BILL NUMBER: SB 92	CHAPTERED
	BILL TEXT

	CHAPTER  36
	FILED WITH SECRETARY OF STATE  JUNE 30, 2011
	APPROVED BY GOVERNOR  JUNE 30, 2011
	PASSED THE SENATE  JUNE 28, 2011
	PASSED THE ASSEMBLY  JUNE 28, 2011
	AMENDED IN ASSEMBLY  JUNE 28, 2011
	AMENDED IN ASSEMBLY  JUNE 14, 2011

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 10, 2011

   An act to amend Sections 3101, 8557, 8567, 8585.2, 8600, 8624,
53114.1, 76104.7, and 77206 of, to add Section 8565.1 to, to repeal
Sections 8576, 8577, 8578, 8579, and 8582 of, and to repeal and add
Section 8575 of, the Government Code, to amend Section 36120 of the
Health and Safety Code, to amend Sections 830.2, 830.11, 999c, 1230,
1233, 1233.4, 1233.6, 5072, 5076.1, 6025, 6027, 6030, 6126, 6126.2,
6126.3, 6126.4, 6126.5, 6127.1, 6127.3, 6127.4, 6128, 6129, 6131,
6132, 13601, 13602, 13603, 13800, 13801, 13812, 13820, 13826.1,
13826.15, 13826.7, and 13901 of, to amend the heading of Title 4.5
(commencing with Section 13600) of Part 4 of, to amend and repeal
Section 830.5 of, to add Section 5023.7 to, to add and repeal Section
1233.61 of, to repeal Sections 6051, 6126.1, 13810, 13811, 13813,
13823, 13827, 13827.1, 13827.2, 13831, and 13832 of, and to repeal
and add Sections 6024 and 13600 of, the Penal Code, to amend Sections
19204 and 19209 of, and to repeal and add Section 19210 of, the
Public Contract Code, and to amend Sections 731.1, 1766, 1766.01,
1951, and 14053.7 of, to repeal Sections 912.1 and 912.5 of, and to
repeal and add Section 912 of, the Welfare and Institutions Code,
relating to public safety, and making an appropriation therefor, to
take effect immediately, bill related to the budget.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 92, Committee on Budget and Fiscal Review. Budget Act of 2011.
   (1) Existing law creates the California Emergency Council
consisting of certain members and assigned certain powers and duties.

   This bill would, effective January 1, 2012, eliminate the
California Emergency Council and would empower the California
Emergency Management Agency to serve as the state disaster council
for purposes of the California Disaster and Civil Defense Master
Mutual Aid Agreement.
   (2) Existing law creates the independent Office of the Inspector
General and provides that it is not a subdivision of any other
government entity. The Inspector General and certain other employees
of the office are peace officers provided that the primary duty of
these peace officers is conducting audits of investigatory practices
and other audits, as well as conducting investigations, of the
Department of Corrections and Rehabilitation, the Division of
Juvenile Justice, and the Board of Parole Hearings.
   This bill would remove the Inspector General and the other
employees from peace officer status. The bill would authorize the
Inspector General and certain other employees to exercise the powers
of arrest and serving warrants, as provided.
   Existing law requires the Inspector General to, among other
things, review departmental policy and procedures, conduct audits of
investigatory practices and other audits, be responsible for
contemporaneous oversight of internal affairs investigations and the
disciplinary process, and conduct investigations of the department,
and audit each warden of an institution one year after his or her
appointment and each correctional institution at least once every 4
years. Existing law establishes within the Office of the Inspector
General a Bureau of Independent Review (BIR).
   This bill would revise and recast the duties of the Inspector
General to, among other things, remove the requirement that the
Inspector General review departmental policy and procedures, conduct
audits of investigatory practices and other audits, and conduct
investigations of the department, and would instead provide that the
Inspector General be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process of the
department pursuant to provisions specifying the responsibilities of
the Bureau of Independent Review. The bill would remove the
requirement of the Inspector General to audit wardens. The bill would
require the Inspector General to conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.
   Existing law makes it a misdemeanor for the Inspector General or
any employee or former employee of the Inspector General to divulge
or make known in any manner not expressly permitted by law to any
person not employed by the Inspector General any particulars of any
record, document, or information the disclosure of which is
restricted by law from release to the public. The prohibition also
applies to, among others, any person or business entity that is
contracting with or has contracted with the Inspector General and to
the employees and former employees of that person or business entity.

   This bill would add any person that has been furnished a draft
copy of any report for comment or review to the persons to whom the
prohibition applies. Because the bill would expand the scope of a
crime, it would create a state-mandated local program.
   (3) Existing law authorizes the Department of Corrections and
Rehabilitation and the State Department of Health Care Services to
develop a process to maximize federal financial participation for the
provision of inpatient hospital services rendered to individuals
who, but for their status as inmates, would otherwise be eligible for
Medi-Cal or for the Coverage Expansion and Enrollment Demonstration
Project, as provided.
   This bill would limit the development of the process to maximize
federal financial participation to acute inpatient hospital services
for inmates, and would require the federal reimbursement for inmates
enrolled in Medi-Cal to occur through the State Department of Health
Care Services, who would reimburse the Department of Corrections and
Rehabilitation, and the federal reimbursement for inmates not
enrolled in Medi-Cal but who are eligible for a Low Income Health
Program (LIHP) would occur through a county LIHP, as provided.
   (4) Existing law creates the Corrections Standards Authority
established within the Department of Corrections and Rehabilitation
with the duty of studying the entire subject of crime. Existing law
creates the California Council on Criminal Justice with certain
powers and duties. Existing law creates the Office of Gang and Youth
Violence Policy which is, among other things, responsible for
identifying and evaluating state, local, and federal gang and youth
violence suppression, intervention, and prevention programs and
strategies, along with funding for those efforts.
   This bill, commencing July 1, 2012, would eliminate the
Corrections Standards Authority, and assign its former duties to the
newly created 12-member Board of State and Community Corrections and
assign additional duties, as provided. Commencing July 1, 2012, the
bill would eliminate the California Council on Criminal Justice and
assign its powers and duties to the Board of State and Community
Corrections, as provided. Commencing January 1, 2012, the bill would
eliminate the Office of Gang and Youth Violence Policy.
   (5) Under existing law, the Corrections Standards Authority is
responsible for developing, approving, and monitoring standards for
the selection and training of state correctional peace officers and
apprentices.
   This bill would create the Commission on Correctional Peace
Officer Standards and Training, which would succeed to those
functions.
   (6) Existing law establishes the State Community Corrections
Performance Incentives Fund in order to receive moneys budgeted for
the purposes of providing probation revocations incentive payments
and high performance grants to county probation departments, as
provided.
   This bill would provide that the State Community Corrections
Performance Incentives Fund is established in the State Treasury,
that the fund is continuously appropriated, thereby creating an
appropriation, and that the moneys appropriated for the purposes of
providing probation revocations incentive payments and high
performance grants be transferred from the General Fund and
administered as provided.
   (7) Existing law, beginning in 2012, requires the Judicial Council
to provide a report twice a year to the Joint Legislative Budget
Committee that provides information related to procurement contracts
for the judicial branch. Existing law requires that certain required
audits include an audit and report by the State Auditor on his or her
assessment of the implementation of certain contracting provisions
by the judicial branch.
   This bill would require that the report on procurements also be
made to the State Auditor. The bill would require that, instead of
the audit and report required above, commencing no earlier than July
1, 2011, and no later than December 15, 2012, the State Auditor
establish a pilot program to audit 6 trial courts, and based on the
results of the pilot program, on or before December 15, 2013,
commence audits of the trial courts, as provided. The bill would also
require that on or before December 15, 2013, and biennially
thereafter, the State Auditor audit the Administrative Office of the
Courts, the Habeas Corpus Resource Center, and the appellate courts,
as provided.
   (8) Existing law permits a court committing a ward to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, to recall a commitment in the case of a ward whose
commitment offense is not a specified offense and not a sex offense.
   This bill would allow the court to recall a commitment without
regard to the underlying commitment offense. The bill would provide
that this provision shall only be operative if the Director of
Finance reduces an appropriation in the Budget Act of 2011, as
specified.
   (9) Existing law required the county from which persons are
committed to the Department of the Youth Authority to pay the state
$176 per month for the time that person remains in any institution at
the expense of the department.
   This bill would require counties from which persons are committed
to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities to pay the state an annual rate of $125,000 for
the time those persons remain in any institution under the direct
supervision of the division or any other institution in which they
are placed by the division. The bill would make conforming changes.
The bill would provide that these provisions shall only become
operative if the Director of Finance reduces an appropriation in the
Budget Act of 2011, as specified.
   (10) This bill would appropriate $1,000 from the Trial Court Trust
Fund to the judicial branch for court administration.
   (11) The bill would also make conforming changes.
   (12) 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.
   (13) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3101 of the Government Code is amended to read:

   3101.  For the purpose of this chapter the term "disaster service
worker" includes all public employees and all volunteers in any
disaster council or emergency organization accredited by the
California Emergency Management Agency. The term "public employees"
includes all persons employed by the state or any county, city, city
and county, state agency or public district, excluding aliens legally
employed.
  SEC. 2.  Section 8557 of the Government Code is amended to read:
   8557.  (a) "State agency" means any department, division,
independent establishment, or agency of the executive branch of the
state government.
   (b) "Political subdivision" includes any city, city and county,
county, district, or other local governmental agency or public agency
authorized by law.
   (c) "Governing body" means the legislative body, trustees, or
directors of a political subdivision.
   (d) "Chief executive" means that individual authorized by law to
act for the governing body of a political subdivision.
   (e) "Disaster council" and "disaster service worker" have the
meaning prescribed in Chapter 1 (commencing with Section 3201) of
Part 1 of Division 4 of the Labor Code.
   (f) "Public facility" means any facility of the state or a
political subdivision, which facility is owned, operated, or
maintained, or any combination thereof, through moneys derived by
taxation or assessment.
   (g) "Sudden and severe energy shortage" means a rapid, unforeseen
shortage of energy, resulting from, but not limited to, events such
as an embargo, sabotage, or natural disasters, and which has
statewide, regional, or local impact.
  SEC. 3.  Section 8565.1 is added to the Government Code, to read:
   8565.1.  Nothing in this chapter shall operate to prevent the
Governor from establishing a committee or board composed of heads of
state agencies, should the Governor deem it necessary to aid him or
her in obtaining information or advice, assisting in developing or
carrying out plans, or otherwise acting in accomplishment of the
purposes of this chapter.
  SEC. 4.  Section 8567 of the Government Code is amended to read:
   8567.  (a) The Governor may make, amend, and rescind orders and
regulations necessary to carry out the provisions of this chapter.
The orders and regulations shall have the force and effect of law.
Due consideration shall be given to the plans of the federal
government in preparing the orders and regulations. The Governor
shall cause widespread publicity and notice to be given to all such
orders and regulations, or amendments or rescissions thereof.
   (b) Orders and regulations, or amendments or rescissions thereof,
issued during a state of war emergency or state of emergency shall be
in writing and shall take effect immediately upon their issuance.
Whenever the state of war emergency or state of emergency has been
terminated, the orders and regulations shall be of no further force
or effect.
   (c) All orders and regulations relating to the use of funds
pursuant to Article 16 (commencing with Section 8645) shall be
prepared in advance of any commitment or expenditure of the funds.
Other orders and regulations needed to carry out the provisions of
this chapter shall, whenever practicable, be prepared in advance of a
state of war emergency or state of emergency.
   (d) All orders and regulations made in advance of a state of war
emergency or state of emergency shall be in writing, shall be exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2. As soon thereafter as possible they shall be
filed in the office of the Secretary of State and with the county
clerk of each county.
  SEC. 5.  Section 8575 of the Government Code is repealed.
  SEC. 6.  Section 8575 is added to the Government Code, to read:
   8575.  For the purposes of the California Disaster and Civil
Defense Master Mutual Aid Agreement, the California Emergency
Management Agency will serve as the State Disaster Council.
  SEC. 7.  Section 8576 of the Government Code is repealed.
  SEC. 8.  Section 8577 of the Government Code is repealed.
  SEC. 9.  Section 8578 of the Government Code is repealed.
  SEC. 10.  Section 8579 of the Government Code is repealed.
  SEC. 11.  Section 8582 of the Government Code is repealed.
  SEC. 12.  Section 8585.2 of the Government Code is amended to read:

   8585.2.  (a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the agency or engaged in the administration
of law, the administration of which is transferred to the agency, are
transferred to the agency. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the agency.
   (b) The property of any agency or department related to functions
transferred to the California Emergency Management Agency is
transferred to the agency. If any doubt arises as to where that
property is transferred, the Department of General Services shall
determine where the property is transferred.
   (c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the agency shall be
transferred to the agency for use for the purpose for which the
appropriation was originally made or the funds were originally
available. If there is any doubt as to where those balances and funds
are transferred, the Department of Finance shall determine where the
balances and funds are transferred.
  SEC. 13.  Section 8600 of the Government Code is amended to read:
   8600.  The Governor with the advice of the California Emergency
Management Agency is hereby authorized and empowered to divide the
state into mutual aid regions for the more effective application,
administration, and coordination of mutual aid and other
emergency-related activities.
