm violence.
(C) Prevention and treatment of firearm violence at the individual, community, and societal levels.
(2) The center shall conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall
extend to firearm violence as a form of terrorism.
include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms.
(3) The center shall work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs.
(4) To help ensure a long-term and successful effort to understand and prevent firearm violence, the center shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, young investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates.
(5) It is the intent of the Legislature to support the center’s activities by funding the center with an appropriation to a Firearm Violence Research Center Account. The center may also seek additional federal, state, and private funds.
(6) As a supplement to its own research, the center shall administer a small grants program for research on firearm violence, funded through a research account in the Firearm Violence Research Center Account. All research funds shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that assures objectivity, consistency, and high quality. All qualified investigators, regardless of institutional affiliation, shall have equal access and opportunity to compete for the funds in the research account.
(7) The peer review process for the selection of grants awarded under this program shall be modeled on the process used by the National Institutes of Health in its grantmaking process.
(b) It is further the intent of the Legislature that on or before December 31, 2017, and every five years thereafter, the University of California transmit programmatic, as well as financial, reports to the state, including a report on the grants made, pending grants, program accomplishments, and the future direction of the program. The report shall be submitted in compliance with Section 9795 of the Government Code.
(c) Subject to the conditions and requirements established elsewhere in statute, state agencies,
including
including,
but not limited
to
to,
the Department of Justice, the State Department of Public Health, the State Department of Health Care Services, the Office of Statewide Health Planning and Development, and the Department of Motor Vehicles, shall provide to the center, upon proper request, the data necessary for the center to conduct its research.
(d) The center and all recipients of grants supported by the research account shall provide copies of their research publications to the Legislature and to agencies supplying data used in the conduct of that research as soon as is practicable following publication. These submissions shall be submitted in compliance with Section 9795 of the Government Code.
(e) Toward these ends, the Legislature requests that the Regents of the University of California establish a Firearm Violence Research Center and administer the center and grant program pursuant
to
to,
and consistent
with
with,
the principles and goals stated herein.
14232.
This article shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university.

Summary: Existing law establishes and funds various research centers and programs in conjunction with the University of California. This bill would enact the California Firearm Violence Research Act. The bill would declare the intent of the Legislature that the Regents of the University of California establish the California Firearm Violence Research Center to research firearm-related violence. The bill would declare legislative intent regarding the principles by which the university would administer the center and award research funds, as prescribed. The bill would require the university to report, on or before December 31, 2017, and every 5 years thereafter, specified information regarding the activities of the center and information pertaining to research grants. The bill would require the center and the grant recipients to provide copies of its their research publications to the Legislature. Legislature and specified agencies. The bill would specify that its provisions would apply to the university only to the extent that the Regents, regents, by resolution, make any of the provisions of the bill applicable to the university.

An act to add Title 12.2 (commencing with Section 14230) to Part 4 of the Penal Code, relating to firearm violence research.


