SB 987: Pretrial release: pretrial assessment agencies.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-06-06
Current Status:
Failed
(2024-08-15: August 15 hearing: Held in committee and under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law allows a defendant to be released under their own recognizance pending trial if a defendant files with the clerk of the court, or other person authorized to accept bail, a signed release agreement that includes various stipulations by the defendant.
The bill would, for a defendant released from custody under a courts order for pretrial supervision, prohibit a defendant from being charged a fee for pretrial supervision, maintain information obtained in pretrial supervision services apart from law enforcement and criminal justice records, and make confidential information in the course of performing pretrial supervision subject to specified exceptions, including that the court may order the disclosure of information if the information is material, exonerating on the issue of guilt, and would not otherwise be available. The bill would authorize the disclosure of information to specified entities, including to the court to determine bail, release, and conditions of release, detention, compliance with release conditions, or sentencing, and to a law enforcement agency upon a reasonable belief that the information is necessary to assist in apprehending an individual. The bill would prohibit the admissibility of this information on the issue of guilt in a criminal proceeding except when the crime was committed while on pretrial supervision or a defendant failed to appear in a criminal proceeding while on pretrial supervision, or if that information is relevant evidence that is admissible under specified standards in the California Constitution.
(2)Existing law allows a court to employ an investigative staff to make a recommendation on whether a defendant should be released on their own recognizance pending trial. Existing law requires an investigative report be prepared in all cases involving specified felonies with a recommendation on whether a defendant should be released on their own recognizance. Existing law requires the report to be submitted to the court prior to a specified hearing.
The bill would authorize an investigative report for every investigation by a court-employed investigative staff or a county pretrial agency staff from specified counties. If a report is issued, the bill would require the staff only to include information relevant to the release of a defendant and would prohibit the staff from soliciting from a defendant information regarding the circumstances of the alleged offense. offense and information likely to reveal circumstances of any potential offenses. The bill would require the report to be kept confidential, as specified.
(3)Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and agencies, a public utility, or any other entity, if needed in the course of their duties, including the courts, district attorneys, and probation and parole officers. Existing law allows the department to furnish federal-level criminal history information upon a showing, as specified, to various state and local government officers, officials, and agencies, a public utility, and any other entity. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime.
The bill would also require the Attorney General to furnish state summary criminal history information to county staff performing pretrial investigation and release services, as specified, and if needed in the course of their duties, and allow the Attorney General to furnish federal-level criminal history information to a treatment or services provider, community health worker, or case manager, as specified, with the consent of the subject of the state summary criminal history and for purposes of furthering the subjects compliance treatment needs and ability to comply with pretrial release or diversion. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
(4)Existing law requires a local criminal justice agency to furnish local summary criminal history information, as defined, to various state and local government officers, officials, and agencies, a public utility, or any entity, when the information is needed in the course of their duties. Under existing law, the disclosure of local summary criminal history information to an unauthorized person is a crime.
The bill would also require a local criminal justice agency to furnish local summary criminal history information to a county staff performing pretrial investigation and release services, as defined, and would allow a local criminal justice agency to furnish local summary criminal history information to a treatment provider or services provider, community health worker, or case manager, as specified, with the consent of the subject of the local summary criminal history and for purposes of furthering the subjects compliance with pretrial release or diversion. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
(5)Existing law defines criminal justice agencies as agencies that perform activities that relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders. Under existing law, a criminal justice agency, among other things, compiles records and data for the purpose of identifying criminal offenders and maintaining specified information pertaining to each offender, including a summary of arrests and pretrial proceedings.
The bill would include pretrial investigation and release within the definition of an activity of a criminal justice agency. By imposing a new duty on local government, the bill would create a state-mandated local program.
(6)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(7)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law allows a defendant to be released under their own recognizance pending trial if a defendant files with the clerk of the court, or other person authorized to accept bail, a signed release agreement that includes various stipulations by the defendant.
The bill would, for a defendant released from custody under a courts order for pretrial supervision, prohibit a defendant from being charged a fee for pretrial supervision, maintain information obtained in pretrial supervision services apart from law enforcement and criminal justice records, and make confidential information in the course of performing pretrial supervision subject to specified exceptions, including that the court may order the disclosure of information if the information is material, exonerating on the issue of guilt, and would not otherwise be available. The bill would authorize the disclosure of information to specified entities, including to the court to determine bail, release, and conditions of release, detention, compliance with release conditions, or sentencing, and to a law enforcement agency upon a reasonable belief that the information is necessary to assist in apprehending an individual. The bill would prohibit the admissibility of this information on the issue of guilt in a criminal proceeding except when the crime was committed while on pretrial supervision or a defendant failed to appear in a criminal proceeding while on pretrial supervision, or if that information is relevant evidence that is admissible under specified standards in the California Constitution.