  SEC. 14.  Section 8624 of the Government Code is amended to read:
   8624.  All of the powers granted the Governor by this chapter with
respect to a state of war emergency shall terminate when:
   (a) The state of war emergency has been terminated by proclamation
of the Governor or by concurrent resolution of the Legislature
declaring it at an end; or
   (b) The Governor has not within 30 days after the beginning of
such state of war emergency issued a call for a special session of
the Legislature for the purpose of legislating on subjects relating
to such state of war emergency, except when the Legislature is
already convened with power to legislate on such subjects.
  SEC. 15.  Section 53114.1 of the Government Code is amended to
read:
   53114.1.  To accomplish the responsibilities specified in this
article, the division is directed to consult at regular intervals
with the State Fire Marshal, the State Department of Public Health,
the Office of Traffic Safety, the California Emergency Management
Agency, a local representative from a city, a local representative
from a county, the public utilities in this state providing telephone
service, the Association of Public-Safety Communications Officials,
the Emergency Medical Services Authority, the Department of the
California Highway Patrol, and the Department of Forestry and Fire
Protection. These agencies shall provide all necessary assistance and
consultation to the division to enable it to perform its duties
specified in this article.
  SEC. 16.  Section 76104.7 of the Government Code is amended to
read:
   76104.7.  (a) Except as otherwise provided in this section, in
addition to the penalty levied pursuant to Section 76104.6, there
shall be levied an additional state-only penalty of three dollars
($3) for every ten dollars ($10), or part of ten dollars ($10), in
each county upon every fine, penalty, or forfeiture imposed and
collected by the courts for all criminal offenses, including all
offenses involving a violation of the Vehicle Code or any local
ordinance adopted pursuant to the Vehicle Code.
   (b) This additional penalty shall be collected together with, and
in the same manner as, the amounts established by Section 1464 of the
Penal Code. These moneys shall be taken from fines and forfeitures
deposited with the county treasurer prior to any division pursuant to
Section 1463 of the Penal Code. These funds shall be deposited into
the county treasury DNA Identification Fund. One hundred percent of
these funds, including any interest earned thereon, shall be
transferred to the state Controller at the same time that moneys are
transferred pursuant to paragraph (2) of subdivision (b) of Section
76104.6, for deposit into the state's DNA Identification Fund. These
funds shall be used to fund the operations of the Department of
Justice forensic laboratories, including the operation of the DNA
Fingerprint, Unsolved Crime and Innocence Protection Act, and to
facilitate compliance with the requirements of subdivision (e) of
Section 299.5 of the Penal Code.
   (c) This additional penalty does not apply to the following:
   (1) Any restitution fine.
   (2) Any penalty authorized by Section 1464 of the Penal Code or
this chapter.
   (3) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (4) The state surcharge authorized by Section 1465.7 of the Penal
Code.
   (d) The fees collected pursuant to this section shall not be
subject to subdivision (e) of Section 1203.1d of the Penal Code, but
shall be disbursed under paragraph (3) of subdivision (b) of Section
1203.1d of the Penal Code.
  SEC. 17.  Section 77206 of the Government Code is amended to read:
   77206.  (a) Notwithstanding any other law, the Judicial Council
may regulate the budget and fiscal management of the trial courts.
The Judicial Council, in consultation with the Controller, shall
maintain appropriate regulations for recordkeeping and accounting by
the courts. The Judicial Council shall seek to ensure, by these
provisions, both of the following:
   (1) That the fiscal affairs of the trial courts are managed
efficiently, effectively, and responsibly.
   (2) That all moneys collected by the courts, including filing
fees, fines, forfeitures, and penalties, and all revenues and
expenditures relating to court operations are known.
   The Judicial Council may delegate its authority under this
section, when appropriate, to the Administrative Director of the
Courts.
   (b) Regulations, rules, and reporting requirements adopted
pursuant to this chapter shall be exempt from review and approval or
other processing by the Office of Administrative Law as provided for
in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
   (c) The Controller, at the request of the Legislature, may perform
and publish financial and fiscal compliance audits of the reports of
court revenues and expenditures. The Controller shall report the
results of these audits to the Legislature and the Judicial Council.
   (d) The Judicial Council shall provide for the transmission of
summary information concerning court revenues and expenditures to the
Controller.
   (e) The Judicial Council shall adopt rules to provide for
reasonable public access to budget allocation and expenditure
information at the state and local levels.
   (f) The Judicial Council shall adopt rules ensuring that, upon
written request, the trial courts provide, in a timely manner,
information relating to the administration of the courts, including
financial information and other information that affects the wages,
hours, and working conditions of trial court employees.
   (g) (1) The Judicial Council or its representatives may do any of
the following:
   (A) Inspect, review, and perform comprehensive oversight and
analysis of court financial records wherever they may be located.
   (B) Investigate allegations of financial impropriety or
mismanagement.
   (2) The authority granted pursuant to this subdivision shall not
substitute for, or conflict with, the audits conducted pursuant to
subdivisions (h) and (i).
   (h) (1) Commencing not earlier than July 1, 2011, and not later
than December 15, 2012, the entity contracted with pursuant to
subdivision (j) shall establish a pilot program to audit six trial
courts. That entity shall select the trial courts using the following
criteria:
   (A) Two trial courts selected from counties with a population of
200,000 or less.
   (B) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
   (C) Two trial courts selected from counties with a population of
750,000 or greater.
   The audits shall be performed in accordance with generally
accepted government auditing standards and shall determine the trial
court's compliance with governing statutes, rules, and regulations
relating to the revenues, expenditures, and fund balances of all
material and significant funds, including state General Fund funds,
funds generated from fees or fines, federal funds, grants, and any
other funds within the trial court's administration or control. The
audits required by this section shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
   (2) Based on the results of the pilot program audits described in
paragraph (1), the entity contracted with pursuant to subdivision (j)
shall, on or before December 15, 2013, commence an audit of the
trial courts, provided that every trial court is audited in the
manner prescribed by this section at least once every four years. The
audits shall be performed in accordance with generally accepted
government auditing standards and shall determine the trial court's
compliance with governing statutes, rules, and regulations relating
to the revenues, expenditures, and fund balances of all material and
significant funds, including state General Fund funds, funds
generated from fees or fines, federal funds, grants, or any other
funds within the trial court's administration or control. The audits
required by this paragraph shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
   (3) Notwithstanding Section 10231.5, the auditing entity shall
compile the trial court audit findings and report the results of
these audits to the Legislature, the Judicial Council, and the
Department of Finance no later than April 1 of each year. An audit
report shall not be considered final until the audited entity is
provided a reasonable opportunity to respond and the response is
included with, or incorporated into, the report.
   (4) The reasonable and necessary contracted cost of the audit
conducted pursuant to this subdivision shall be paid from funds of
the local trial court being audited.
   (i) (1) On or before December 15, 2013, and biennially thereafter,
the entity contracted with pursuant to subdivision (j) shall perform
an audit of the Administrative Office of the Courts in accordance
with generally accepted government auditing standards and shall
determine the Administrative Office of the Court's compliance with
governing statutes, rules, regulations, and policies relating to the
revenues, expenditures, and fund balances of all material and
significant funds under the administration, jurisdiction, or control
of the Administrative Office of the Courts.
   (2) Notwithstanding Section 10231.5, the auditing entity shall
provide a copy of the final audit report of the Administrative Office
of the Courts to the Legislature, the Judicial Council, and the
Department of Finance upon issuance. An audit report shall not be
considered final until the audited entity is provided a reasonable
opportunity to respond and the response is included with, or
incorporated into, the report.
   (3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
   (j) The Administrative Office of the Courts shall contract with
the Controller to perform the audits described in subdivisions (h)
and (i), unless either the Bureau of State Audits or the Department
of Finance demonstrates that it can perform the audits pursuant to
the same timeframes, scope, and methodology as the Controller for a
cost that is less than that proposed by the Controller. In that case,
the Administrative Office of the Courts may contract with the state
entity named in this subdivision that is most cost effective. The
Administrative Office of the Courts shall provide written
notification to the chairs of the Senate Committee on Budget and
Fiscal Review, the Assembly Committee on Budget, and the Senate and
Assembly Committees on Judiciary, if the Administrative Office of the
Courts contracts with an entity other than the Controller. The
contract period for any contract entered into pursuant to this
section shall not exceed four years from the date of commencement.
   (k) A report submitted pursuant to subdivision (h) or (i) shall be
submitted in compliance with Section 9795.
  SEC. 18.  Section 36120 of the Health and Safety Code is amended to
read:
   36120.  (a) The coordinator, in cooperation with the Secretary of
the Human Relations Agency, the Superintendent of Public Instruction,
the Director of the Office of Planning, and any other executive
officers the Governor may designate, shall develop goals for state
participation in the Model Cities program.
   (b) In order to take advantage of the opportunities for program
innovation offered by the Model Cities program, one set of the goals
for state participation shall be directed toward interdisciplinary
program development, such as programs for early childhood
development, community treatment as an alternative to criminal
incarceration, and community services.
  SEC. 19.  Section 830.2 of the Penal Code is amended to read:
   830.2.  The following persons are peace officers whose authority
extends to any place in the state:
   (a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
   (b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
   (c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
   (d) (1) Any member of the Office of Correctional Safety of the
Department of Corrections and Rehabilitation, provided that the
primary duties of the peace officer shall be the investigation or
apprehension of inmates, wards, parolees, parole violators, or
escapees from state institutions, the transportation of those
persons, the investigation of any violation of criminal law
discovered while performing the usual and authorized duties of
employment, and the coordination of those activities with other
criminal justice agencies.
   (2) Any member of the Office of Internal Affairs of the Department
of Corrections and Rehabilitation, provided that the primary duties
shall be criminal investigations of Department of Corrections and
Rehabilitation personnel and the coordination of those activities
with other criminal justice agencies. For purposes of this
subdivision, the member of the Office of Internal Affairs shall
possess certification from the Commission on Peace Officer Standards
and Training for investigators, or have completed training pursuant
to Section 6126.1 of the Penal Code.
   (e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
   (f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
   (g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
   (h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
   (i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
  SEC. 20.  Section 830.5 of the Penal Code, as amended by Section 44
of Chapter 1124 of the Statutes of 2002, is amended to read:
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except
as specified in this section, these peace officers may carry
firearms only if authorized and under those terms and conditions
specified by their employing agency:
   (a) A parole officer of the Department of Corrections or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender Parole Board. Except as otherwise provided in
this subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole or of probation by any person in this
state on parole or probation.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole or probation.
   (4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) To the rendering of mutual aid to any other law enforcement
agency.
   For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
   Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board is authorized to carry firearms, but only as determined by the
director on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the director or chairperson. The
Department of the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority who comprise
"high-risk transportation details" or "high-risk escape details" no
later than June 30, 1995. This policy shall be implemented no later
than December 31, 1995.
   The Department of the Youth Authority shall train and arm those
peace officers who comprise tactical teams at each facility for use
during "high-risk escape details."
   (b) A correctional officer employed by the Department of
Corrections or any employee of the Department of the Youth Authority
having custody of wards or any employee of the Department of
Corrections designated by the Director of Corrections or any
correctional counselor series employee of the Department of
Corrections or any medical technical assistant series employee
designated by the Director of Corrections or designated by the
Director of Corrections and employed by the State Department of
Mental Health or employee of the Board of Prison Terms designated by
the Secretary of the Youth and Adult Correctional Agency or employee
of the Department of the Youth Authority designated by the Director
of the Youth Authority or any superintendent, supervisor, or employee
having custodial responsibilities in an institution operated by a
probation department, or any transportation officer of a probation
department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections or the Department of
the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
Parole Board may carry a firearm while not on duty only when so
authorized by the chairperson of the board and only under the terms
and conditions specified by the chairperson. Nothing in this section
shall be interpreted to require licensure pursuant to Section 12025.
The director or chairperson may deny, suspend, or revoke for good
cause a person's right to carry a firearm under this subdivision.
That person shall, upon request, receive a hearing, as provided for
in the negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections, the Department of
the Youth Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision.
              (d) Persons permitted to carry firearms pursuant to
this section, either on or off duty, shall meet the training
requirements of Section 832 and shall qualify with the firearm at
least quarterly. It is the responsibility of the individual officer
or designee to maintain his or her eligibility to carry concealable
firearms off duty. Failure to maintain quarterly qualifications by an
officer or designee with any concealable firearms carried off duty
shall constitute good cause to suspend or revoke that person's right
to carry firearms off duty.
   (e) The Department of Corrections shall allow reasonable access to
its ranges for officers and designees of either department to
qualify to carry concealable firearms off duty. The time spent on the
range for purposes of meeting the qualification requirements shall
be the person's own time during the person's off-duty hours.
   (f) The Director of Corrections shall promulgate regulations
consistent with this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the Director
of the Youth Authority, or his or her designee. The director, or his
or her designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
   (i) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 20.5.  Section 830.5 of the Penal Code, as amended by Section
6 of Chapter 10 of the Statutes of 2011, is amended to read:
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
   (a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole or of probation by any person in this
state on parole or probation.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole or probation.