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

SECTION 1.
Section 21080.25 of the Public Resources Code is amended to read:
21080.25.
(a) For purposes of this section, the following definitions shall apply:
(1) “Antenna support structures” means lattice towers, monopoles, and roof-mounts.
(2) “Authority” means the Los Angeles Regional Interoperable Communication System Joint Powers Authority.
(3) “Habitat of significant value” includes all of the following:
(A) Wildlife habitat of national, statewide, or regional importance.
(B) Habitat identified as candidate, fully protected, sensitive, or species of special status by a state or federal agency.
(C) Habitat essential to the movement of resident or migratory wildlife.
(4) “LA-RICS” means the Los Angeles Regional Interoperable Communications System, consisting of a long-term evolution broadband mobile data system, a land mobile radio system, or both.
(5) “LMR” means a land mobile radio system.
(6) “LTE” means a long-term evolution broadband mobile data system.
(7) “Riparian area” means an area that is transitional between terrestrial and aquatic ecosystems, that is distinguished by gradients in biophysical conditions, ecological processes, and biota, and that meets the following criteria:
(A) Is an area through which surface and subsurface hydrology connect bodies of water with their adjacent uplands.
(B) Is adjacent to perennial, intermittent, and ephemeral streams, lakes, or estuarine or marine shorelines.
(C) Includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems.
(8) “Wetlands” has the same meaning as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(9) “Wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection.
(b) Except as provided in subdivision (d), if all the criteria specified in subdivision (c) are met at the individual project site, this division does not apply to the design, site acquisition, construction, operation, or maintenance of the following elements of the LA-RICS:
(1) Antennas, including microwave dishes and arrays.
(2) Antenna support structures.
(3) Equipment enclosures.
(4) Central system switch facilities.
(5) Associated foundations and equipment.
(c) As a condition of the exemption specified in subdivision (b), all of the following criteria shall be met at the individual project site:
(1) The project site is publicly owned and already contains either of the following:
(A) An antenna support structure and either of the following components:
(i) Antennas.
(ii) Equipment enclosures.
(B) A police or sheriff station or other public facility that transmits or receives public safety radio signals, except a fire station.
(2) Construction and implementation at the project site would not have a substantial adverse impact on wetlands, riparian areas, or habitat of significant value, and would not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the habitat of those species.
(3) Construction and implementation of the project at the site would not have a substantial adverse impact on historical resources pursuant to Section 21084.1.
(4) Operation of the project at the site would not exceed the maximum permissible exposure standards established by the Federal Communications Commission, as set forth in Sections 1.1307 and 1.1310 of Title 47 of the Code of Federal Regulations.
(5) Any new LTE antenna support structures or LMR antenna support structures would comply with applicable state and federal height restrictions and any height restrictions mandated by an applicable comprehensive land use plan adopted by an airport land use commission. The new monopoles shall not exceed 70 feet in height without appurtenances and attachments, and new lattice towers shall not exceed 180 feet in height without appurtenances and attachments.
(6) Each new central system switch is located within an existing enclosed structure at a publicly owned project site or is housed at an existing private communications facility.
(d) Subdivision (b) does not apply if the individual project site is located on either of the following:
(1) A school site.
(2) A cultural or sacred site, as described in Section 5097.9 or 5097.993.
(e) (1) Before determining that a project is not subject to this division pursuant to this section, the authority shall hold a noticed public meeting in each county supervisorial district in which the project is located to hear and respond to public comments. The notice shall be provided at least 72 hours in advance of the meeting and published no fewer times than required by Section 6061 of the Government Code by the authority in a newspaper of general circulation in each county supervisorial district in which the project is located.
(2) If the authority determines that a project is not subject to this division pursuant to this section, and it determines to approve or carry out that project, the notice of exemption shall be filed with the Office of Planning and Research and the county clerk in the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152. The authority shall post the notice of exemption on its Internet Web site.
(f) The authority shall post on its Internet Web site all of the following, as applicable:
(1) Draft and final environmental documentation in compliance with this division or the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).
(2) The date of filing of notices required pursuant to this division or the federal National Environmental Policy Act of 1969.
(3) All notice and hearing information regarding review and approval of environmental documentation by federal agencies.
(g) On or after January 1, 2017, the authority and its member agencies shall approve use agreements for the LA-RICS in an open and noticed public meeting.
(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Existing law, until January 1, 2017, exempts from CEQA the design, site acquisition, construction, operation, or maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS) consisting of a long-term evolution broadband mobile data system and a land mobile radio system, if certain criteria are met at the individual project site, including that the site contains either an antenna support structure, as provided, or a public facility that transmits or receives public safety radio signals. This bill would extend that exemption until January 1, 2020, and would specify that a fire station is not a public facility for purposes of determining if that exemption applies to an individual project site. The bill would provide that the exemption does not apply if the project site is located in certain areas. The bill would require the LA-RICS Joint Powers Authority to hold a public meeting before making a determination that a project is exempted, to file the notice of exemption with the Office of Planning and Research and the county clerk in the county in which the project is located, and to post certain information on its Internet Web site. Because a lead agency, which may include a local agency, would be required to determine whether a project qualifies for this exemption and to perform additional duties, 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.