(2)Existing law allows a court to employ an investigative staff to make a recommendation on whether a defendant should be released on their own recognizance pending trial. Existing law requires an investigative report be prepared in all cases involving specified felonies with a recommendation on whether a defendant should be released on their own recognizance. Existing law requires the report to be submitted to the court prior to a specified hearing.
The bill would authorize an investigative report for every investigation by a court-employed investigative staff or a county pretrial agency staff. staff from specified counties. If a report is issued, the bill would require the staff only to include information relevant to the release of a defendant and would prohibit the staff from soliciting from a defendant information regarding the circumstances of the alleged offense. The bill would require the report to be kept confidential, as specified.
(3)Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and agencies, a public utility, or any other entity, if needed in the course of their duties, including the courts, district attorneys, and probation and parole officers. Existing law allows the department to furnish federal-level criminal history information upon a showing, as specified, to various state and local government officers, officials, and agencies, a public utility, and any other entity. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime.
The bill would also require the Attorney General to furnish state summary criminal history information to county staff performing pretrial investigation and release services, as specified, and if needed in the course of their duties, and allow the Attorney General to furnish federal-level criminal history information to a treatment provider, as specified, with the consent of the subject of the state summary criminal history and for purposes of furthering the subjects compliance with pretrial release or diversion. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
(4)Existing law requires a local criminal justice agency to furnish local summary criminal history information, as defined, to various state and local government officers, officials, and agencies, a public utility, or any entity, when the information is needed in the course of their duties. Under existing law, the disclosure of local summary criminal history information to an unauthorized person is a crime.
The bill would also require a local criminal justice agency to furnish local summary criminal history information to a county staff performing pretrial investigation and release services, as defined, and would allow a local criminal justice agency to furnish local summary criminal history information to a treatment provider as specified, with the consent of the subject of the local summary criminal history and for purposes of furthering the subjects compliance with pretrial release or diversion. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
(5)Existing law defines criminal justice agencies as agencies that perform activities that relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders. Under existing law, a criminal justice agency, among other things, compiles records and data for the purpose of identifying criminal offenders and maintaining specified information pertaining to each offender, including a summary of arrests and pretrial proceedings.
The bill would include pretrial investigation and release within the definition of an activity of a criminal justice agency. By imposing a new duty on local government, the bill would create a state-mandated local program.
(6)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(7)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law allows a defendant to be released under their own recognizance pending trial if a defendant files with the clerk of the court, or other person authorized to accept bail, a signed release agreement that includes various stipulations by the defendant.
The bill would, for a defendant released from custody under a courts order for pretrial supervision, prohibit a defendant from being charged a fee for pretrial supervision, maintain information obtained in pretrial supervision services apart from law enforcement and criminal justice records, and make confidential information in the course of performing pretrial supervision subject to specified exceptions, including that the court may order the disclosure of information if the information is material, exonerating on the issue of guilt, and would not otherwise be available. The bill would authorize the disclosure of information to specified entities, including to the court to determine bail, release, and conditions of release, detention, compliance with release conditions, or sentencing, and to a law enforcement agency upon a reasonable belief that the information is necessary to assist in apprehending an individual. The bill would prohibit the admissibility of this information on the issue of guilt in a criminal proceeding except when the crime was committed while on pretrial supervision or a defendant failed to appear in a criminal proceeding while on pretrial supervision, or if that information is relevant evidence that is admissible under specified standards in the California Constitution.
(2)Existing law allows a court to employ an investigative staff to make a recommendation on whether a defendant should be released on their own recognizance pending trial. Existing law requires an investigative report be prepared in all cases involving specified felonies with a recommendation on whether a defendant should be released on their own recognizance. Existing law requires the report to be submitted to the court prior to a specified hearing.
The bill would authorize an investigative report for every investigation by a court-employed investigative staff or a county pretrial agency staff. If a report is issued, the bill would require the staff only to include information relevant to the release of a defendant and would prohibit the staff from soliciting from a defendant information regarding the circumstances of the alleged offense. The bill would require the report to be kept confidential, as specified.