   (4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) (A) To the rendering of mutual aid to any other law
enforcement agency.
   (B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
   (C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
   (D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
   (b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm under this subdivision. That
person shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision.
   (d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
   (f) The secretary shall promulgate regulations consistent with
this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
   (i) This section is operative January 1, 2012.
  SEC. 21.  Section 830.11 of the Penal Code is amended to read:
   830.11.  (a) The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 during the course and within the scope of their
employment, if they receive a course in the exercise of those powers
pursuant to Section 832. The authority and powers of the persons
designated under this section shall extend to any place in the state:

   (1) Persons employed by the Department of Financial Institutions
designated by the Commissioner of Financial Institutions, provided
that the primary duty of these persons shall be the enforcement of,
and investigations relating to, the provisions of law administered by
the Commissioner of Financial Institutions.
   (2) Persons employed by the Department of Real Estate designated
by the Real Estate Commissioner, provided that the primary duty of
these persons shall be the enforcement of the laws set forth in Part
1 (commencing with Section 10000) and Part 2 (commencing with Section
11000) of Division 4 of the Business and Professions Code. The Real
Estate Commissioner may designate persons under this section, who at
the time of their designation, are assigned to the Special
Investigations Unit, internally known as the Crisis Response Team.
   (3) Persons employed by the State Lands Commission designated by
the executive officer, provided that the primary duty of these
persons shall be the enforcement of the law relating to the duties of
the State Lands Commission.
   (4) Persons employed as investigators of the Investigations Bureau
of the Department of Insurance, who are designated by the Chief of
the Investigations Bureau, provided that the primary duty of these
persons shall be the enforcement of the Insurance Code and other laws
relating to persons and businesses, licensed and unlicensed by the
Department of Insurance, who are engaged in the business of
insurance.
   (5) Persons employed as investigators and investigator supervisors
of the Consumer Services Division or the Rail Safety and Carrier
Division of the Public Utilities Commission who are designated by the
commission's executive director and approved by the commission,
provided that the primary duty of these persons shall be the
enforcement of the law as that duty is set forth in Section 308.5 of
the Public Utilities Code.
   (6) (A) Persons employed by the State Board of Equalization,
Investigations Division, who are designated by the board's executive
director, provided that the primary duty of these persons shall be
the enforcement of laws administered by the State Board of
Equalization.
   (B) Persons designated pursuant to this paragraph are not entitled
to peace officer retirement benefits.
   (7) Persons employed by the Department of Food and Agriculture and
designated by the Secretary of Food and Agriculture as
investigators, investigator supervisors, and investigator managers,
provided that the primary duty of these persons shall be enforcement
of, and investigations relating to, the Food and Agricultural Code or
Division 5 (commencing with Section 12001) of the Business and
Professions Code.
   (8) The Inspector General and those employees of the Office of the
Inspector General as designated by the Inspector General, provided
that the primary duty of those persons shall be the enforcement of
the law relating to the duties of the Office of the Inspector
General.
   (b) Notwithstanding any other provision of law, persons designated
pursuant to this section may not carry firearms.
   (c) Persons designated pursuant to this section shall be included
as "peace officers of the state" under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.
  SEC. 22.  Section 999c of the Penal Code is amended to read:
   999c.  (a) There is hereby established in the California Emergency
Management Agency a program of financial and technical assistance
for district attorneys' offices, designated the California Career
Criminal Prosecution Program. All funds appropriated to the agency
for the purposes of this chapter shall be administered and disbursed
by the secretary of that agency, and shall to the greatest extent
feasible be coordinated or consolidated with federal funds that may
be made available for these purposes.
   (b) The Secretary of Emergency Management is authorized to
allocate and award funds to counties in which career criminal
prosecution units are established in substantial compliance with the
policies and criteria set forth below in Sections 999d, 999e, 999f,
and 999g.
   (c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Career Criminal Prosecution Program, be made available to
support the prosecution of felony cases. Funds available under this
program shall not be subject to review as specified in Section 14780
of the Government Code.
  SEC. 23.  Section 1230 of the Penal Code is amended to read:
   1230.  (a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentives Fund
(CCPIF), to receive all amounts allocated to that county for purposes
of implementing this chapter.
   (b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the moneys,
including any interest, shall be made available to the CPO of that
county, within 30 days of the deposit of those moneys into the fund,
for the implementation of the community corrections program
authorized by this chapter.
   (1) The community corrections program shall be developed and
implemented by probation and advised by a local Community Corrections
Partnership.
   (2) The local Community Corrections Partnership shall be chaired
by the CPO and comprised of the following membership:
   (A) The presiding judge of the superior court, or his or her
designee.
   (B) A county supervisor or the chief administrative officer for
the county.
   (C) The district attorney.
   (D) The public defender.
   (E) The sheriff.
   (F) A chief of police.
   (G) The head of the county department of social services.
   (H) The head of the county department of mental health.
   (I) The head of the county department of employment.
   (J) The head of the county alcohol and substance abuse programs.
   (K) The head of the county office of education.
   (L) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.
   (M) An individual who represents the interests of victims.
   (3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to probation, and shall be spent on
evidence-based community corrections practices and programs, as
defined in subdivision (d) of Section 1229, which may include, but
are not limited to, the following:
   (A) Implementing and expanding evidence-based risk and needs
assessments.
   (B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative justice
programs, work furlough programs, and incarceration in county jail
for up to 90 days.
   (C) Providing more intensive probation supervision.
   (D) Expanding the availability of evidence-based rehabilitation
programs including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
   (E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
   (4) The CPO shall have discretion to spend funds on any of the
above practices and programs consistent with this act but, at a
minimum, shall devote at least 5 percent of all funding received to
evaluate the effectiveness of those programs and practices
implemented with the funds provided pursuant to this chapter. A CPO
may petition the Administrative Office of the Courts to have this
restriction waived, and the Administrative Office of the Courts shall
have the authority to grant such a petition, if the CPO can
demonstrate that the department is already devoting sufficient funds
to the evaluation of these programs and practices.
   (5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
  SEC. 24.  Section 1233 of the Penal Code is amended to read:
   1233.  (a) The Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall calculate for each county
a baseline probation failure rate that equals the weighted average
number of adult felony probationers sent to state prison during
calendar years 2006 to 2008, inclusive, as a percentage of the
weighted average adult felony probation population during the same
period.
   (b) For purposes of calculating the baseline probation failure
rate, the number of adult felony probationers sent to prison shall
include those adult felony probationers sent to state prison for a
revocation of probation, as well as adult felony probationers sent to
state prison for a conviction of a new felony offense. The
calculation shall also include adult felony probationers sent to
prison for conviction of a new crime who simultaneously have their
probation term terminated.
  SEC. 25.  Section 1233.4 of the Penal Code is amended to read:
   1233.4.  (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding as provided for in this
section.
   (b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent of the savings to the state attributed to those
counties that successfully reduce the number of adult felony
probationers sent to state prison.
   (c) The savings estimated pursuant to subdivision (b) shall be
used to provide high performance grants to county probation
departments for the purpose of bolstering evidence-based probation
practices designed to reduce recidivism among adult felony
probationers.
   (d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
   (e) A county probation department that qualifies for a probation
failure reduction incentive payment and a high performance grant
payment as provided for in Section 1233.3 in the same year shall
choose to receive either the probation failure incentive payment or
the high performance grant payment. The CPO of a county that
qualifies for both a high performance grant and a probation failure
reduction incentive payment shall indicate to the Administrative
Office of the Courts, by a date designated by the Administrative
Office of the Courts, whether the CPO chooses to receive the high
performance grant or probation failure reduction payment.
   (f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults ages 18 to 25, inclusive, in each of the
counties qualifying for the grants.
  SEC. 26.  Section 1233.6 of the Penal Code is amended to read:
   1233.6.  (a) Probation failure reduction incentive payments and
high performance grants calculated for any calendar year shall be
provided to counties in the following fiscal year. The total annual
payment to each county shall be divided into four equal quarterly
payments.
   (b) The Department of Finance shall include an estimate of the
total probation failure reduction incentive payments and high
performance grants to be provided to counties in the coming fiscal
year as part of the Governor's proposed budget released no later than
January 10 of each year. This estimate shall be adjusted by the
Department of Finance, as necessary, to reflect the actual
calculations of probation revocation incentive payments and high
performance grants completed by the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts. This
adjustment shall occur as part of standard budget revision processes
completed by the Department of Finance in April and May of each year.

   (c) There is hereby established, in the State Treasury, the State
Community Corrections Performance Incentives Fund, which is
continuously appropriated. Moneys appropriated for purposes of
providing probation revocation incentive payments and high
performance grants authorized in Sections 1230 to 1233.6, inclusive,
shall be transferred into this fund from the General Fund. Any moneys
transferred into this fund from the General Fund shall be
administered by the Administrative Office of the Courts and the share
calculated for each county probation department shall be transferred
to its Community Corrections Performance Incentives Fund authorized
in Section 1230. No more than 1 percent of the estimated savings to
the state resulting from the population of felony probationers
successfully prevented from being sent to state prison, as calculated
by the Department of Finance, shall be appropriated for use by the
Administrative Office of the Courts for the costs of implementing and
administering this program.
   (d) For each fiscal year, the Director of Finance shall determine
the total amount of the State Community Corrections Performance
Incentives Fund and the amount to be allocated to each county,
pursuant to this section and Sections 1230 to 1233.5, inclusive, and
shall report those amounts to the Controller. The Controller shall
make an allocation from the State Community Corrections Performance
Incentives Fund authorized in subdivision (c) to each county in
accordance with the amounts provided.
  SEC. 27.  Section 1233.61 is added to the Penal Code, to read:
   1233.61.  Notwithstanding any other provision of law, any moneys
remaining in the State Community Corrections Performance Incentives
Fund, after the calculation and award determination of each county's
tier payments or high performance grant payments pursuant to Sections
1233.3 and 1233.4, shall be distributed to county probation
departments as follows:
   (a) The Department of Finance shall increase the award amount for
any county whose tier payment or high performance grant payment, as
calculated pursuant to Sections 1233.3 and 1233.4, totals less than
one hundred thousand dollars ($100,000) to no more than one hundred
thousand dollars ($100,000).
   (b) The Department of Finance shall evenly distribute any
remaining funds to those counties that did not receive a tier payment
or a high performance grant payment, as calculated pursuant to
Sections 1233.3 and 1233.4.
   (c) At no time shall an award provided to a county through
subdivision (b) exceed the amount of a grant award provided to
counties that are eligible to receive increased award amounts
pursuant to subdivision (a).
   (d) Any county receiving funding through subdivision (b) shall
submit a report to the Administrative Office of the Courts and the
Chief Probation Officers of California describing how they plan on
using the funds to enhance their ability to be successful under this
act.
   (e) This section shall remain in effect only until June 30, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before June 30, 2013, deletes or extends that date.
  SEC. 28.  Section 5023.7 is added to the Penal Code, to read:
   5023.7.  (a) Notwithstanding any other provision of law, money
recovered prior to July 1, 2011, from an overpayment of a medical
contract expenditure, under the authority of the federal health care
receiver, shall be credited to the fiscal year in which the
expenditure was drawn. An amount not to exceed the total amount of
the funds recovered shall be augmented to the appropriation to the
department for the 2010-11 fiscal year, upon approval of the
Department of Finance.
   (b) Money recovered on or after July 1, 2011, from an overpayment
of a medical contract expenditure, under the authority of the federal
health care receiver, shall be credited to the fiscal year in which
the expenditure was drawn. An amount not to exceed the amount of the
overpayment shall be augmented to the appropriation to the department
for the fiscal year in which the recovered funds are received, upon
approval of the Department of Finance.
   (c) Any money recovered and any adjustments to appropriations made
pursuant to subdivisions (a) and (b) shall be reported to the Joint
Legislative Budget Committee within 30 days.
   (d) The requirement for submitting a report imposed under
subdivision (c) is inoperative on January 1, 2016, pursuant to
Section 10231.5 of the Government Code.
  SEC. 29.  Section 5072 of the Penal Code is amended to read:
   5072.  (a) Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation and the State Department
of Health Care Services may develop a process to maximize federal
financial participation for the provision of acute inpatient hospital
services rendered                                               to
individuals who, but for their institutional status as inmates, are
otherwise eligible for Medi-Cal pursuant to Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code or Low Income Health Program (LIHP) pursuant to
Part 3.6 (commencing with Section 15909) of Division 9 of the Welfare
and Institutions Code.
   (b) Federal reimbursement for acute inpatient hospital services
for inmates enrolled in Medi-Cal shall occur through the State
Department of Health Care Services and federal reimbursement for
acute inpatient hospital services for inmates not enrolled in
Medi-Cal but who are eligible for a LIHP shall occur through a county
LIHP.
   (c) (1) The Secretary of the Department of Corrections and
Rehabilitation, in conjunction with the State Department of Health
Care Services, shall develop a process to claim federal financial
participation and to reimburse the Department of Corrections and
Rehabilitation for the federal share of the allowable Medicaid cost
provision of acute inpatient hospital services rendered to inmates
according to this section and for any administrative costs incurred
in support of those services.