An act to amend Section 21080.25 of the Public Resources Code, relating to environmental quality.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The Legislature passed, and the Governor signed, Senate Bill 1021 in 2012, which included direction to the Department of Corrections and Rehabilitation to create the Supportive Housing Program for Mentally Ill Parolees, pursuant to Section 3073 of the Penal Code. The program was intended to use funds budgeted for the Integrated Services for Mentally Ill Parolees (ISMIP) program to serve the purposes outlined in Senate Bill 1021.
(b) Since 2012, the budget has not referred to the program by name and funds have not been used for their legislatively intended purposes.
(c) It is the intent of the Legislature to strengthen the ISMIP program to ensure that the department promotes the
evidence-based
evidence-based,
wraparound services, including rental subsidies in an amount adequate to allow mentally ill parolees experiencing homelessness or at risk of experiencing homelessness upon release from prison to obtain and maintain housing stability during and after the term of parole, thereby reducing recidivism among parolees with a history of homelessness.
(d) It is the intent of the Legislature that contracts the department enters into under the ISMIP program require contractors to target resources to parolees experiencing homelessness or offenders at risk of homelessness upon release. The contracts shall emphasize housing permanency and stability over food, clothing, and drop-in or day center services and shall require contractors to use a substantial portion of the contracted payment to provide rental assistance to obtain housing that is independent and integrated into the community.
(e) It is the intent of the Legislature that the Department of Corrections and Rehabilitation include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017.
SEC. 2.
Section 2985 of the Penal Code is amended to read:
2985.
It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees who suffer from mental illness and are either homeless or at risk of homelessness, in order to successfully reintegrate the parolees into the community, increase public safety, and reduce state costs of recidivism. It is further the intent of the Legislature to supplement existing parole outpatient clinic services by providing services to individuals who suffer from a severe mental illness, as defined in Section 5600.3 of the Welfare and Institutions Code, and who require services that cannot be provided by parole outpatient clinics, including services provided pursuant to Section 5806 of the Welfare and Institutions Code.
SEC. 3.
Section 2985.1 of the Penal Code is amended to read:
2985.1.
For purposes of this article, the following definitions shall apply:
(a) “Bridge rental assistance” means rental assistance paid to participating landlords while the service provider and program participant seek permanent rental assistance that allows the program participant to remain in the same housing or, when feasible, allows the program participant to incur the full responsibility of paying rent through employment or benefits entitlement once parole ends.
(b) “Department” means the Department of Corrections and Rehabilitation.
(c) “Fair market rent” means the rent, including the cost of utilities other than telephone, as established by the United States Department of Housing and Urban Development, for units of varying sizes, as determined by the number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of a modest nature with suitable amenities.
(d) “Homelessness” has the same meaning as in Part 91 of Title 24 of the Code of Federal Regulations.
(e) “Integrated Services for Mentally Ill Parolees program” or “ISMIP program” means the program of supportive services and housing support provided by this article.
(f) “Interim housing” means a temporary residence in which a program participant resides, for a period not to exceed nine months, while waiting to move into permanent housing. “Interim housing” may include housing that is paid for using motel vouchers or housing in which a program participant resides for the purpose of receiving recuperative care.
(g) “Likely to become homeless upon release” or “at risk of homelessness” means the individual has a history of homelessness and he or she satisfies both of the following criteria:
(1) The individual has not identified a fixed, regular, and adequate nighttime residence for release.
(2) The individual’s only identified nighttime residence for release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or not ordinarily used as, regular sleeping accommodations for human beings.
(h) “Supportive housing” has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable.
SEC. 4.
Section 2985.2 of the Penal Code is amended to read:
2985.2.
(a) Pursuant to Section 3073, the department shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are either homeless or at risk of homelessness using funding appropriated by the Legislature for the ISMIP program.
(b) A service provider participating in this program shall comply with all of the following:
(1) Provide services and treatment based on evidence-based practices.
(2) Demonstrate that the program reduces recidivism and homelessness among program participants.
(3)  Have prior experience working with county or regional mental health programs.
(4) Demonstrate existing relationships with a supportive housing provider.
(c) (1) An inmate or parolee is eligible to participate in this program if all of the following apply:
(A) He or she has a serious mental disorder as defined in Section 5600.3 of the Welfare and Institutions Code and as identified by the department, and he or she has a history of mental health treatment in the prison’s mental health services delivery system or in a parole outpatient clinic.
(B) The inmate or parolee voluntarily chooses to participate.
(C) Either of the following applies:
(i) He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release.
(ii) He or she is currently a homeless parolee.
(2) First priority for the program shall be given to the lowest functioning offenders in prison, as identified by the department, who are likely to become homeless upon release.
(d) A
service provider shall exercise due diligence in providing any mental health or other contracted services pursuant to Section 2985.3 and shall notify the department of an individual’s participation in such services. A
parolee is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance pursuant to this article.
SEC. 5.
Section 2985.3 of the Penal Code is amended to read:
2985.3.
(a) A service provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability while the program participant is on parole, to enable the program participant to comply with the terms of parole, and to augment mental health services provided to the program participant. The services shall be offered to a program participant in his or her home, or shall be made as easily accessible to the program participant as possible and shall include, but are not limited to, all of the following:
(1) Case management services.
(2) Parole discharge planning.
(3) Housing location services, and, if needed, move-in cost assistance.
(4) Rental subsidies that are equal to or greater than fair market rent.
(5) Linkage to other services, such as vocational, educational, and employment services, as needed.
(6) Benefit entitlement application and appeal assistance.
(7) Transportation assistance to obtain services and health care needed.
(8) Assistance obtaining appropriate identification.
(b) For a program participant identified prior to release from state prison, upon the service provider’s receipt of referral and in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the service provider shall, when possible:
(1) Receive all prerelease assessments and discharge plans.
(2) Draft a plan for the program participant’s transition into housing that serves the program participant’s needs and that demonstrates a clear transition pathway to permanent, independent, and affordable housing. Housing options shall include permanent supportive housing and interim housing, as necessary, while the program participant awaits placement into supportive housing.
(3) Engage the program participant to actively participate in services upon release.
(4) Assist in obtaining identification for the program participant, if necessary.
(5) Assist in applying for any benefits for which the program participant is eligible.
(c) (1) To facilitate the transition of a program participant identified prior to release into the community and a program participant identified during parole into supportive housing, a service provider shall, on an ongoing basis, but not less than quarterly, assess each program participant’s needs and include in each program participant’s assessment a plan to foster independence and continued residence in the same permanent housing when his or her parole is complete.
(2) Upon referral to the service provider, the service provider shall work to transition a program participant from the department’s rental assistance to other mainstream rental assistance benefits if those benefits are necessary to enable the program participant to remain in stable housing, and shall prioritize transitioning the program participant to these benefits in a manner that allows the program participant to remain housed, when possible, without moving. Mainstream rental assistance benefits may include, but are not limited to, federal Housing Choice Voucher assistance, Department of Housing and Urban Development-Veterans Affairs Supportive Housing vouchers, or other rental assistance programs.
(3) The program participant’s parole discharge plan and the assessments shall consider the need for, and prioritize linkage to, county mental health services and housing opportunities that are supported by the Mental Health Services Act, the Mental Health Services Act Housing Program, or other funding sources that finance permanent supportive housing for persons with mental illness, so that the program participant may continue to achieve all recovery goals of the program and remain permanently housed when his or her parole is complete.
(4) The department and service providers shall not limit the bridge rental assistance made available to the program participant, except to the term of the program participant’s parole. The program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, so long as he or she complies with the terms of the lease.
SEC. 6.
Section 2985.4 of the Penal Code is amended to read:
2985.4.
(a) A service provider shall identify and locate supportive housing opportunities for a program participant prior to his or her release from state prison or as quickly upon his or her release from state prison as possible, or as quickly as possible after the program participant is identified during parole, but in no case later than nine months after the program participant agrees to participate in the ISMIP program.
(b) Housing identified pursuant to subdivision (a) shall satisfy all of the following:
(1) The housing is located in an apartment building, single-room occupancy buildings, townhouses, or single-family homes, including rent-subsidized apartments leased in the open market or set aside within privately owned buildings.
(2) The housing is not subject to community care licensing requirements or is exempt from licensing under Section 1504.5 of the Health and Safety Code.
(3) A program participant living in supportive housing shall have a lease and be subject to the rights and responsibilities of tenancy.
(c) A service provider shall use a portion of the ISMIP payments received from the department to identify and offer the program participant interim housing while the program participant is waiting to obtain appropriate permanent rental housing and to complete documentation and paperwork needed to move the program participant into the rental housing.
(d) If a service provider operates in a county that utilizes homeless coordinated assessment and entry systems, the service provider shall offer ISMIP program payments and housing assistance to parolees who qualify for the ISMIP program through those systems.
(e) A service provider may use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants.
SEC. 7.
Section 2985.5 of the Penal Code is amended to read:
2985.5.
(a) A service provider shall report to the department regarding the intended outcomes of the program, including all of the following:
(1) The number of program participants served.
(2) The types of services that were provided to program participants.
(3) The outcomes for program participants, including the number who are living independently, the number who remain in or moved to permanent housing, the number who ceased to participate in the program, the number who returned to state prison, and the number who were arrested and are residing in county jail.
(4) The number of program participants who successfully completed parole and transitioned to county mental health programs.
(5) The percentage of program participants currently living in permanent housing.
(b) The department shall prepare an analysis of the costs of the supportive housing program in comparison to the cost savings to the state as a result of reduced recidivism rates by program participants using the information provided pursuant to subdivision (a). This analysis shall exclude from consideration any federal funds provided for services while the program participant is on parole in order to ensure that the analysis accurately reflects only the costs to the state for the services provided to program participants.
(c) The department shall annually submit, on or before February 1, the information collected pursuant to subdivision (a) and the analysis prepared pursuant to subdivision (b) to the chairs of the Joint Legislative Budget Committee, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Public Safety, the Senate Committee on Transportation and Housing, and the Assembly Committee on Housing and Community Development.