(3)Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and agencies, a public utility, or any other entity, if needed in the course of their duties, including the courts, district attorneys, and probation and parole officers. Existing law allows the department to furnish federal-level criminal history information upon a showing, as specified, to various state and local government officers, officials, and agencies, a public utility, and any other entity. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime.
The bill would also require the Attorney General to furnish state summary criminal history information to county staff performing pretrial investigation and release services, as specified, and if needed in the course of their duties, and allow the Attorney General to furnish federal-level criminal history information to a treatment provider, as specified, with the consent of the subject of the state summary criminal history and for purposes of furthering the subjects compliance with pretrial release or diversion. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
(4)Existing law requires a local criminal justice agency to furnish local summary criminal history information, as defined, to various state and local government officers, officials, and agencies, a public utility, or any entity, when the information is needed in the course of their duties. Under existing law, the disclosure of local summary criminal history information to an unauthorized person is a crime.
The bill would also require a local criminal justice agency to furnish local summary criminal history information to a county staff performing pretrial investigation and release services, as defined, and would allow a local criminal justice agency to furnish local summary criminal history information to a treatment provider as specified, with the consent of the subject of the local summary criminal history and for purposes of furthering the subjects compliance with pretrial release or diversion. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
(5)Existing law defines criminal justice agencies as agencies that perform activities that relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders. Under existing law, a criminal justice agency, among other things, compiles records and data for the purpose of identifying criminal offenders and maintaining specified information pertaining to each offender, including a summary of arrests and pretrial proceedings.
The bill would include pretrial investigation and release within the definition of an activity of a criminal justice agency. By imposing a new duty on local government, the bill would create a state-mandated local program.
(6)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(7)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
It is the intent of the Legislature that this act does not prevent or exclude probation officers from work in pretrial services.
SEC. 2.Section 1318 of the Penal Code is amended to read:1318.(a)The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
(1)The defendants promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending.
(2)The defendants promise to obey all reasonable conditions imposed by the court or magistrate.
(3)The defendants promise not to depart this state without leave of the court.
(4)Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.
(5)The acknowledgment of the defendant that the defendant has been informed of the consequences and penalties applicable to violation of the conditions of release.
(b)If the court orders pretrial supervision as a condition of the defendants release from custody under subdivision (a), the following shall apply:
(1)The defendant shall not be charged any fees for pretrial supervision.
(2)Information obtained in the course of performing pretrial supervision services shall be maintained apart from other law enforcement and criminal justice records and shall be confidential, subject to the following exceptions:
(A)A written report filed with the court regarding the defendants compliance with the conditions of release shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant.
(B)The court may order the disclosure of information if there is a substantial likelihood that the information is all of the following:
(i)Material.
(ii)Exonerating on the issue of guilt in a judicial proceeding involving the individual charged or a third party.
(iii)Would not otherwise be available in such a proceeding.
(C)Without waiving the privilege under Section 1040 of the Evidence Code, information may be disclosed to the following individuals and entities to the extent necessary to carry out the purpose of the disclosure:
(i)The court to determine bail, release, and any conditions of release, detention, compliance with release conditions, or sentencing.
(ii)If the defendant poses an imminent risk of physical harm, information necessary to permit the party at risk to take appropriate protective action.
(iii)An agency or program to which the defendant has been referred as a condition of release.
(iv)A law enforcement agency upon a reasonable belief that such information is necessary to assist in apprehending an individual for whom a warrant has been issued for failure to appear or for the commission of a crime.
(v)A probation department for use in communicating the defendants compliance with the conditions of release in a presentence investigation report, or for locating the defendant if the probation department is supervising the defendant concurrently.
(vi)An individual or agency designated by the defendant upon specific written authorization of the defendant.
(vii)A public agency or bona fide research institution for purposes of conducting research related to the administration of justice. Information identifying individuals shall be provided only for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
(D)The individuals and entities that receive information under subparagraph (C) shall not disclose or disseminate that information to others, except that the individuals and entities identified in clauses (i), (ii), (iv), and (v) of subparagraph (C) may disclose or disseminate that information to others if necessary to carry out the purpose of the disclosure.
(3)Information obtained in the course of performing pretrial supervision services shall not be admissible on the issue of guilt in a criminal proceeding, except for the prosecution of a crime committed while on pretrial supervision or for failure to appear in a criminal proceeding while the defendant was on pretrial supervision, or if that information is relevant evidence that is admissible under the standards described in paragraph (2) of subdivision (f) of Section 28 of Article I of the California Constitution.