   (2) Public or community hospitals shall invoice the Department of
Corrections and Rehabilitation to obtain reimbursement for acute
inpatient hospital services in accordance with contracted rates of
reimbursement, or if no contract is in place, the rates pursuant to
Section 5023.5. The Department of Corrections and Rehabilitation
shall reimburse a public or community hospital for the delivery of
acute inpatient hospital services rendered to an inmate pursuant to
this section. For individuals eligible for Medi-Cal pursuant to this
section, the Department of Corrections and Rehabilitation shall
submit a monthly invoice to the State Department of Health Care
Services for claiming federal participation at the Medi-Cal rate for
acute inpatient hospital services. For enrollees in the LIHP, the
Department of Corrections and Rehabilitation shall submit a monthly
invoice to the county of last legal residence pursuant to Section
14053.7 of the Welfare and Institutions Code. The county shall submit
the invoice to the State Department of Health Care Services for
claiming federal financial participation for acute inpatient hospital
services for individuals made eligible pursuant to this section,
pursuant to Section 14053.7 of the Welfare and Institutions Code, and
pursuant to the process developed in subdivision (b). The State
Department of Health Care Services shall claim federal participation
for eligible services for LIHP enrolled inmates at the rate paid by
the Department of Corrections and Rehabilitation. The State
Department of Health Care Services and counties shall remit funds
received for federal participation to the Department of Corrections
and Rehabilitation for allowable costs incurred as a result of
delivering acute inpatient hospital services allowable under this
section.
   (3) The county LIHPs shall not experience any additional net
expenditures of county funds due to the provision of services under
this section.
   (4) The Department of Corrections and Rehabilitation shall
reimburse the State Department of Health Care Services and counties
for administrative costs that are not reimbursed by the federal
government.
   (5) The Department of Corrections and Rehabilitation shall
reimburse the State Department of Health Care Services for any
disallowance that is required to be returned to the Centers for
Medicare and Medicaid Services for any litigation costs incurred due
to the implementation of this section.
   (d) (1) The state shall indemnify and hold harmless participating
entities that operate a LIHP, including all counties, and all
counties that operate in a consortium that participates as a LIHP,
against any and all losses, including, but not limited to, claims,
demands, liabilities, court costs, judgments, or obligations, due to
the implementation of this section as directed by the secretary and
the State Department of Health Care Services.
   (2) The State Department of Health Care Services may at its
discretion require a county, as a condition of participation as a
LIHP, to enroll an eligible inmate into its LIHP if the county is the
inmate's county of last legal residence.
   (3) The county LIHPs shall be held harmless by the state for any
disallowance or deferral if federal action is taken due to the
implementation of this section in accord with the state's policies,
directions, and requirements.
   (e) (1) The Department of Corrections and Rehabilitation, in
conjunction with the State Department of Health Care Services, shall
develop a process to facilitate eligibility determinations for
individuals who may be eligible for Medi-Cal or a LIHP pursuant to
this section and Section 14053.7 of the Welfare and Institutions
Code.
   (2) The Department of Corrections and Rehabilitation shall assist
inmates in completing either the Medi-Cal or LIHP application as
appropriate and shall forward that application to the State
Department of Health Care Services for processing.
   (3) Notwithstanding any other state law, and only to the extent
that federal law allows and federal financial participation is
available, for the limited purpose of implementing this section, the
department or its designee is authorized to act on behalf of an
inmate for purposes of applying for or determinations of Medi-Cal or
LIHP eligibility.
   (f) (1) Nothing in this section shall be interpreted to restrict
or limit the eligibility or alter county responsibility for payment
of any service delivered to a parolee who has been released from
detention or incarceration and now resides in a county that
participates in the LIHP. If otherwise eligible for the county's
LIHP, the LIHP shall enroll the parolee.
   (2) Notwithstanding paragraph (1), at the option of the state, for
enrolled parolees who have been released from detention or
incarceration and now reside in a county that participates in a LIHP,
the LIHP shall reimburse providers for the delivery of services
which are otherwise the responsibility of the state to provide.
Payment for these medical services, including both the state and
federal shares of reimbursement, shall be included as part of the
reimbursement process described in paragraph (1) of subdivision (c).
   (3) Enrollment of individuals in a LIHP under this subdivision
shall be subject to any enrollment limitations described in
subdivision (g) of Section 15910 of the Welfare and Institutions
Code.
   (g) The department shall be responsible to the LIHP for the
nonfederal share of any reimbursement made for the provision of acute
inpatient hospital services rendered to inmates pursuant to this
section who are eligible for and enrolled in that LIHP.
   (h) Reimbursement pursuant to this section shall be limited to
those acute inpatient hospital services for which federal financial
participation pursuant to Title XIX of the Social Security Act is
allowed.
   (i) This section shall have no force or effect if there is a final
judicial determination made by any state or federal court that is
not appealed, or by a court of appellate jurisdiction that is not
further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that limits or affects the department'
s authority to select the hospitals used to provide inpatient
hospital services to inmates.
   (j) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of acute inpatient hospital services provided to inmates
along with any related administrative costs.
   (k) Any agreements entered into under this section for Medi-Cal or
a LIHP to provide for reimbursement of acute inpatient hospital
services and administrative expenditures as described in subdivision
(c) shall not be subject to Part 2 (commencing with Section 10100) of
Division 2 of the Public Contract Code.
   (l) This section shall be implemented in a manner that is
consistent with federal Medicaid law and regulations. The Director of
the State Department of Health Care Services shall seek any federal
approvals necessary for the implementation of this section. This
section shall be implemented only when and to the extent that any
necessary federal approval is obtained, and only to the extent that
existing levels of federal financial participation are not otherwise
jeopardized.
   (m) To the extent that the Director of the State Department of
Health Care Services determines that existing levels of federal
financial participation are jeopardized, this section shall no longer
be implemented.
   (n) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the State
Department of Health Care Services may, without taking any further
regulatory action, implement this section by means of all-county
letters, provider bulletins, facility letters, or similar
instructions.
   (o) For purposes of this section, the following terms have the
following meanings:
   (1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
   (2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered, or regulated,
directly or indirectly, by the department.
   (3) During the existence of the receivership established in United
States District Court for the Northern District of California, Case
No. CO1-1351 TEH, Plata v. Schwarzenegger, references in this section
to the "secretary" shall mean the receiver appointed in that action,
who shall implement portions of this section that would otherwise be
within the secretary's responsibility.
  SEC. 29.5.  Section 5076.1 of the Penal Code is amended to read:
   5076.1.  (a) The board shall meet at each of the state prisons and
facilities under the jurisdiction of the Division of Juvenile
Facilities. Meetings shall be held at whatever times may be necessary
for a full and complete study of the cases of all inmates and wards
whose matters are considered. Other times and places of meeting may
also be designated by the board. Each commissioner of the board shall
receive his or her actual necessary traveling expenses incurred in
the performance of his or her official duties. Where the board
performs its functions by meeting en banc in either public or
executive sessions to decide matters of general policy, at least
seven members shall be present, and no action shall be valid unless
it is concurred in by a majority vote of those present.
   (b) The board may use deputy commissioners to whom it may assign
appropriate duties, including hearing cases and making decisions.
Those decisions shall be made in accordance with policies approved by
a majority of the total membership of the board.
   (c) The board may meet and transact business in panels. Each panel
shall consist of two or more persons, subject to subdivision (d) of
Section 3041. No action shall be valid unless concurred in by a
majority vote of the persons present. In the event of a tie vote, the
matter shall be referred to a randomly selected committee, comprised
of a majority of the commissioners specifically appointed to hear
adult parole matters and who are holding office at the time.
   (d) When determining whether commissioners or deputy commissioners
shall hear matters pursuant to subdivision (f) of Section 5075.1, or
any other matter submitted to the board involving wards under the
jurisdiction of the Division of Juvenile Facilities, the chair shall
take into account the degree of complexity of the issues presented by
the case. Any decision resulting in the extension of a parole
consideration date shall entitle a ward to appeal the decision to a
panel comprised of two or more commissioners, of which no more than
one may be a deputy commissioner. The panel shall consider and act
upon the appeal in accordance with rules established by the board.
   (e) Consideration of parole release for persons sentenced to life
imprisonment pursuant to subdivision (b) of Section 1168 shall be
heard by a panel of two or more commissioners or deputy
commissioners, of which only one may be a deputy commissioner. A
recommendation for recall of a sentence under subdivisions (d) and
(e) of Section 1170 shall be made by a panel, a majority of whose
commissioners are commissioners of the Board of Parole Hearings.
  SEC. 30.  Section 6024 of the Penal Code is repealed.
  SEC. 31.  Section 6024 is added to the Penal Code, to read:
   6024.  (a) Commencing July 1, 2012, there is hereby established
the Board of State and Community Corrections. The Board of State and
Community Corrections shall be an entity independent of the
Department of Corrections and Rehabilitation. As of July 1, 2012, any
references to the Board of Corrections or the Corrections Standards
Authority shall refer to the Board of State and Community
Corrections. As of that date, the Corrections Standards Authority is
abolished.
   (b) The mission of the board shall include providing statewide
leadership, coordination, and technical assistance to promote
effective state and local efforts and partnerships in California's
adult and juvenile criminal justice system, including addressing gang
problems. This mission shall reflect the principle of aligning
fiscal policy and correctional practices, including, but not limited
to prevention, intervention, suppression, supervision, and
incapacitation, to promote a justice investment strategy that fits
each county and is consistent with the integrated statewide goal of
improved public safety through cost-effective, promising, and
evidence-based strategies for managing criminal justice populations.
   (c) (1) The board shall regularly seek advice from a balanced
range of stakeholders and subject matter experts on issues pertaining
to adult corrections, juvenile justice, and gang problems relevant
to its mission. Toward this end, the board shall seek to ensure that
its efforts (1) are systematically informed by experts and
stakeholders with the most specific knowledge concerning the subject
matter, (2) include the participation of those who must implement a
board decision and are impacted by a board decision, and (3) promote
collaboration and innovative problem solving consistent with the
mission of the board. The board may create special committees, with
the authority to establish working subgroups as necessary, in
furtherance of this subdivision to carry out specified tasks and to
submit its findings and recommendations from that effort to the
board.
   (d) The board shall act as the supervisory board of the state
planning agency pursuant to federal acts. It shall annually review
and approve, or review, revise, and approve, the comprehensive state
plan for the improvement of criminal justice and delinquency and gang
prevention activities throughout the state, shall establish
priorities for the use of funds as are available pursuant to federal
acts, and shall approve the expenditure of all funds pursuant to such
plans or federal acts, provided that the approval of those
expenditures may be granted to single projects or to groups of
projects.
   (e) It is the intent of the Legislature that any statutory
authority conferred on the Corrections Standards Authority or the
previously abolished Board of Corrections shall apply to the Board of
State and Community Corrections on and after July 1, 2012, unless
expressly repealed by the act which added this section. The Board of
State and Community Corrections is the successor to the Corrections
Standards Authority, and as of July 1, 2012, is vested with all of
the authority's rights, powers, authority, and duties, unless
specifically repealed by this act.
   (f) For purposes of this chapter, "federal acts" means the federal
Omnibus Crime Control and Safe Streets Act of 1968, the federal
Juvenile Delinquency Prevention and Control Act of 1968, and any act
or acts amendatory or supplemental thereto.
  SEC. 32.  Section 6025 of the Penal Code is amended to read:
   6025.  (a) Commencing July 1, 2012, the Board of State and
Community Corrections shall be composed of 12 members, as follows:
   (1) The Chair of the Board of State and Community Corrections, who
shall be the Secretary of the Department of Corrections and
Rehabilitation.
   (2) The Director of the Division of Adult Parole Operations for
the Department of Corrections and Rehabilitation.
   (3) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of 200 or less
inmates, appointed by the Governor, subject to Senate confirmation.
   (4) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of over 200
inmates, appointed by the Governor, subject to Senate confirmation.
   (5) A county supervisor or county administrative officer. This
member shall be appointed by the Governor, subject to Senate
confirmation.
   (6) A chief probation officer from a county with a population over
200,000, appointed by the Governor, subject to Senate confirmation.
   (7) A chief probation officer from a county with a population
under 200,000, appointed by the Governor, subject to Senate
confirmation.
   (8) A judge appointed by the Judicial Council of California.
   (9) A chief of police, appointed by the Governor, subject to
Senate confirmation.
   (10) A community provider of rehabilitative treatment or services
for adult offenders, appointed by the Speaker of the Assembly.
   (11) A community provider or advocate with expertise in effective
programs, policies, and treatment of at-risk youth and juvenile
offenders, appointed by the Senate Committee on Rules.
   (12) A public member, appointed by the Governor, subject to Senate
confirmation.
   (b) The terms of the members appointed by the Governor shall
expire as follows: three on July 1, 2014, and four on July 1, 2015,
as specified by the Governor. The term of the member appointed by the
Senate Committee on Rules shall expire on July 1, 2014. The term of
the member appointed by the Speaker of the Assembly shall expire on
July 1, 2015. The term of the member appointed by the Judicial
Council shall expire on July 1, 2015. Successor members shall hold
office for terms of three years, each term to commence on the
expiration date of the predecessor. Any appointment to a vacancy that
occurs for any reason other than expiration of the term shall be for
the remainder of the unexpired term. Members are eligible for
reappointment.