Summary: Existing law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law provides that an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as defined, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies. Existing law requires a service provider to comply with specified requirements, including, among others, that the service provider has prior experience working with county or regional mental health programs. This bill would require a service provider to also demonstrate an existing relationship with a supportive housing provider. The bill would specify that a program participant is not required to receive other services for mentally ill parolees as a condition of eligibility to receive rental assistance through the program. The bill would require a service provider to exercise due diligence in providing any mental health or other contracted services and to notify the department of a participant’s participation in those services. The bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined. The bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the person’s parole. Existing law requires a service provider to identify and locate supportive housing opportunities prior to a program participant’s release from state prison or as quickly upon release from state prison as possible, or as quickly as possible when a program participant is identified during parole. Existing law requires a service provider to report specified information to the department, including the number of program participants served and the outcomes for program participants, including the number of participants who returned to state prison. This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy. The bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined. The bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail. The bill would also make technical, nonsubstantive, and clarifying changes.

An act to amend Sections 2985, 2985.1, 2985.2, 2985.3, 2985.4, and 2985.5 of the Penal Code, relating to parolees.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) In 2012, about 35,000 children were born to 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and fewer than 4 in 10 young mothers graduate from high school by 18 years of age.
(b) Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protect all pupils’ rights to equal educational opportunities regardless of sex. Yet, only some of California’s school districts provide pregnant and parenting pupil programs.
(c) Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following:
(1) Inconsistent access to excused “family leave” absences to care for new infants during the critical period of early child development, with male parents often having no access.
(2) Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities.
(3) Rigid requirements to verify excused absences to care for a sick child.
(4) Allowed “reasonable” amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupil’s goal to graduate.
(5) Varying levels of support and engagement from schools while pupils are absent.
(6) Encouragement to pursue independent study that may not fulfill the “A-G” admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies.
(7) Parenting pupils’ lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils’ different educational options during pregnancy, postpartum, and as a parent.
(d) While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a General Education Development (GED) credential, and only 2 percent go to college before 30 years of age.
(e) Educational challenges set the stage for economic hardship: The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers’ median income of $31,904.
(f) Nearly 60 percent of mothers under 19 years of age live in poverty.
(g) Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves.
(h) Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education.
(i) Further, bonding time is critical for an infant’s long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families.
(j) Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education.
SEC. 2.
Section 222.5 is added to the Education Code, to read:
222.5.
A school district shall notify pregnant and parenting pupils of their rights and options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets pursuant to Section 48980, through independent study packets, on the school district’s Internet Web site, in lactation rooms, and in locker rooms.
SEC. 3.
Section 46015 is added to the Education Code, to read:
46015.
(a) The governing board of a school district may
allow
adopt a policy that allows
a parenting pupil who gives or expects to give birth up to six weeks of parental leave and may allow a parenting pupil not giving birth up to three weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision.
(b) (1) Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department.
(2) For purposes of calculating average daily attendance for a pupil on parental leave, one day of attendance shall be credited for each hour spent on activities related to the instruction of that pupil, with a maximum equivalent of the limits specified in subdivision (a). For purposes of this paragraph, “activities related to the instruction of that pupil” means activities that require contact with the pupil.
(3) An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupil’s school before the end of the pregnant pupil’s second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave.
SEC. 4.
Section 48205 of the Education Code is amended to read:
48205.
(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1) Due to his or her illness.
(2) Due to quarantine under the direction of a county or city health officer.
(3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5) For the purpose of jury duty in the manner provided for by law.
(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor.
(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board.
(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9) For the purpose of spending time with a member of the pupil’s immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.
(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references therein to “employee” shall be deemed to be references to “pupil.”
SEC. 5.
Section 48206.3 of the Education Code is amended to read:
48206.3.
(a) Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside.
(b) For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings:
(1) “Individual instruction” means instruction provided to an individual pupil in the pupil’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2) “Temporary disability” means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c) (1) For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2) A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year.
(d) Notice of the availability of individualized instruction shall be given pursuant to Section 48980.
SEC. 6.
Section 48208 of the Education Code is amended to read:
48208.
(a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupil’s presence in a qualifying hospital.
(b) Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1) (A) Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered.
(B) A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district.
(2) Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3.
(3) Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced.
SEC. 7.
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 a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance. This bill would include as another type of excused absence, 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to allow adopt a policy that allows a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave and to allow a parenting pupil not giving birth up to 3 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave, and would specify the method for crediting average daily attendance for these pupils. Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupil’s temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified. This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district. Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid. This bill would require a school district to notify pregnant and parenting pupils of specified rights and options available to those pupils, as specified. To the extent that this bill would impose additional duties on school districts, 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 Sections 48205, 48206.3, and 48208 of, and to add Sections 222.5 and 46015 to, the Education Code, relating to pupil rights.


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

SECTION 1.
Section 3003.5 of the Penal Code is amended to read:
3003.5.
(a) Notwithstanding any other
provision of
law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in any
single family
single-family
dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section,
“single family
“single-family
dwelling” shall not include a residential facility
which
that
serves six or fewer persons.
(b)
(1)
Notwithstanding any other
provision of
law, it is unlawful for any person
convicted of any of the offenses enumerated in Section 667.61 and
for whom registration is required pursuant to Section 290 to reside within
2000
2,000
feet of any public or private school, or park where children regularly gather.
The 2,000-foot residency restriction shall be measured by the shortest practical pedestrian or vehicle path.
(2) The state parole authority shall enforce the residency restriction required pursuant to this section until the sex offender is discharged from parole unless any of the following occur:
(A) The offender is subject to a greater preexisting residency restriction.
(B) The residency restriction is modified within the county in which the offender resides as provided by Section 3003.51.
(C) The residency restriction is found unconstitutional as applied within the county and no modified restriction can be constitutionally enforced.
(3) Any person subject to the residency restriction imposed pursuant to paragraph (1) may, if compliance is not reasonably possible within his or her county, seek relief pursuant to Section 3003.51.
(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290.
SEC. 2.
Section 3003.51 is added to the Penal Code, to read:
3003.51.
(a) Any person prohibited pursuant to Section 3003.5 from living within 2,000 feet of any public or private school, or park where children regularly gather, may seek relief from those restrictions if he or she cannot comply with the restriction because of the unavailability of compliant housing within his or her county of domicile.
(b) Any person seeking relief under this section may file a petition with the superior court of the county in which he or she resides. Notice of the petition shall be timely served on the state parole authority or other entity enforcing the subject sex offender residency restrictions.
(c) Notwithstanding any other law, original jurisdiction for any petition filed pursuant to this section shall lie with the appellate division of the superior court in which the petition is filed. The court may consolidate all pending petitions.
(d) The appellate division of the superior court in which the petition is filed pursuant to this section may grant the petition in whole or in part if the petitioner establishes by a preponderance of the evidence, and the court finds, each of the following:
(1) There is a pervasive lack of compliant housing within the petitioner’s county of domicile.
(2) The petitioner is among a substantial proportion of sex offenders subject to the 2,000 foot residency restriction who have, despite good faith efforts, been unable to find compliant housing within the county.
(3) The 2,000 foot restriction is the principal reason that those without a residence have been unable to find compliant housing.
(e) (1) Relief granted pursuant to this section may modify residential distance restrictions to comport with the geographic constraints within the subject county but modifications shall be narrowly crafted in order to substantially comply with the intent of the people in approving Section 3003.5.
(2) The court may, if necessary, bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age.
(f) If relief is granted or denied pursuant to this section, no subsequent petition shall be heard, unless the petitioner or petitioners establish in the petition, to the satisfaction of the court, both of the following:
(1) There has been a change of circumstances based upon a substantial decline in the availability of compliant housing.
(2) There has been a corresponding increase in the percentage of sex offenders who are unable to comply with the residency restriction due to the change of circumstances described in paragraph (1) since the court ruling on the prior petition.
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 protect the public at the earliest possible time, it is necessary that this act take effect immediately.