SEC. 3.Section 1318.1 of the Penal Code is amended to read:1318.1.(a)A court, with the concurrence of the board of supervisors, may employ an investigative staff or may use a county pretrial agency staff for the purpose of recommending whether a defendant should be released on their own recognizance.
(b)Whenever a court has employed an investigative staff or used a county pretrial agency staff pursuant to subdivision (a), an investigative report may be prepared. An investigative report shall be prepared in all cases involving a violent felony, as described in subdivision (c) of Section 667.5, or a felony in violation of subdivision (a) of Section 23153 of the Vehicle Code, recommending whether the defendant should be released on their own recognizance. The report shall include all of the following:
(1)Written verification of any outstanding warrants against the defendant.
(2)Written verification of any prior incidents where the defendant has failed to make a court appearance.
(3)Written verification of the criminal record of the defendant.
(4)Written verification of the residence of the defendant during the past year. year, if available.
(5)Written assessment of the strengths and needs of the defendant, including treatment and services, when available.
(c)The investigative staff or county pretrial agency staff may only include information relevant to the release of the defendant in the report. The investigative staff or county pretrial agency staff shall not solicit from the defendant any information regarding the circumstances of the alleged offense. offense or any information likely to reveal circumstances of any potential offenses.
(d)The report shall be submitted to the court for review, prior to a hearing held pursuant to Section 1319. A copy of the report shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant, unless the report is relevant evidence that is admissible under the standards described in paragraph (2) of subdivision (f) of Section 28 of Article I of the California Constitution.
(e)The salaries of the staff are a proper charge against the county.
(f)For purposes of this section, county pretrial agency staff means a local public agency, separate from county probation, that performs pretrial risk assessments or release assessments of individuals and provides the assessment information to a court in the Counties of Los Angeles and Santa Clara, and the City and County of San Francisco.
SEC. 4.Section 11105 of the Penal Code is amended to read:11105.(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may perform state and federal criminal history information checks as provided for in subdivision (u). The Department of Justice shall provide a state or federal response to the agency, officer, or official pursuant to subdivision (p).
(11)A city, county, city and county, or district, or an officer or official thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing the officers duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal-level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(27)The director of the State Department of State Hospitals, or their designee, for use related to research and evaluation studies described in Section 4046 of the Welfare and Institutions Code, and subject to the limitations described in that section.
(28)County staff performing pretrial investigation and release services under Section 1318 or 1318.1.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal-level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, the Attorney General shall furnish a copy of the data to the person to whom the data relates.
(2)A peace officer of the state other than those included in subdivision (b).
(3)An illegal dumping enforcement officer as defined in subdivision (i) of Section 830.7.
(4)A peace officer of another country.
(5)Public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)A person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)An individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on their own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on their own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal-level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal-level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)A campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)A foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(13)A services or treatment provider, community health worker, or case manager, if disclosure is requested by county staff performing pretrial investigation and release services under Sections 1318 and 1318.1, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subjects compliance treatment needs and ability to comply with court-ordered conditions of pretrial release or diversion.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the State Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 1300 of the Financial Code or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, 1203.44, or 1203.49. The Commission on Teacher Credentialing, school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with a school district, county office of education, charter school, private school, or state special school for the blind and deaf, shall receive every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49.
(B)Notwithstanding subparagraph (A) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49, shall not be disseminated.
(C)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(u)(1)If a fingerprint-based criminal history information check is required pursuant to any statute, that check shall be requested from the Department of Justice and shall be applicable to the person identified in the referencing statute. The agency or entity identified in the statute shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of the types of applicants identified in the referencing statute, for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of the state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2)If requested, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute.
(3)The Department of Justice shall provide a state- or federal-level response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute, pursuant to the identified subdivision.
(4)The agency or entity identified in the referencing statute shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2, for persons described in the referencing statute.
(5)The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the request described in this subdivision.
SEC. 5.Section 13101 of the Penal Code is amended to read:13101.As used in this chapter, criminal justice agencies are those agencies at all levels of government which perform as their principal functions, activities which either:
(a)Relate to the apprehension, pretrial investigation and release, prosecution, adjudication, incarceration, or correction of criminal offenders; or
(b)Relate to the collection, storage, dissemination or usage of criminal offender record information.