   (c) The board shall select a vice chairperson from among its
members, who shall be either a chief probation officer or a sheriff.
Seven members of the board shall constitute a quorum.
   (d) When the board is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of hearing of charges and the determination of recommendations
to the Governor.
   (e) If any appointed member is not in attendance for three
meetings in any calendar year, the board shall inform the appointing
authority, which may remove that member and make a new appointment,
as provided in this section, for the remainder of the term.
  SEC. 33.  Section 6027 of the Penal Code is amended to read:
   6027.  (a) It shall be the duty of the Board of State and
Community Corrections to collect and maintain available information
and data about state and community correctional policies, practices,
capacities, and needs, including, but not limited to, prevention,
intervention, suppression, supervision, and incapacitation, as they
relate to both adult corrections, juvenile justice, and gang
problems. The board shall seek to collect and make publicly available
up-to-date data and information reflecting the impact of state and
community correctional, juvenile justice, and gang-related policies
and practices enacted in the state, as was well as information and
data concerning promising and evidence-based practices from other
jurisdictions.
   (b) Consistent with subdivision (c) of Section 6024, the board
shall also:
   (1) Develop recommendations for the improvement of criminal
justice and delinquency and gang prevention activity throughout the
state.
   (2) Identify, promote, and provide technical assistance relating
to evidence-based programs, practices, and innovative projects
consistent with the mission of the board.
   (3) Receive and disburse federal funds, and perform all necessary
and appropriate services in the performance of its duties as
established by federal acts.
   (4) Develop comprehensive, unified, and orderly procedures to
ensure that applications for grants are processed fairly,
efficiently, and in a manner consistent with the mission of the
board.
   (5) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal
justice and delinquency prevention.
   (6) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
   (7) Identify and evaluate state, local, and federal gang and youth
violence suppression, intervention, and prevention programs and
strategies, along with funding for those efforts. The board shall
assess and make recommendations for the coordination of the state's
programs, strategies, and funding that address gang and youth
violence in a manner that maximizes the effectiveness and
coordination of those programs, strategies, and resources. The board
shall communicate with local agencies and programs in an effort to
promote the best practices for addressing gang and youth violence
through suppression, intervention, and prevention.
   (8) The board shall collect from each county the plan submitted
pursuant to Section 1230.1 within two months of adoption by the
county boards of supervisors. Commencing January 1, 2013, and
annually thereafter, the board shall collect and analyze available
data regarding the implementation of the local plans and other
outcome-based measures, as defined by the board in consultation with
the Administrative Office of the Courts, the Chief Probation Officers
of California, and the California State Sheriffs Association. By
July 1, 2013, and annually thereafter, the board shall provide to the
Governor and the Legislature a report on the implementation of the
plans described above.
   (c) The board may do either of the following:
   (1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
   (2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.
  SEC. 34.  Section 6030 of the Penal Code is amended to read:
   6030.  (a) The Board of State and Community Corrections shall
establish minimum standards for local correctional facilities. The
standards for state correctional facilities shall be established by
January 1, 2007. The board shall review those standards biennially
and make any appropriate revisions.
   (b) The standards shall include, but not be limited to, the
following: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in state and local correctional facilities, and personnel
training.
   (c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
   (d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
   (e) The standards shall require that inmates who are received by
the facility while they are pregnant are provided all of the
following:
   (1) A balanced, nutritious diet approved by a doctor.
   (2) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
   (3) Information pertaining to childbirth education and infant
care.
   (4) A dental cleaning while in a state facility.
   (f) The standards shall provide that at no time shall a woman who
is in labor be shackled by the wrists, ankles, or both including
during transport to a hospital, during delivery, and while in
recovery after giving birth, except as provided in Section 5007.7.
   (g) In establishing minimum standards, the authority shall seek
the advice of the following:
   (1) For health and sanitary conditions:
   The State Department of Health Services, physicians,
psychiatrists, local public health officials, and other interested
persons.
   (2) For fire and life safety:
   The State Fire Marshal, local fire officials, and other interested
persons.
   (3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
   The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
   (4) For personnel training:
   The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
   (5) For female inmates and pregnant inmates in local adult and
juvenile facilities:
   The California State Sheriffs' Association and Chief Probation
Officers' Association of California, and other interested persons.
  SEC. 35.  Section 6051 of the Penal Code is repealed.
  SEC. 36.  Section 6126 of the Penal Code is amended to read:
   6126.  (a)  The Inspector General shall be responsible for
contemporaneous oversight of internal affairs investigations and the
disciplinary process of the Department of Corrections and
Rehabilitation, pursuant to Section 6133 under policies to be
developed by the Inspector General.
    (b) When requested by the Governor, the Senate Committee on
Rules, or the Speaker of the Assembly, the Inspector General shall
review policies, practices, and procedures of the department. The
Inspector General, under policies developed by the Inspector General,
may recommend that the Governor, the Senate Committee on Rules, or
the Speaker of the Assembly request a review of a specific
departmental policy, practice, or procedure which raises a
significant
correctional issue relevant to the effectiveness of the department.
When exigent circumstances of unsafe or life threatening situations
arise involving inmates, wards, parolees, or staff, the Inspector
General may, by whatever means is most expeditious, notify the
Governor, Senate Committee on Rules, or the Speaker of the Assembly.
    (c) Upon completion of a review, the Inspector General shall
provide a response to the requester.
    (d) The Inspector General shall, during the course of a review,
identify areas of full and partial compliance, or noncompliance, with
departmental policies and procedures, specify deficiencies in the
completion and documentation of processes, and recommend corrective
actions, including, but not limited to, additional training,
additional policies, or changes in policy, as well as any other
findings or recommendations that the Inspector General deems
appropriate.
    (e) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
   (f) The Inspector General shall conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.
    (g) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the Office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
  SEC. 37.  Section 6126.1 of the Penal Code is repealed.
  SEC. 38.  Section 6126.2 of the Penal Code is amended to read:
   6126.2.  The Inspector General shall not hire any person known to
be directly or indirectly involved in an open internal affairs
investigation being conducted by any federal, state, or local law
enforcement agency or the Office of the Inspector General.
  SEC. 39.  Section 6126.3 of the Penal Code is amended to read:
   6126.3.  (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed review within three years
after a report is released.
   (b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
   (c) The following books, papers, records, and correspondence of
the Office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure or
Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of
Title 2 of the Government Code in any manner:
   (1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(a) or (b) of Section 6131, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
   (2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any review that has
not been completed.
   (3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
   (4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
   (5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to contemporaneous
public oversight pursuant to Section 6133.
  SEC. 40.  Section 6126.4 of the Penal Code is amended to read:
   6126.4.  It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public. This prohibition is also applicable
to any person who has been furnished a draft copy of any report for
comment or review or any person or business entity that is
contracting with or has contracted with the Inspector General and to
the employees and former employees of that person or business entity
or the employees of any state agency or public entity that has
assisted the Inspector General in connection with duties authorized
by this chapter.
  SEC. 41.  Section 6126.5 of the Penal Code is amended to read:
   6126.5.  (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property
of the Department of Corrections and Rehabilitation in connection
with duties authorized by this chapter. Any officer or employee of
any agency or entity having these records or property in his or her
possession or under his or her control shall permit access to, and
examination and reproduction thereof consistent with the provisions
of this section, upon the request of the Inspector General or his or
her authorized representative.
   (b) In connection with duties authorized by this chapter, the
Inspector General or his or her authorized representative shall have
access to the records and property of any public or private entity or
person subject to review or regulation by the public agency or
public entity to the same extent that employees or officers of that
agency or public entity have access. No provision of law or any
memorandum of understanding or any other agreement entered into
between the employing entity and the employee or the employee's
representative providing for the confidentiality or privilege of any
records or property shall prevent disclosure pursuant to subdivision
(a). Access, examination, and reproduction consistent with the
provisions of this section shall not result in the waiver of any
confidentiality or privilege regarding any records or property.
   (c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
   (d) The Inspector General may require any employee of the
Department of Corrections and Rehabilitation to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of
Section 3309.5 of the Government Code as if the Inspector General
were the employer, except that the Inspector General shall not be
subject to the provisions of any memorandum of understanding or other
agreement entered into between the employing entity and the employee
or the employee's representative that is in conflict with, or adds
to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.
  SEC. 42.  Section 6127.1 of the Penal Code is amended to read:
   6127.1.  The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any duties authorized by this chapter. The Inspector
General shall have authority to hire or retain counsel to provide
confidential advice. If the Attorney General has a conflict of
interest in representing the Inspector General in any litigation, the
Inspector General shall have authority to hire or retain counsel to
represent the Inspector General.
  SEC. 43.  Section 6127.3 of the Penal Code is amended to read:
   6127.3.  (a) In connection with duties authorized pursuant to this
chapter, the Office of the Inspector General may do any of the
following:
   (1) Administer oaths.
   (2) Certify to all official acts.
   (3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any interview
conducted pursuant to duties authorized by this chapter.
   (b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the office. The person serving this process may
receive compensation as is allowed by the office, not to exceed the
fees prescribed by law for similar service.
  SEC. 44.  Section 6127.4 of the Penal Code is amended to read:
   6127.4.  (a) The superior court in the county in which any
interview is held under the direction of the Inspector General, or
his or her designee, pursuant to duties authorized by this chapter
has jurisdiction to compel the attendance of witnesses, the making of
oral or written sworn statements, and the production of papers,
books, accounts, and documents, as required by any subpoena issued by
the office.
   (b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General, or his or her
designee, may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena. The
petition shall set forth all of the following:
   (1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
   (2) That the person has been subpoenaed in the manner prescribed
in this chapter.
   (3) That the person has failed and refused to attend or produce
the papers required by subpoena before the office as named in the
subpoena, or has refused to answer questions propounded to him or her
in the course of the interview under penalty of perjury.
   (c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General, or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.
  SEC. 45.  Section 6128 of the Penal Code is amended to read:
   6128.  (a) The Office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (c) of Section 8547.2 of the
Government Code. It is not the purpose of these communications to
redress any single disciplinary action or grievance that may
routinely occur.
   (b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public. When
requested pursuant to Section 6126, the Inspector General shall
initiate a review of any alleged improper governmental activity.
   (c) All identifying information, and any personal papers or
correspondence from any person who initiated the review shall not be
disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
  SEC. 46.  Section 6129 of the Penal Code is amended to read:
   6129.  (a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
   (2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
   (A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
   (B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
   (C) Has refused to obey an illegal order or directive.
   (b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General shall commence an inquiry into
the complaint and conduct a formal review where a legally cognizable
cause of action is presented. All reviews conducted pursuant to this
section shall be performed in accordance with Sections 6126.5 and
6127.3. The Inspector General may refer all other matters for
investigation by the appropriate employing entity, subject to
oversight by the Inspector General. In a case in which the employing
entity declines to investigate the complaint, it shall, within 30
days of receipt of the referral by the Inspector General, notify the
Inspector General of its decision. The Inspector General shall
thereafter, conduct his or her own inquiry into the complaint. If,
after reviewing the complaint, the Inspector General determines that
a legally cognizable cause of action has not been presented by the
complaint, the Inspector General shall thereafter notify the
complaining employee and the State Personnel Board that a formal
review is not warranted.
   (2) When reviewing a complaint, in determining whether retaliation
has occurred, the Inspector General or the employing entity shall
consider, among other things, whether any of the following either
actually occurred or were threatened:
   (A) Unwarranted or unjustified staff changes.
   (B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
   (C) Unwarranted or unjustified formal or informal investigations.
   (D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
   (E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
   (3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's review or the employing entity'
s investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity. An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
   (A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
report to the State Personnel Board, or until the complaint is
rejected or otherwise dismissed by the Inspector General or the
employing entity.
   (B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
   (c) (1) In a case in which the Inspector General determines, as a
result of his or her own review, that an employee has been subjected
to acts of reprisal, retaliation, threats, or similar acts in
violation of this section, the Inspector General shall provide a copy
of the report, together with all other underlying materials the
Inspector General determines to be relevant, to the appropriate
director or chair who shall take appropriate corrective action. In a
case in which the Inspector General determines, based on an
independent review of the investigation conducted by the employing
entity, that an employee has been subjected to acts of reprisal,
retaliation, threats, or similar acts in violation of this section,
the Inspector General shall submit a written recommendation to the
appropriate director or chair who shall take appropriate corrective
action. If the hiring authority initiates disciplinary action as
defined in Section 19570 of the Government Code, it shall provide the
subject with all materials required by law.
   (2) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code. The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted. In that case, the employing entity shall,
within 30 days of receipt of the report, provide written
justification for that decision to the Inspector General. The
employing entity shall also, within 30 days of receipt of the written
report, notify the Inspector General in writing as to what steps, if
any, it has taken to remedy the retaliatory conduct found to have
been committed by any of its employees.