Summary: Existing law, as amended by Proposition 83 at the November 7, 2006, statewide general election, prohibits any person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather. This bill would require that the 2,000-foot residency restriction be measured by the shortest practical pedestrian or vehicle path. The bill would limit the residency restriction to persons convicted of specified offenses. The bill would clarify that the state parole authority shall enforce the residency restriction except under specified conditions. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by a preponderance of the evidence that there is a pervasive lack of compliant housing in the county, that the petitioner is among a substantial proportion of sex offenders subject to the residency restriction who are unable to find compliant housing, and that the housing restriction is the principal reason that those without a residence have been unable to find housing. The bill would allow relief to modify the residential distance restrictions if that relief is narrowly crafted, and would allow the court to bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age. The bill would prohibit a subsequent petition from being heard if relief is granted or denied, unless the petitioner establishes in the petition, to the satisfaction of the court, that circumstances regarding compliant housing have changed, as provided. Proposition 83 permits the Legislature, by a vote of 23 of the membership of each house and in accordance with specified procedures, to amend the provisions of the act. By amending Proposition 83, this bill would require a 23 vote. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Section 3003.5 of, and to add Section 3003.51 to, the Penal Code, relating to sex offenders, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Chapter 6 (commencing with Section 8385) is added to Division 4.1 of the Public Utilities Code, to read:
CHAPTER  6. Wildfire Mitigation
8385.
(a) For purposes of this chapter, the following shall apply:
(1) “Compliance period” means a period of approximately one year.
(2) “Electrical cooperative” has the same meaning as defined in Section 2776.
(b) The commission shall supervise an electrical corporation’s compliance with the requirements of this chapter pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1). Nothing in this chapter affects the commission’s authority or jurisdiction over an electrical cooperative or local publicly owned electrical corporation.
8386.
(a) Each electrical corporation shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment.
(b) Each electrical corporation shall annually prepare and submit a wildfire mitigation plan for the next compliance period to the commission for review. The wildfire mitigation plan shall include:
(1) An accounting of the responsibilities of persons responsible for executing the plan.
(2) The objectives of the plan.
(3) A description of the preventive strategies and programs to be adopted by the electrical corporation to minimize the risk of its electrical lines and equipment causing catastrophic wildfires.
(4) A description of the metrics the electrical corporation plans to use to evaluate the plan’s performance and the assumptions that underlie the use of those metrics.
(5) A discussion of how the application of previously identified metrics to previous plan performances has informed the plan.
(6) A description of the processes and procedures the electrical corporation will use to do the following:
(A) Monitor and audit the implementation of the plan.
(B) Identify any deficiencies in the plan or the plan’s implementation and correct those deficiencies.
(C) Monitor and audit the effectiveness of electrical line and equipment inspections, including inspections performed by contractors, carried out under the plan and other applicable statutes and commission rules.
(7) Any other information that the commission may require.
(c) The commission shall act expeditiously, but no later than 30 days before the beginning of the compliance period, to review and comment on the electrical corporation’s wildfire mitigation plan.
(d) The commission shall provide the electrical corporation with an opportunity to amend a wildfire mitigation plan in response to commission comments within 30 days.
(e) The commission shall conduct or contract for audits to determine if an electrical corporation is satisfactorily complying with its wildfire mitigation plan.
(f) The commission may contract with an independent third party to evaluate wildfire mitigation plans or to conduct audits and inspections authorized by this section, and may require electrical corporations to reimburse any related expenses.
8387.
(a) Each local publicly owned electric utility and electrical cooperative shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment.
(b) The governing board of the local publicly owned electric utility or electrical cooperative shall determine, based on historical fire data and local conditions, and in consultation with the fire departments or other entities responsible for control of wildfires within the geographical area where the utility’s overhead electrical lines and equipment are located, whether any portion of that geographical area has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment.
(c) If, pursuant to subdivision (b), the governing board determines that there is a significant risk of catastrophic wildfire resulting from the utility’s electrical lines and equipment, the local publicly owned electric utility or electrical cooperative shall, at an interval determined by the board, present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire.
(d) A fire prevention plan prepared by the local publicly owned electric utility or electrical cooperative, submitted to and approved by a federal agency as a license condition pursuant to subsection (e) of Section 4 of the Federal Power Act (16 U.S.C. Sec. 797 (e)) may, at the discretion of the governing board, be deemed to meet the requirements of this chapter for those areas covered by the fire prevention plan.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: The California Constitution establishes the Public Utilities Commission, authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the California Constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act provides the commission with broad authority over public utilities, including electrical corporations, while local publicly owned electric utilities and electrical cooperatives are under the direction of their governing boards. Existing law establishes requirements for equipment, practices, and facilities for public utilities, including standards, enforceable by the commission, for installation and maintenance of wires or cables used to conduct electricity. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. This bill would require each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. The bill would require each electrical corporation to annually prepare a wildfire mitigation plan. The bill would require each electrical corporation to submit its plan to the commission for review, as specified. The bill would require the commission to review and comment on the submitted plan, as specified. The bill would require the governing board of a local publicly owned electric utility or electrical cooperative to determine whether any portion of the geographical area where the utility’s overhead electrical lines and equipment are located has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment and, if so, would require the local publicly owned electric utility or electrical cooperative, at an interval determined by the board, to present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. By placing additional duties upon local publicly owned electric utilities, the bill would impose a state-mandated local program. Because a violation of these provisions by an electrical corporation 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 specified reasons.