SEC. 6.Section 13300 of the Penal Code is amended to read:13300.(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(18)County staff performing pretrial investigation and release services under Section 1318 or 1318.1.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(13)A services or treatment provider provider, community health worker, or case manager, if disclosure is requested by county staff performing pretrial investigation and release services under Sections 1318 and 1318.1, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subjects compliance with court-ordered conditions of pretrial release or diversion.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may provide a public defenders office, an alternate public defenders office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer. Any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defenders office, alternate public defenders office, or the licensed attorney of record in a criminal case. Any disclosure pursuant to this subdivision shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information, including, but not limited to, the disclosures required under Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
SEC. 7.The Legislature finds and declares that Section 3 of this act, which amend Section 1318.1 of the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Preserving the confidentiality of pretrial records is critical to the success of pretrial services agencies because it ensures that clients are more likely to be candid with pretrial services staff, as has been recognized by the U.S. Congress and federal courts.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature that this act does not prevent or exclude probation officers from work in pretrial services.
SECTION 1.SEC. 2.Section 1318 of the Penal Code is amended to read:1318.(a)The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
(1)The defendants promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending.
(2)The defendants promise to obey all reasonable conditions imposed by the court or magistrate.
(3)The defendants promise not to depart this state without leave of the court.
(4)Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.
(5)The acknowledgment of the defendant that the defendant has been informed of the consequences and penalties applicable to violation of the conditions of release.
(b)If the court orders pretrial supervision as a condition of the defendants release from custody under subdivision (a), the following shall apply:
(1)The defendant shall not be charged any fees for pretrial supervision.
(2)Information obtained in the course of performing pretrial supervision services shall be maintained apart from other law enforcement and criminal justice records and shall be confidential, subject to the following exceptions:
(A)A written report filed with the court regarding the defendants compliance with the conditions of release shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant.
(B)The court may order the disclosure of information if there is a substantial likelihood that the information is all of the following:
(i)Material.
(ii)Exonerating on the issue of guilt in a judicial proceeding involving the individual charged or a third party.
(iii)Would not otherwise be available in such a proceeding.
(C)Without waiving the privilege under Section 1040 of the Evidence Code, information may be disclosed to the following individuals and entities to the extent necessary to carry out the purpose of the disclosure:
(i)The court to determine bail, release, and any conditions of release, detention, compliance with release conditions, or sentencing.
(ii)If the defendant poses an imminent risk of physical harm, information necessary to permit the party at risk to take appropriate protective action.
(iii)An agency or program to which the defendant has been referred as a condition of release.
(iv)A law enforcement agency upon a reasonable belief that such information is necessary to assist in apprehending an individual for whom a warrant has been issued for failure to appear or for the commission of a crime.
(v)A probation department for use in communicating the defendants compliance with the conditions of release in a presentence investigation report, or for locating the defendant if the probation department is supervising the defendant concurrently.
(vi)An individual or agency designated by the defendant upon specific written authorization of the defendant.
(vii)A public agency or bona fide research institution for purposes of conducting research related to the administration of justice. Information identifying individuals shall be provided only for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
(D)The individuals and entities that receive information under subparagraph (C) shall not disclose or disseminate that information to others, except that the individuals and entities identified in clauses (i), (ii), (iv), and (v) of subparagraph (C) may disclose or disseminate that information to others if necessary to carry out the purpose of the disclosure.
(3)Information obtained in the course of performing pretrial supervision services shall not be admissible on the issue of guilt in a criminal proceeding, except for the prosecution of a crime committed while on pretrial supervision or for failure to appear in a criminal proceeding while the defendant was on pretrial supervision, or if that information is relevant evidence that is admissible under the standards described in paragraph (2) of subdivision (f) of Section 28 of Article I of the California Constitution.
SEC. 2.SEC. 3.Section 1318.1 of the Penal Code is amended to read:1318.1.(a)A court, with the concurrence of the board of supervisors, may employ an investigative staff or may use a county pretrial agency staff for the purpose of recommending whether a defendant should be released on their own recognizance.
(b)Whenever a court has employed an investigative staff or used a county pretrial agency staff pursuant to subdivision (a), an investigative report may be prepared. An investigative report shall be prepared in all cases involving a violent felony, as described in subdivision (c) of Section 667.5, or a felony in violation of subdivision (a) of Section 23153 of the Vehicle Code, recommending whether the defendant should be released on their own recognizance. The report shall include all of the following:
(1)Written verification of any outstanding warrants against the defendant.
(2)Written verification of any prior incidents where the defendant has failed to make a court appearance.
(3)Written verification of the criminal record of the defendant.
(4)Written verification of the residence of the defendant during the past year.