   (d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the report from the Inspector General,
and shall notify the Inspector General of the specific reasons why
the director or chair declined to invoke adverse action proceedings
against the employee.
   (2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the report, together with all other underlying materials the
Inspector General deems to be relevant, to the State Personnel Board
so that the complaining employee can request leave to file charges
against the employee found to have engaged in acts of reprisal,
retaliation, threats, or similar acts, in accordance with the
provisions of Section 19583.5 of the Government Code. If the State
Personnel Board accepts the complaint, the board shall provide the
charged and complaining parties with a copy of all relevant
materials.
   (3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
   (e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
  SEC. 47.  Section 6131 of the Penal Code is amended to read:
   6131.  (a) Upon the completion of any review conducted by the
Inspector General, he or she shall prepare a public written report.
The public written report shall differ from the complete written
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. Copies of public written reports
shall be posted on the Inspector General's Internet Web site within
10 days of being disclosed to the entities or persons listed in
subdivision (b).
   (b) Upon the completion of any review conducted by the Inspector
General, he or she shall prepare a complete written report, which
shall be held as confidential and disclosed in confidence, along with
all underlying materials the Inspector General deems appropriate, to
the Governor, the Secretary of the Department of Corrections and
Rehabilitation, and the appropriate law enforcement agency.
   (c) Upon the completion of any review conducted by the Inspector
General, he or she shall also prepare and issue on a quarterly basis
a public report that includes all reviews completed in the previous
quarter. The public report shall differ from the complete report in
the respect that the Inspector General shall have the discretion to
redact or otherwise protect the names of individuals, specific
locations, or other facts that, if not redacted, might hinder
prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. In a case where allegations were
deemed to be unfounded, all applicable identifying information shall
be redacted. The public report shall be made available to the public
upon request and on a quarterly basis as follows:
   (1) In those cases where a review is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order. The Inspector General shall attach the order to
the public report on his or her Internet Web site and provide copies
of the report and order to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
review.
   (2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public report on his or her Internet
Web site and provide copies of the report to the Legislature, as well
as to any complaining employee and any employee who was the subject
of the review.
   (3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public report on his or her
Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the review.
   (4) In those cases where a review has been referred for possible
criminal prosecution, and the applicable local law enforcement agency
or the Attorney General has decided to commence criminal proceedings
against an employee, the report shall be made public at a time
deemed appropriate by the Inspector General after consultation with
the local law enforcement agency or the Attorney General, but in all
cases no later than when discovery has been provided to the
                                         defendant in the criminal
proceedings. The Inspector General shall thereafter post the public
report on his or her Internet Web site and provide copies of the
report to the Legislature, as well as to any complaining employee and
any employee who was the subject of the review.
   (5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public report on his or her Internet Web site and
provide copies of the report to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
review.
   (6) In those cases where a review has not been referred for
disciplinary action, other administrative proceedings, or criminal
prosecution, the Inspector General shall include the decision not to
refer the matter in the public report on his or her Internet Web site
and provide copies of the report to the Legislature, as well as to
any complaining employee and any employee who was the subject of the
review.
  SEC. 48.  Section 6132 of the Penal Code is amended to read:
   6132.  (a) Notwithstanding Section 10231.5 of the Government Code,
the Inspector General shall report annually to the Governor and the
Legislature a summary of its reports. The summary shall be posted on
the office's Internet Web site and otherwise made available to the
public upon its release to the Governor and the Legislature. The
summary shall include, but not be limited to, significant problems
discovered by the office, and whether recommendations the office has
made have been implemented.
   (b) A report pursuant to subdivision (a) shall be submitted in
compliance with Section 9795 of the Government Code.
  SEC. 49.  The heading of Title 4.5 (commencing with Section 13600)
of Part 4 of the Penal Code is amended to read:

      TITLE 4.5.  COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS
AND TRAINING


  SEC. 50.  Section 13600 of the Penal Code is repealed.
  SEC. 51.  Section 13600 is added to the Penal Code, to read:
   13600.  (a) (1) The Legislature finds and declares that peace
officers of the state correctional system, including youth and adult
correctional facilities, fulfill responsibilities that require
creation and application of sound selection criteria for applicants
and standards for their training prior to assuming their duties. For
the purposes of this section, correctional peace officers are peace
officers as defined in Section 830.5 and employed or designated by
the Department of Corrections and Rehabilitation.
   (2) The Legislature further finds that sound applicant selection
and training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs.
   (b) There is within the Department of Corrections and
Rehabilitation a Commission on Correctional Peace Officer Standards
and Training, hereafter referred to, for purposes of this title, as
the CPOST.
   (c) (1) The executive board of the CPOST shall be composed of six
voting members.
   (A) Three members from, appointed by, and representing the
management of, the Department of Corrections and Rehabilitation, one
of whom shall represent the Division of Juvenile Justice.
   (B) Three members from, and appointed by the Governor upon
recommendation by, and representing the membership of, the California
Correctional Peace Officers' Association. Two members shall be rank
and file persons from State Bargaining Unit 6 and one member shall be
supervisory.
   (C) Appointments shall be for four years.
   (D) Promotion of a member of the CPOST shall invalidate the
appointment of that member and shall require the recommendation and
appointment of a new member if the member was appointed from rank and
file or from supervisory personnel and promoted out of his or her
respective rank and file or supervisory position during his or her
term on the CPOST.
   (2) Each appointing authority shall appoint one alternate member
for each regular member who it appoints pursuant to paragraph (1).
Every alternate member shall possess the same qualifications as the
regular member and shall substitute for, and vote in place of, the
regular member whenever he or she is absent.
   (d) The rules for voting on the executive board of the CPOST shall
be as follows:
   (1) Decisions shall be made by a majority vote.
   (2) Proxy voting shall not be permitted.
   (3) Tentative approval of a decision by the CPOST may be taken by
a telephone vote. The CPOST members' decision shall be documented in
writing and submitted to the CPOST for confirmation at the next
scheduled CPOST meeting so as to become a part of the permanent
record.
   (e) The executive board of the CPOST shall adopt rules as it deems
necessary for efficient operations, including, but not limited to,
the appointment of advisory members for forming whatever committee it
deems necessary to conduct its business. These rules shall be in
conformance with the State Personnel Board rules and regulations, the
Department of Personnel Administration rules and regulations, and
the provisions of the State Bargaining Unit 6 memorandum of
understanding.
   (f) The CPOST shall appoint an executive director.
  SEC. 52.  Section 13601 of the Penal Code is amended to read:
   13601.  (a) The CPOST shall develop, approve, and monitor
standards for the selection and training of state correctional peace
officer apprentices. Any standard for selection established under
this subdivision shall be subject to approval by the State Personnel
Board. Using the psychological and screening standards established by
the State Personnel Board, the State Personnel Board or the
Department of Corrections and Rehabilitation shall ensure that, prior
to training, each applicant who has otherwise qualified in all
physical and other testing requirements to be a peace officer in
either a youth or adult correctional facility, is determined to be
free from emotional or mental conditions that might adversely affect
the exercise of his or her duties and powers as a peace officer.
   (b) The CPOST may approve standards for a course in the carrying
and use of firearms for correctional peace officers that is different
from that prescribed pursuant to Section 832. The standards shall
take into consideration the different circumstances presented within
the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
   (c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
   (d) The CPOST shall develop, approve, and monitor standards for
advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
   (e) The CPOST shall develop, approve, and monitor standards for
the training of state correctional peace officers in the department
in the handling of stress associated with their duties.
   (f) Toward the accomplishment of the objectives of this act, the
CPOST may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
   (g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall monitor
program compliance by the department.
   (h) The CPOST may disapprove any training courses created by the
department pursuant to the standards developed by CPOST if it
determines that the courses do not meet the prescribed standards.
   (i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
   (j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST rules,
regulations, standards, or decisions.
  SEC. 53.  Section 13602 of the Penal Code is amended to read:
   13602.  (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
   (b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST for
that position.
   (c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
  SEC. 54.  Section 13603 of the Penal Code is amended to read:
   13603.  (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
   (b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the CPOST on how to
implement the on-the-job training requirements of this subdivision,
the department shall provide a total of 16 weeks of training to each
correctional peace officer cadet as follows:
   (1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
   (2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
   (c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
   (d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the CPOST pursuant to Section 13602.
  SEC. 55.  Section 13800 of the Penal Code is amended to read:
   13800.  Unless otherwise required by context, as used in this
title, on and after January 1, 2012:
   (a) "Agency" means the Board of State and Community Corrections.
   (b) "Board" means the Board of State and Community Corrections.
   (c) "Federal acts" means the federal Omnibus Crime Control and
Safe Streets Act of 1968, the federal Juvenile Delinquency Prevention
and Control Act of 1968, and any act or acts amendatory or
supplemental thereto.
   (d) "Local boards" means local criminal justice planning boards.
   (e) "Executive Director" means the Executive Director of the Board
of State and Community Corrections.
  SEC. 55.5.  Section 13801 of the Penal Code is amended to read:
   13801.  Nothing in this title shall be construed as authorizing
the board, or the local boards to undertake direct operational
criminal justice responsibilities.
  SEC. 56.  Section 13810 of the Penal Code is repealed.
  SEC. 57.  Section 13811 of the Penal Code is repealed.
  SEC. 58.  Section 13812 of the Penal Code is amended to read:
   13812.  The Advisory Committee on Juvenile Justice and Delinquency
Prevention appointed by the Governor pursuant to federal law may be
reimbursed by the agency or agencies designated by the Director of
Finance pursuant to Section 13820 for expenses necessarily incurred
by the members. Staff support for the committee will be provided by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820.
  SEC. 59.  Section 13813 of the Penal Code is repealed.
  SEC. 60.  Section 13820 of the Penal Code is amended to read:
   13820.  (a) The Office of Criminal Justice Planning is hereby
abolished. The duties and obligations of that office, and all powers
and authority formerly exercised by that office, shall be transferred
to and assumed by the California Emergency Management Agency, with
the exception of the duties described in Section 6024, which shall be
assumed by the Board of State and Community Corrections.
   (b) Except for this section, the phrase "Office of Criminal
Justice Planning" or any reference to that phrase in this code shall
be construed to mean or refer to the agency. Any reference to the
executive director of the Office of Criminal Justice Planning in this
code shall be construed to mean the secretary.
  SEC. 61.  Section 13823 of the Penal Code is repealed.
  SEC. 62.  Section 13826.1 of the Penal Code is amended to read:
   13826.1.  (a) There is hereby established in the Board of State
and Community Corrections, the Gang Violence Suppression Program, a
program of financial and technical assistance for district attorneys'
offices, local law enforcement agencies, county probation
departments, school districts, county offices of education, or any
consortium thereof, and community-based organizations which are
primarily engaged in the suppression of gang violence. All funds
appropriated to the board for the purposes of this chapter shall be
administered and disbursed by the board consistent with the purposes
and mission of the board, and shall to the greatest extent feasible
be coordinated or consolidated with federal funds that may be made
available for these purposes.
   (b) The board is authorized to allocate and award funds to cities,
counties, school districts, county offices of education, or any
consortium thereof, and community-based organizations in which gang
violence suppression programs are established in substantial
compliance with the policies and criteria set forth in this chapter.
   (c) The allocation and award of funds shall be made on the
application of the district attorney, chief law enforcement officer,
or chief probation officer of the applicant unit of government and
approved by the legislative body, on the application of school
districts, county offices of education, or any consortium thereof, or
on the application of the chief executive of a community-based
organization. All programs funded pursuant to this chapter shall work
cooperatively to ensure the highest quality provision of services
and to reduce unnecessary duplication. Funds disbursed under this
chapter shall not supplant local funds that would, in the absence of
the Gang Violence Suppression Program, be made available to support
the activities set forth in this chapter. Funds awarded under this
program as local assistance grants shall not be subject to review as
specified in Section 10295 of the Public Contract Code.
   (d) The board shall prepare and issue written program and
administrative guidelines and procedures for the Gang Violence
Suppression Program, consistent with this chapter. These guidelines
shall set forth the terms and conditions upon which the board is
prepared to offer grants of funds pursuant to statutory authority.
The guidelines do not constitute rules, regulations, orders, or
standards of general application.
   (e) Annually, commencing November 1, 1984, the board shall prepare
a report to the Legislature describing in detail the operation of
the statewide program and the results obtained by district attorneys'
offices, local law enforcement agencies, county probation
departments, school districts, county offices of education, or any
consortium thereof, and community-based organizations receiving funds
under this chapter and under comparable federally financed awards.
   (f) Criteria for selection of district attorneys' offices, local
law enforcement agencies, county probation departments, school
districts, county offices of education, or any consortium thereof,
and community-based organizations to receive gang violence
suppression funding shall be developed in consultation with the Gang
Violence Suppression Advisory Committee whose members shall be
appointed by the executive director of the board, unless otherwise
designated.