An act to add Chapter 6 (commencing with Section 8385) to Division 4.1 of the Public Utilities Code, relating to public utilities.


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

SECTION 1.
The Legislature hereby finds and declares all of the following:
(a) California’s 4,200 units of local government have issued $1.5 trillion in debt since 1984. The California Debt and Investment Advisory Commission (CDIAC) was created in 1982 to provide information, education, and technical assistance on debt issuance and investments to local public agencies and other public finance professionals. Over the past three decades, CDIAC has emerged as a national thought leader in public finance.
(b) Nationally, there is approximately $3.7 trillion of state and local government debt outstanding. Of all outstanding state and local government debt, approximately 75 percent is held by households and mutual funds owned predominantly by households. State governments, local governments, and their stakeholders benefit from better data about public debt. Transparency on public debt promotes better government and market integrity. It is in the interest of the people that state and local agencies utilize technological opportunities to provide transparency to the public.
(c) State and local agencies should adopt comprehensive written debt management policies pursuant to the recommendation of the Government Finance Officers Association, a professional organization of over 18,000 public officials united to enhance and promote the professional management of governmental financial resources. These policies should reflect local, state, and federal laws and regulations.
(d) It is the intent of the Legislature that all debt issuance of state and of local governments be published in a single, transparent online database that allows the citizens of California to analyze, interpret, and understand how debt authorized by the public is utilized to finance facilities and services at the state and local level.
SEC. 2.
Section 8855 of the Government Code is amended to read:
8855.
(a) There is created the California Debt and Investment Advisory Commission, consisting of nine members, selected as follows:
(1) The Treasurer, or his or her designee.
(2) The Governor or the Director of Finance.
(3) The Controller, or his or her designee.
(4) Two local government finance officers appointed by the Treasurer, one each from among persons employed by a county and by a city or a city and county of this state, experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with these agencies.
(5) Two Members of the Assembly appointed by the Speaker of the Assembly.
(6) Two Members of the Senate appointed by the Senate Committee on Rules.
(b) (1) The term of office of an appointed member is four years, but appointed members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the appointing power shall make an appointment to become effective immediately for the unexpired term.
(2) Any legislators appointed to the commission shall meet with and participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter, the Members of the Legislature shall constitute a joint interim legislative committee on the subject of this chapter.
(c) The Treasurer shall serve as chairperson of the commission and shall preside at meetings of the commission.
(d) Appointed members of the commission shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the commission not to exceed three hundred dollars ($300) in any month, and reimbursement for expenses incurred in the performance of their duties under this chapter, including travel and other necessary expenses.
(e) The commission may adopt bylaws for the regulation of its affairs and the conduct of its business.
(f) The commission shall meet on the call of the chairperson, at the request of a majority of the members, or at the request of the Governor. A majority of all nonlegislative members of the commission constitutes a quorum for the transaction of business.
(g) The office of the Treasurer shall furnish all administrative assistance required by the commission.
(h) The commission shall do all of the following:
(1) Assist all state financing authorities and commissions in carrying out their responsibilities as prescribed by law, including assistance with respect to federal legislation pending in Congress.
(2) Upon request of any state or local government units, to assist them in the planning, preparation, marketing, and sale of debt issues to reduce cost and to assist in protecting the issuer’s credit.
(3) Collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance, track and report on all state and local outstanding debt until fully repaid or redeemed, and serve as a statistical clearinghouse for all state and local debt. This information shall be available to the public.
(4) Maintain contact with state and municipal bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for state and local government debt issues.
(5) Undertake or commission studies on methods to reduce the costs and improve credit ratings of state and local issues.
(6) Recommend changes in state laws and local practices to improve the sale and servicing of state and local debts.
(7) Establish a continuing education program for local officials having direct or supervisory responsibility over municipal investments and debt issuance. The commission shall undertake these and any other activities necessary to disclose investment and debt issuance practices and strategies that may be conducive for oversight purposes.
(8) Collect, maintain, and provide information on local agency investments of public funds for local agency investment.
(9) Publish a monthly newsletter describing and evaluating the operations of the commission during the preceding month.