(c)The investigative staff may only include information relevant to the release of the defendant in the report. The investigative staff or county pretrial agency staff shall not solicit from the defendant any information regarding the circumstances of the alleged offense.
(d)The report shall be submitted to the court for review, prior to a hearing held pursuant to Section 1319. A copy of the report shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant, unless the report is relevant evidence that is admissible under the standards described in paragraph (2) of subdivision (f) of Section 28 of Article I of the California Constitution.
(e)The salaries of the staff are a proper charge against the county.
(f)For purposes of this section, county pretrial agency staff means a local public agency, separate from county probation, that performs pretrial risk assessments or release assessments of individuals and provides the assessment information to a court in the Counties of Los Angeles and Santa Clara, and the City and County of San Francisco.
SEC. 3.SEC. 4.Section 11105 of the Penal Code is amended to read:11105.(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may perform state and federal criminal history information checks as provided for in subdivision (u). The Department of Justice shall provide a state or federal response to the agency, officer, or official pursuant to subdivision (p).
(11)A city, county, city and county, or district, or an officer or official thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing the officers duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal-level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(27)The director of the State Department of State Hospitals, or their designee, for use related to research and evaluation studies described in Section 4046 of the Welfare and Institutions Code, and subject to the limitations described in that section.
(28)County staff performing pretrial investigation and release services under Section 1318 or 1318.1.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal-level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, the Attorney General shall furnish a copy of the data to the person to whom the data relates.
(2)A peace officer of the state other than those included in subdivision (b).
(3)An illegal dumping enforcement officer as defined in subdivision (i) of Section 830.7.
(4)A peace officer of another country.
(5)Public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)A person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)An individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on their own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on their own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal-level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal-level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)A campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)A foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(13)A treatment provider, if disclosure is requested by county staff performing pretrial investigation and release services under Sections 1318 and 1318.1, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subjects compliance with court-ordered conditions of pretrial release or diversion.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the State Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 1300 of the Financial Code or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, 1203.44, or 1203.49. The Commission on Teacher Credentialing, school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with a school district, county office of education, charter school, private school, or state special school for the blind and deaf, shall receive every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49.
(B)Notwithstanding subparagraph (A) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49, shall not be disseminated.
(C)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(u)(1)If a fingerprint-based criminal history information check is required pursuant to any statute, that check shall be requested from the Department of Justice and shall be applicable to the person identified in the referencing statute. The agency or entity identified in the statute shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of the types of applicants identified in the referencing statute, for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of the state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2)If requested, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute.
(3)The Department of Justice shall provide a state- or federal-level response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute, pursuant to the identified subdivision.
(4)The agency or entity identified in the referencing statute shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2, for persons described in the referencing statute.
(5)The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the request described in this subdivision.
SEC. 4.SEC. 5.Section 13101 of the Penal Code is amended to read:13101.As used in this chapter, criminal justice agencies are those agencies at all levels of government which perform as their principal functions, activities which either:
(a)Relate to the apprehension, pretrial investigation and release, prosecution, adjudication, incarceration, or correction of criminal offenders; or
(b)Relate to the collection, storage, dissemination or usage of criminal offender record information.
SEC. 5.SEC. 6.Section 13300 of the Penal Code is amended to read:13300.(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(18)County staff performing pretrial investigation and release services under Section 1318 or 1318.1.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(13)A treatment provider if disclosure is requested by county staff performing pretrial investigation and release services under Sections 1318 and 1318.1, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subjects compliance with court-ordered conditions of pretrial release or diversion.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may provide a public defenders office, an alternate public defenders office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer. Any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defenders office, alternate public defenders office, or the licensed attorney of record in a criminal case. Any disclosure pursuant to this subdivision shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information, including, but not limited to, the disclosures required under Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
SEC. 6.SEC. 7.The Legislature finds and declares that Section 2 3 of this act, which amend Section 1318.1 of the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Preserving the confidentiality of pretrial records is critical to the success of pretrial services agencies because it ensures that clients are more likely to be candid with pretrial services staff, as has been recognized by the U.S. Congress and federal courts.
SEC. 7.SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
(1)The defendants promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending.
(2)The defendants promise to obey all reasonable conditions imposed by the court or magistrate.
(3)The defendants promise not to depart this state without leave of the court.
(4)Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.
(5)The acknowledgment of the defendant that he or she the defendant has been informed of the consequences and penalties applicable to violation of the conditions of release.
(b)If the court orders pretrial supervision as a condition of the defendants release from custody under subdivision (a), the following shall apply:
(1)The defendant shall not be charged any fees for pretrial supervision.