   (g) (1) The Gang Violence Suppression Advisory Committee shall be
composed of five district attorneys; two chief probation officers;
two representatives of community-based organizations; three attorneys
primarily engaged in the practice of juvenile criminal defense;
three law enforcement officials with expertise in gang-related
investigations; one member from the California Youth Authority Gang
Task Force nominated by the Director of the California Youth
Authority; one member of the Department of Corrections Law
Enforcement Liaison Unit nominated by the Director of the Department
of Corrections and Rehabilitation; one member from the Department of
Justice nominated by the Attorney General; the Superintendent of
Public Instruction, or his or her designee; one member of the
California School Boards Association; and one representative of a
school program specializing in the education of the target population
identified in this chapter.
   (2) Five members of the Gang Violence Suppression Advisory
Committee appointed by the executive director shall be from rural or
predominately suburban counties and shall be designated by the
secretary as comprising the Rural Gang Task Force Subcommittee.
   (3) The Rural Gang Task Force Subcommittee, in coordination with
the Gang Violence Suppression Advisory Committee and the board, shall
review the Gang Violence Suppression Program participation
requirements and recommend changes in the requirements which
recognize the unique conditions and constraints that exist in small
rural jurisdictions and enhance the ability of small rural
jurisdictions to participate in the Gang Violence Suppression
Program.
   (h) The executive director shall designate a staff member in the
Gang Violence Suppression Program to act as the Rural Gang Prevention
Coordinator and to provide technical assistance and outreach to
rural jurisdictions with emerging gang activities. It is the intent
of the Legislature that compliance with this subdivision not
necessitate an additional staff person.
  SEC. 63.  Section 13826.15 of the Penal Code is amended to read:
   13826.15.  (a) (1) The Legislature hereby finds and declares that
the implementation of the Gang Violence Suppression Program, as
provided in this chapter, has made a positive impact in the battle
against crimes committed by gang members in California.
   (2) The Legislature further finds and declares that the program,
when it was originally created in 1981, provided financial and
technical assistance only for district attorneys' offices. Since that
time, however, the provisions of the program have been amended by
the Legislature to enable additional public entities and
community-based organizations to participate in the program. In this
respect, the agency, pursuant to Section 13826.1, administers funding
for the program by awarding grants to worthy applicants. Therefore,
it is the intent of the Legislature in enacting this measure to
assist the Board of State and Community Corrections in setting forth
guidelines for this funding.
   (b) The board may give priority to applicants for new grant
awards, as follows:
   (1) First priority may be given to applicants representing
unfunded single components, as specified in Sections 13826.2,
13826.4, 13826.5, 13826.6, and 13826.65, in those counties that
receive Gang Violence Suppression Program funding for some, but not
all, of the program's components. The purpose of establishing this
priority is to provide funding for a full complement of the five Gang
Violence Suppression Program components in those counties that have
less than all five components established.
   (2) Second priority may be given to those applicants that propose
a multiagency, or multijurisdictional single component project,
whereby more than one agency would be funded as a joint project under
the single components specified in Sections 13826.2, 13826.4,
13826.5, 13826.6, and 13826.65, and the funding would be provided
through a single grant award.
   (3) Third priority may be given to applicants that propose
multijurisdictional multicomponent projects, whereby all five Gang
Violence Suppression Program components, as specified in Sections
13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, would be funded in
a county that does not currently receive Gang Violence Suppression
Program funds.
   (4) Fourth priority may be given to those single agency single
component applicants, in counties wherein the program component is
not currently funded.
   (c) The board shall consider the unique needs of, and
circumstances of jurisdiction in, rural and suburban counties when
awarding new grant funds.
  SEC. 64.  Section 13826.7 of the Penal Code is amended to read:
   13826.7.  The Board of State and Community Corrections is
encouraged to utilize any federal funds that may become available for
purposes of this chapter. This chapter becomes operative only if
federal funds are made available for its implementation.
  SEC. 65.  Section 13827 of the Penal Code is repealed.
  SEC. 66.  Section 13827.1 of the Penal Code is repealed.
  SEC. 67.  Section 13827.2 of the Penal Code is repealed.
  SEC. 68.  Section 13831 of the Penal Code is repealed.
  SEC. 69.  Section 13832 of the Penal Code is repealed.
  SEC. 70.  Section 13901 of the Penal Code is amended to read:
   13901.  (a) For the purposes of coordinating local criminal
justice activities and planning for the use of state and federal
action funds made available through any grant programs, criminal
justice and delinquency prevention planning districts shall be
established.
   (b) On January 1, 1976, all planning district boundaries shall
remain as they were immediately prior to that date. Thereafter, the
number and boundaries of those planning districts may be altered from
time to time pursuant to this section; provided that no county shall
be divided into two or more districts, nor shall two or more
counties which do not comprise a contiguous area form a single
district.
   (c) Prior to taking any action to alter the boundaries of any
planning district, the council shall adopt a resolution indicating
its intention to take the action and, at least 90 days prior to the
taking of the action, shall forward a copy of the resolution to all
units of government directly affected by the proposed action.
   (d) If any county or a majority of the cities directly affected by
the proposed action objects thereto, and a copy of the resolution of
each board of supervisors or city council stating its objection is
delivered to the Secretary of Emergency Management within 30 days
following the giving of the notice of the proposed action, the
secretary shall conduct a public meeting within the boundaries of the
district as they are proposed to be determined. Notice of the time
and place of the meeting shall be given to the public and to all
units of local government directly affected by the proposed action,
and reasonable opportunity shall be given to members of the public
and representatives of those units to present their views on the
proposed action.
  SEC. 71.  Section 19204 of the Public Contract Code is amended to
read:
   19204.  (a) All judicial branch entities shall comply with the
provisions of this code that are applicable to state agencies and
departments related to the procurement of goods and services,
including information technology goods and services. All contracts
with total cost estimated at more than one million dollars
($1,000,000), except contracts covered by Section 68511.9 of the
Government Code, shall be subject to the review and recommendations
of the Bureau of State Audits to ensure compliance with this part.
All judicial branch entities shall notify the State Auditor, in
writing, of the existence of any such contracts within 10 business
days of entering the contract. In addition, all administrative and
infrastructure information technology projects of the Judicial
Council or the courts with total costs estimated at more than five
million dollars ($5,000,000) shall be subject to the reviews and
recommendations of the California Technology Agency, as specified in
Section 68511.9 of the Government Code.
   (b) Except as provided in subdivision (c), procurement and
contracting for the planning, design, construction, rehabilitation,
renovation, replacement, lease, or acquisition of court facilities
shall be conducted by judicial branch entities consistent with the
relevant provisions of this code applicable to state agencies.
   (c) Notwithstanding any other provision of law, this part does not
apply to procurement and contracting by judicial branch entities
that are related to trial court construction, including, but not
limited to, the planning, design, construction, rehabilitation,
renovation, replacement, lease, or acquisition of trial court
facilities. However, this part shall apply to contracts for
maintenance of all judicial branch facilities that are not under the
operation and management of the Department of General Services.
   (d) Only until the Judicial Council adopts the Judicial Branch
Contracting Manual required pursuant to Section 19206, judicial
branch entities shall instead be governed by applicable policies and
procedures in the State Administrative Manual and the State
Contracting Manual, or policies and procedures as otherwise required
by law to be adopted by the Department of General Services
                               applicable to state agencies.
  SEC. 72.  Section 19209 of the Public Contract Code is amended to
read:
   19209.  (a) Notwithstanding Section 10231.5 of the Government
Code, beginning in 2012, twice each year, the Judicial Council shall
provide a report to the Joint Legislative Budget Committee and the
State Auditor that provides information related to procurement of
contracts for the judicial branch. One report shall be provided no
later than February 1 of each year, covering the period from July 1
through December 31 of the prior year, and the second report shall be
provided no later than August 1 of each year, covering the period
from January 1 through June 30 of the same year.
   (b) Each of the two annual reports shall include a list of all
vendors or contractors receiving payments from any judicial branch
entities. For each vendor or contractor receiving any payment during
the reporting period, the report shall provide a separate listing for
each distinct contract between that vendor or contractor and a
judicial branch entity. For every vendor or contractor listed in the
report, including for each distinct contract for those contractors or
vendors with more than one payment during the period, the report
shall further identify the amount of payment to the contractor or
vendor, the type of service or good provided, and the judicial branch
entity or entities with which the vendor or contractor was
contracted to provide that service or good.
   (c) Each of the two annual reports shall include a list of all
contract amendments made during the report period. For each
amendment, the report shall identify the vendor or contractor, the
type of service or good provided under the contract, the nature of
the amendment, the duration of the amendment, and the cost of the
amendment.
  SEC. 73.  Section 19210 of the Public Contract Code is repealed.
  SEC. 74.  Section 19210 is added to the Public Contract Code, to
read:
   19210.  (a) Commencing not earlier than July 1, 2011, and not
later than December 15, 2012, the State Auditor shall establish a
pilot program to audit six trial courts. That entity shall select the
trial courts using the following criteria:
   (1) Two trial courts selected from counties with a population of
200,000 or less.
   (2) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
   (3) Two trial courts selected from counties with a population of
750,000 or greater.
   The audits shall assess the implementation of this part by the
judicial branch.
   (b) Based on the results of the pilot program audits described in
subdivision (a), the State Auditor shall, on or before December 15,
2013, commence an audit of the trial courts, provided that every
trial court is audited in the manner prescribed by this section at
least once every four years. The audits shall assess the
implementation of this part by the judicial branch. The audits
required by this paragraph shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
   (c) Notwithstanding Section 10231.5 of the Government Code, the
State Auditor shall compile the trial court audit findings and report
the results of these audits to the Legislature, the Judicial
Council, and the Department of Finance no later than April 1 of each
year. An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
   (d) The reasonable and necessary contracted cost of the audits
conducted pursuant to this section shall be paid from funds of the
local trial court being audited.
   (e) (1) On or before December 15, 2013, and biennially thereafter,
the State Auditor shall perform an audit of the Administrative
Office of the Courts, the Habeas Corpus Resource Center, and the
appellate courts to assess their implementation of this part.
   (2) The State Auditor shall provide a copy of the final audit
report of the Administrative Office of the Courts to the Legislature,
the Judicial Council, and the Department of Finance upon issuance.
An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
   (3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
   (f) The State Auditor shall conduct the audits required pursuant
to this section in accordance with Chapter 6.5 (commencing with
Section 8543) of Division 1 of Title 2 of the Government Code.
   (g) If the State Auditor is selected as the auditing entity
pursuant to subdivision (j) of Section 77206 of the Government Code,
then the State Auditor may combine the results of any audit of a
trial court conducted pursuant to that section with an audit of the
same trial court conducted pursuant to this section. The State
Auditor may also combine the results of an audit of the
Administrative Office of the Courts pursuant to Section 77206 of the
Government Code with the results of an audit of the Administrative
Office of the Courts pursuant to this section.
   (h) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.
  SEC. 75.  Section 731.1 of the Welfare and Institutions Code is
amended to read:
   731.1.  (a) Notwithstanding any other law, the court committing a
ward to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, upon the recommendation of the chief probation
officer of the county, may recall that commitment in the case of any
ward confined in an institution operated by the division. Upon recall
of the ward, the court shall set and convene a recall disposition
hearing for the purpose of ordering an alternative disposition for
the ward that is appropriate under all of the circumstances
prevailing in the case. The court shall provide to the division no
less than 15 days advance notice of the recall hearing date, and the
division shall transport and deliver the ward to the custody of the
probation department of the committing county no less than five days
prior to the scheduled date of the recall hearing. Pending the recall
disposition hearing, the ward shall be supervised, detained, or
housed in the manner and place, consistent with the requirements of
law, as may be directed by the court in its order of recall. The
timing and procedure of the recall disposition hearing shall be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings, as described in Article 17
(commencing with Section 675).
   (b) A court may also convene a recall disposition hearing, as
specified in subdivision (a), regarding any ward who remains under
parole supervision by the Division of Juvenile Parole Operations.
  SEC. 76.  Section 912 of the Welfare and Institutions Code is
repealed.
  SEC. 77.  Section 912 is added to the Welfare and Institutions
Code, to read:
   912.  (a) Commencing on and after January 1, 2012, counties from
which persons are committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, shall pay to the
state an annual rate of one hundred twenty-five thousand dollars
($125,000) for the time those persons remain in any institution under
the direct supervision of the division, or in any institution,
boarding home, foster home, or other private or public institution in
which they are placed by the division, on parole or otherwise, and
cared for and supported at the expense of the division, as provided
in this section. This section applies to any person committed to the
division by a court, including persons committed to the division
prior to January 1, 2012, who, on or after January 1, 2012, remain in
or return to the facilities described in this section.
   The Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, shall present to the county, not more frequently
than monthly, a claim for the amount due the state under this
section, which the county shall process and pay pursuant to Chapter 4
(commencing with Section 29700) of Division 3 of Title 3 of the
Government Code.
  SEC. 78.  Section 912.1 of the Welfare and Institutions Code is
repealed.
  SEC. 79.  Section 912.5 of the Welfare and Institutions Code is
repealed.
  SEC. 80.  Section 1766 of the Welfare and Institutions Code, as
added by Section 16 of Chapter 729 of the Statutes of 2010, is
amended to read:
   1766.  (a) Subject to Sections 733 and 1767.35, and subdivision
(b) of this section, if a person has been committed to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
the Juvenile Parole Board, according to standardized review and
appeal procedures established by the board in policy and regulation
and subject to the powers and duties enumerated in subdivision (a) of
Section 1719, may do any of the following:
   (1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the committing court pursuant to subdivision (b).