(i) (1) The issuer of any proposed debt issue of state or local government shall, no later than 30 days prior to the sale of any debt issue, submit a report of the proposed issuance to the commission by any method approved by the commission. This subdivision shall also apply to any nonprofit public benefit corporation incorporated for the purpose of acquiring student loans. The commission may require information to be submitted in the report of proposed debt issuance that it considers appropriate. Failure to submit the report shall not affect the validity of the sale. The report of proposed debt issuance shall include a certification by the issuer that it has adopted local debt policies concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. A local debt policy shall include all of the following:
(A) The purposes for which the debt proceeds may be used.
(B) The types of debt that may be issued.
(C) The relationship of the debt to, and integration with, the issuer’s capital improvement program or budget, if applicable.
(D) Policy goals related to the issuer’s planning goals and objectives.
(E) The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use.
(2) In the case of an issue of bonds the proceeds of which will be used by a governmental entity other than the issuer, the issuer may rely upon a certification by that other governmental entity that it has adopted the policies described in subparagraphs (C), (D), and (E) of paragraph (1), and references to the “issuer” in those subparagraphs shall be deemed to refer instead to the other governmental entity.
(j) The issuer of any debt issue of state or local government, not later than 21 days after the sale of the debt, shall submit a report of final sale to the commission by any method approved by the commission. A copy of the final official statement for the issue shall accompany the report of final sale. If there is no official statement, the issuer shall provide each of the following documents, if they exist, along with the report of final sale:
(1) Other disclosure document.
(2) Indenture.
(3) Installment sales agreement.
(4) Loan agreement.
(5) Promissory note.
(6) Bond purchase contract.
(7) Resolution authorizing the issue.
(8) Bond specimen.
The commission may require information to be submitted in the report of final sale that it considers appropriate. The issuer may redact confidential information contained in the documents if the redacted information is not information that is otherwise required to be reported to the commission.
(k) (1) A public agency, whether state or local, shall submit an annual report for any issue of debt for which it has submitted a report of final sale pursuant to subdivision (j) on or after January 21, 2017. The annual report shall cover a reporting period from July 1 to June 30, inclusive, and shall be submitted no later than seven months after the end of the reporting period by any method approved by the commission. Before approving any annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers. The annual report shall consist of the following information:
(A) Debt authorized during the reporting period, which shall include the following:
(i) Debt authorized at the beginning of the reporting period.
(ii) Debt authorized and issued during the reporting period.
(iii) Debt authorized but not issued at the end of the reporting period.
(iv) Debt authority that has lapsed during the reporting period.
(B) Debt outstanding during the reporting period, which shall include the following:
(i) Principal balance at the beginning of the reporting period.
(ii) Principal paid during the reporting period.
(iii) Principal outstanding at the end of the reporting period.
(C) The use of proceeds of issued debt during the reporting period, which shall include the following:
(i) Debt proceeds available at the beginning of the reporting period.
(ii) Proceeds spent during the reporting period and the purposes for which it was spent.
(iii) Debt proceeds remaining at the end of the reporting period.
(2) Compliance with this subdivision shall be required for each issue of debt with outstanding debt, debt that has been authorized but not issued, or both, during the reporting period.
(3) The commission may, if technology permits, develop an alternate reporting method, provided that any alternate reporting method is in furtherance of the purpose of collecting the data required by this subdivision. Before approving any alternate annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers.

Summary: Existing law establishes the California Debt and Investment Advisory Commission to, among other things, maintain contact with state and municipal bond issuers, underwriters, investors, and credit rating agencies to improve the market for state and local government debt issues and to assist state and local governments to prepare, market, and sell their debt issues. Existing law requires the commission to collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance and to serve as a statistical clearinghouse for all state and local debt issuance. This bill would additionally require the commission to track and report on all state and local outstanding debt until fully repaid or redeemed. Existing law requires the issuer of debt of state or local government to submit reports to the commission, within specified timeframes, of the proposed issuance of debt and of final sale, as provided. This bill would require that the report of proposed debt include a certification by the issuer that it has adopted local debt policies, which include specified provisions concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. This bill would also require a state or local public agency to submit an annual report for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. The bill would require the annual report to cover a reporting period of July 1 to June 30, inclusive, and to include specified information about debt issued and outstanding and the use of proceeds from debt during the reporting period. The bill would require that the report be submitted within 7 months after the end of the reporting period by any method approved by the commission. The bill would require the commission to consult with appropriate state and local debt issuers and organizations representing debt issuers prior to approving any annual method of reporting pursuant to these provisions, as provided. This bill would make various findings and declarations regarding its provisions.

An act to amend Section 8855 of the Government Code, relating to state government.