(2)Information obtained in the course of performing pretrial supervision services shall be maintained apart from other law enforcement and criminal justice records and shall be confidential, subject to the following exceptions:
(A)A written report filed with the court regarding the defendants compliance with the conditions of release shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant.
(B)The court may order the disclosure of information if there is a substantial likelihood that the information is all of the following:
(i)Material.
(ii)Exonerating on the issue of guilt in a judicial proceeding involving the individual charged or a third party.
(iii)Would not otherwise be available in such a proceeding.
(C)Without waiving the privilege under Section 1040 of the Evidence Code, information may be disclosed to the following individuals and entities to the extent necessary to carry out the purpose of the disclosure:
(i)The court to determine bail, release, and any conditions of release, detention, compliance with release conditions, or sentencing.
(ii)If the defendant poses an imminent risk of physical harm, information necessary to permit the party at risk to take appropriate protective action.
(iii)An agency or program to which the defendant has been referred as a condition of release.
(iv)A law enforcement agency upon a reasonable belief that such information is necessary to assist in apprehending an individual for whom a warrant has been issued for failure to appear or for the commission of a crime.
(v)A probation department for use in communicating the defendants compliance with the conditions of release in a presentence investigation report, or for locating the defendant if the probation department is supervising the defendant concurrently.
(vi)An individual or agency designated by the defendant upon specific written authorization of the defendant.
(vii)A public agency or bona fide research institution for purposes of conducting research related to the administration of justice. Information identifying individuals shall be provided only for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
(D)The individuals and entities that receive information under subparagraph (C) shall not disclose or disseminate that information to others, except that the individuals and entities identified in clauses (i), (ii), (iv), and (v) of subparagraph (C) may disclose or disseminate that information to others if necessary to carry out the purpose of the disclosure.
(3)Information obtained in the course of performing pretrial supervision services shall not be admissible on the issue of guilt in a criminal proceeding, except for the prosecution of a crime committed while on pretrial supervision or for failure to appear in a criminal proceeding while the defendant was on pretrial supervision, or if that information is relevant evidence that is admissible under the standards described in paragraph (2) of subdivision (f) of Section 28 of Article I of the California Constitution.
SEC. 2.Section 1318.1 of the Penal Code is amended to read:1318.1.(a)A court, with the concurrence of the board of supervisors, may employ an investigative staff or may use a county pretrial agency staff for the purpose of recommending whether a defendant should be released on his or her their own recognizance.
(b)Whenever a court has employed an investigative staff or used a county pretrial agency staff pursuant to subdivision (a), an investigative report may be prepared. An investigative report shall be prepared in all cases involving a violent felony, as described in subdivision (c) of Section 667.5, or a felony in violation of subdivision (a) of Section 23153 of the Vehicle Code, recommending whether the defendant should be released on his or her their own recognizance. The report shall include all of the following:
(1)Written verification of any outstanding warrants against the defendant.
(2)Written verification of any prior incidents where the defendant has failed to make a court appearance.
(3)Written verification of the criminal record of the defendant.
(4)Written verification of the residence of the defendant during the past year.
(c)The investigative staff may only include information relevant to the release of the defendant in the report. The investigative staff or county pretrial agency staff shall not solicit from the defendant any information regarding the circumstances of the alleged offense.
After the report is certified pursuant to this subdivision, it(d)The report shall be submitted to the court for review, prior to a hearing held pursuant to Section 1319. A copy of the report shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant, unless the report is relevant evidence that is admissible under the standards described in paragraph (2) of subdivision (f) of Section 28 of Article I of the California Constitution.
(c)(e)The salaries of the staff are a proper charge against the county.
SEC. 3.Section 11105 of the Penal Code is amended to read:11105.(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may perform state and federal criminal history information checks as provided for in subdivision (u). The Department of Justice shall provide a state or federal response to the agency, officer, or official pursuant to subdivision (p).
(11)A city, county, city and county, or district, or an officer or official thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing the officers duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal-level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(27)The director of the State Department of State Hospitals, or their designee, for use related to research and evaluation studies described in Section 4046 of the Welfare and Institutions Code, and subject to the limitations described in that section.
(28)County staff performing pretrial investigation and release services under Section 1318 or 1318.1.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal-level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, the Attorney General shall furnish a copy of the data to the person to whom the data relates.
(2)A peace officer of the state other than those included in subdivision (b).