   (2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may not
be held in physical confinement for a total period of time in excess
of the maximum periods of time set forth in Section 731.
   (3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
   (b) The following provisions shall apply to any ward eligible for
discharge from his or her commitment to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
Any order entered by the court pursuant to this subdivision shall be
consistent with evidence-based practices and the interest of public
safety.
   (1) The county of commitment shall supervise the reentry of any
ward still subject to the court's jurisdiction and discharged from
the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward's supervision shall be established by the
court pursuant to the provisions of this section.
   (2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the discharge consideration hearing date.
   (3) (A) Not less than 30 days prior to the scheduled discharge
consideration hearing, the division shall notify the ward of the date
and location of the discharge consideration hearing. A ward shall
have the right to contact his or her parent or guardian, if he or she
can reasonably be located, to inform the parent or guardian of the
date and location of the discharge consideration hearing. The
division shall also allow the ward to inform other persons identified
by the ward, if they can reasonably be located, and who are
considered by the division as likely to contribute to a ward's
preparation for the discharge consideration hearing or the ward's
postrelease success.
   (B) This paragraph shall not apply if either of the following
conditions is met:
   (i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
   (ii) A person 18 years of age or older does not consent to the
contact.
   (C) Upon intake of a ward committed to a division facility, and
again upon attaining 18 years of age while serving his or her
commitment in the custody of the division, an appropriate staff
person shall explain the provisions of subparagraphs (A) and (B),
using language clearly understandable to the ward.
   (D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
   (4) Not less than 30 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the discharge consideration hearing, the Juvenile Parole
Board shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
   (5) If the Juvenile Parole Board determines that a ward is ready
for discharge to county supervision pursuant to subdivision (a), the
board shall set a date for discharge from the jurisdiction of the
Division of Juvenile Facilities no less than 14 days after the date
of such determination. The board shall also record any postrelease
recommendations for the ward. These recommendations will be sent to
the committing court responsible for setting the ward's conditions of
supervision no later than seven days from the date of such
determination.
   (6) No more than four days but no less than one day prior to the
scheduled date of the reentry disposition hearing before the
committing court, the Division of Juvenile Facilities shall transport
and deliver the ward to the custody of the probation department of
the committing county. On or prior to a ward's date of discharge from
the Division of Juvenile Facilities, the committing court shall
convene a reentry disposition hearing for the ward. The purpose of
the hearing shall be for the court to identify those conditions of
supervision that are appropriate under all the circumstances of the
case and consistent with evidence-based practices. The court shall,
to the extent it deems appropriate, incorporate postrelease
recommendations made by the board as well as any reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
   (7) The Department of Corrections and Rehabilitation shall have no
further jurisdiction over a ward who is discharged by the board.
   (8) Notwithstanding any other law or any other provision of this
section and consistent with the provisions of Section 1984,
commencing July 1, 2014, all wards who remain on parole under the
jurisdiction of the Division of Juvenile Facilities shall be
discharged and transferred to the supervision of the committing court
for the remainder of their jurisdiction.
   (c) Within 60 days of intake, the Division of Juvenile Facilities
shall provide the court and the probation department with a treatment
plan for the ward.
   (d) Commencing July 1, 2014, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
   (1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
   (2) The number of discharge consideration dates for each category
set at guideline, above guideline, and below guideline.
   (3) The number of ward case reviews resulting in a change to a
discharge consideration date, including the category assigned to the
ward and the specific reason for the change.
   (4) The percentage of wards who have had a discharge consideration
date changed to a later date, the percentage of wards who have had a
discharge consideration date changed to an earlier date, and the
average annual time added or subtracted per case.
   (5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
   (6) Any additional data or information identified by the
department as relevant.
   (e) As used in subdivision (d), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
   (f) This section shall become operative on July 1, 2014.
  SEC. 81.  Section 1766.01 of the Welfare and Institutions Code is
amended to read:
   1766.01.  (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
   (b) Subject to Sections 733 and 1767.36, and subdivision (c) of
this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Juvenile Parole Board, according to standardized review and appeal
procedures established by the board in policy and regulation and
subject to the powers and duties enumerated in subdivision (b) of
Section 1719.5, may do any of the following:
   (1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the committing court pursuant to subdivision (c).
   (2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may not
be held in physical confinement for a total period of time in excess
of the maximum periods of time set forth in Section 731.
   (3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
   (c) The following provisions shall apply to any ward eligible for
discharge from his or her commitment to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
Any order entered by the court pursuant to this subdivision shall be
consistent with evidence-based practices and the interest of public
safety.
   (1) The county of commitment shall supervise the reentry of any
ward still subject to the court's jurisdiction and discharged from
the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward's supervision shall be established by the
court pursuant to the provisions of this section.
   (2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the discharge consideration hearing date.
   (3) (A) Not less than 30 days prior to the scheduled discharge
consideration hearing, the division shall notify the ward of the date
and location of the discharge consideration hearing. A ward shall
have the right to contact his or her parent or guardian, if he or she
can reasonably be located, to inform the parent or guardian of the
date and location of the discharge consideration hearing. The
division shall also allow the ward to inform other persons who are
identified by the ward, if they can reasonably be located, and who
are considered by the division as likely to contribute to a ward's
preparation for the discharge consideration hearing or the ward's
postrelease success.
   (B) This paragraph shall not apply if either of the following
conditions is met:
   (i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
   (ii) A person 18 years of age or older does not consent to the
contact.
   (C) Upon intake of a ward committed to a division facility, and
again upon attaining 18 years of age while serving his or her
commitment in the custody of the division, an appropriate staff
person shall explain the provisions of subparagraphs (A) and (B),
using language clearly understandable to the ward.
   (D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
   (4) Not less than 30 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the discharge consideration hearing, the Juvenile Parole
Board shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
   (5) If the Juvenile Parole Board determines that a ward is ready
for discharge to county supervision pursuant to subdivision (b), the
board shall set a date for discharge from the jurisdiction of the
Division of Juvenile Facilities no less than 14 days after the date
of that determination. The board shall also record any postrelease
recommendations for the ward. These recommendations will be sent to
the committing court responsible for setting the ward's conditions of
supervision no later than seven days from the date of that
determination.
   (6) No more than four days but no less than one day prior to the
scheduled date of the reentry disposition hearing before the
committing court, the Division of Juvenile Facilities shall transport
and deliver the ward to the custody of the probation department of
the committing county. On or prior to a ward's date of discharge from
the Division of Juvenile Facilities, the committing court shall
convene a reentry disposition hearing for the ward. The purpose of
the hearing shall be for the court to identify those conditions of
supervision that are appropriate under all the circumstances of the
case and consistent with evidence-based practices. The court shall,
to the extent it deems appropriate, incorporate postrelease
recommendations made by the board as well as any reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
   (7) The Department of Corrections and Rehabilitation shall have no
further jurisdiction over a ward who is discharged by the board.
   (d) Within 60 days of intake, the Division of Juvenile Facilities
shall provide the court and the probation department with a treatment
plan for the ward.
   (e) Commencing July 1, 2011, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
   (1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
   (2) The number of discharge consideration dates for each category
set at guideline, above guideline, and below guideline.
   (3) The number of ward case reviews resulting in a change to a
discharge consideration date, including the category assigned to the
ward and the specific reason for the change.
   (4) The percentage of wards who have had a discharge consideration
date changed to a later date, the percentage of wards who have had a
discharge consideration date changed to an earlier date, and the
average annual time added or subtracted per case.
   (5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
   (6) Any additional data or information identified by the
department as relevant.
   (f) As used in subdivision (e), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
   (g) This section applies only to a ward who is discharged from
state jurisdiction to the jurisdiction of the committing court on or
after the operative date of this section.
   (h) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 81.5.  Section 1951 of the Welfare and Institutions Code is
amended to read:
   1951.  (a) There is hereby established the Youthful Offender Block
Grant Fund.
   (b) Allocations from the Youthful Offender Block Grant Fund shall
be used to enhance the capacity of county probation, mental health,
drug and alcohol, and other county departments to provide appropriate
rehabilitative and supervision services to youthful offenders
subject to Sections 731.1, 733, 1766, and 1767.35. Counties, in
expending the Youthful Offender Block Grant allocation, shall provide
all necessary services related to the custody and parole of the
offenders.
   (c) The county of commitment is relieved of obligation for any
payment to the state pursuant to Section 912 for each offender who is
not committed to the custody of the state solely pursuant to
subdivision (c) of Section 733, and for each offender who is
supervised by the county of commitment pursuant to subdivision (b) of
Section 1766 or subdivision (b) of Section 1767.35.
  SEC. 82.  Section 14053.7 of the Welfare and Institutions Code is
amended to read:
   14053.7.  (a) Notwithstanding any other provision of law, and only
to the extent that federal financial participation is available, the
department may provide Medi-Cal eligibility and reimbursement for
acute inpatient hospital services available under this chapter in
accordance with Section 5072 of the Penal Code.
   (b) The department may disenroll inmates made eligible for
services under this section or in accordance with Section 5072 of the
Penal Code from Medi-Cal managed care health plans, and may exempt
inmates from enrollment into new or existing plans.
   (c) Except as provided for in paragraph (2) of subdivision (e),
the Department of Corrections and Rehabilitation shall be responsible
for                                          the nonfederal share of
any reimbursement made for the provision of acute inpatient hospital
services rendered to inmates who are eligible for and enrolled in a
LIHP and receive services pursuant to this section and Section 5072
of the Penal Code.
   (d) (1) Notwithstanding any other provision of law, including
Section 11050, the department, as the single state agency, may make
eligibility determinations and redeterminations for inmates in accord
with this section and Section 5072 of the Penal Code.
   (2) The department may enroll and disenroll inmates eligible for
acute inpatient hospital services under this section or in accord
with Section 5072 of the Penal Code in Medi-Cal or in the LIHP in
which the inmate's county of last legal residence participates.
   (e) (1) In accordance with the requirements and conditions set
forth under this section and Section 5072 of the Penal Code, the
county may seek from the Medi-Cal program or from the responsible
LIHP in which the county participates, reimbursement for the
provision of inpatient hospital services to adults involuntarily
detained or incarcerated in county facilities.
   (2) (A) To the extent that a county seeks reimbursement for the
provision of acute inpatient hospital services to adults who are
involuntarily detained or incarcerated in county facilities and who
are otherwise eligible for Medi-Cal pursuant to Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9, the county shall be
responsible for the nonfederal share of the reimbursement.
   (B) To the extent that a county seeks reimbursement for the
provision of acute inpatient hospital services to adults who are
involuntarily detained or incarcerated in county facilities and who
are otherwise eligible for and enrolled in the LIHP in which the
county participates, the LIHP shall be responsible for the nonfederal
share of the reimbursement.
   (f) Reimbursement pursuant to this section shall be limited to
only those services for which federal financial participation
pursuant to Title XIX of the federal Social Security Act is allowed.
   (g) This section shall be implemented only if and to the extent
that existing levels of federal financial participation are not
otherwise jeopardized. To the extent that the department determines
that existing levels of federal financial participation are
jeopardized, this section shall no longer be implemented.
   (h) The department shall seek any necessary federal approvals for
the implementation of this section. This section shall be implemented
only if and to the extent that any necessary federal approvals are
obtained.
   (i) This section shall have no force or effect if there is a final
judicial determination made by any state or federal court that is
not appealed, or by a court of appellate jurisdiction that is not
further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that disallows, defers, or alters the
implementation of this section or in accord with Section 5072 of the
Penal Code, including the rate methodology or payment process
established by the department that limits or affects the department's
authority to select the hospitals used to provide acute inpatient
hospital services to inmates.
   (j) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of acute inpatient hospital services provided to inmates and
any related administrative costs.
   (k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may, without taking any further regulatory action,
implement this section by means of all-county letters or similar
instructions.
   (l) For purposes of this section, the following terms have the
following meanings:
   (1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
   (2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered or regulated,
directly or indirectly, by the Department of Corrections and
Rehabilitation.
  SEC. 83.  Sections 1 to 15, inclusive, and Sections 18, 22, 62, 63,
64, 65, 67, 71, 72, 73, 74, 80, and 81 of this act shall be
operative on January 1, 2012. Sections 29.5, 30, 31, 32, 33, 34, 60,
61, 66, 68, 69, and 70 of this act shall be operative on July 1,
2012.
  SEC. 84.  Sections 75 to 79, inclusive, and Section 81.5 shall only
be operative if the Director of Finance reduces an appropriation
pursuant to subdivision (b) of Section 3.94 of the Budget Act of
2011.
  SEC. 85.  The Legislature finds and declares that, relative to
Section 47 of this act, to ensure the integrity of a criminal
prosecution related to a review, it is necessary to restrict public
access to all available information as described in that section.
  SEC. 86.  There is hereby appropriated one thousand dollars
($1,000) from the Trial Court Trust Fund to the judicial branch for
court administration.
  SEC. 87.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 88.  This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.