(3)An illegal dumping enforcement officer as defined in subdivision (i) of Section 830.7.
(4)A peace officer of another country.
(5)Public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)A person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)An individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on their own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on their own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal-level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal-level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)A campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)A foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(13)A treatment provider, if disclosure is requested by county staff performing pretrial investigation and release services under Sections 1318 and 1318.1, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subjects compliance with court-ordered conditions of pretrial release or diversion.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the State Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 1300 of the Financial Code or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, 1203.44, or 1203.49. The Commission on Teacher Credentialing, school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with a school district, county office of education, charter school, private school, or state special school for the blind and deaf, shall receive every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49.
(B)Notwithstanding subparagraph (A) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49, shall not be disseminated.
(C)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(u)(1)If a fingerprint-based criminal history information check is required pursuant to any statute, that check shall be requested from the Department of Justice and shall be applicable to the person identified in the referencing statute. The agency or entity identified in the statute shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of the types of applicants identified in the referencing statute, for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of the state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2)If requested, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute.
(3)The Department of Justice shall provide a state- or federal-level response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute, pursuant to the identified subdivision.
(4)The agency or entity identified in the referencing statute shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2, for persons described in the referencing statute.
(5)The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the request described in this subdivision.
SEC. 4.Section 13101 of the Penal Code is amended to read:13101.As used in this chapter, criminal justice agencies are those agencies at all levels of government which perform as their principal functions, activities which either:
(a)Relate to the apprehension, pretrial investigation and release, prosecution, adjudication, incarceration, or correction of criminal offenders; or
(b)Relate to the collection, storage, dissemination or usage of criminal offender record information.
SEC. 5.Section 13300 of the Penal Code is amended to read:13300.(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(18)County staff performing pretrial investigation and release services under Section 1318 or 1318.1.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(13)A treatment provider if disclosure is requested by county staff performing pretrial investigation and release services under Sections 1318 and 1318.1, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subjects compliance with court-ordered conditions of pretrial release or diversion.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may provide a public defenders office, an alternate public defenders office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer. Any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defenders office, alternate public defenders office, or the licensed attorney of record in a criminal case. Any disclosure pursuant to this subdivision shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information, including, but not limited to, the disclosures required under Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
SEC. 6.The Legislature finds and declares that Section 2 of this act, which amend Section 1318.1 of the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Preserving the confidentiality of pretrial records is critical to the success of pretrial services agencies because it ensures that clients are more likely to be candid with pretrial services staff, as has been recognized by the U.S. Congress and federal courts.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Aug 15, 2024 | August 15 hearing: Held in committee and under submission. |
| Aug 7, 2024 | August 7 set for first hearing. Placed on suspense file. |
| Jul 3, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 2). Re-referred to Com. on APPR. |
| Jun 6, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 3, 2024 | Referred to Com. on PUB. S. |
| May 24, 2024 | In Assembly. Read first time. Held at Desk. |
| May 23, 2024 | Read third time. Passed. (Ayes 35. Noes 0. Page 4186.) Ordered to the Assembly. |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 17, 2024 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3967.) (May 16). |
| May 17, 2024 | Read second time and amended. Ordered to second reading. |
| May 10, 2024 | Set for hearing May 16. |
| Apr 29, 2024 | April 29 hearing: Placed on APPR suspense file. |
| Apr 22, 2024 | Set for hearing April 29. |
| Apr 11, 2024 | April 15 set for first hearing canceled at the request of author. |
| Apr 5, 2024 | Set for hearing April 15. |
| Mar 12, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3283.) (March 12). Re-referred to Com. on APPR. |
| Feb 23, 2024 | Set for hearing March 12. |
| Feb 14, 2024 | Referred to Com. on PUB S. |
| Jan 31, 2024 | From printer. May be acted upon on or after March 1. |
| Jan 30, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Jul 2, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
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| May 23, 2024 | Senate 3rd Reading SB987 Menjivar | Senate Floor |
Passed |
|
| May 16, 2024 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Mar 12, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Afcsme District Council 36 | ** Against | |
| AFSCME California | * Against | Jul 2, 2024 |
| AFSCME Local 685 | * Against | Jul 2, 2024 |
| Amity Foundation | * Support | Jul 2, 2024 |
| Anti-Recidivism Coalition | * Support | Jul 2, 2024 |
| Association Of Orange County Deputy Sheriffs | ** Against | |
| BU 702- SEIU 721 Joint Council | ** Against | |
| California Association Of Alcohol And Drug Program Executives, Inc. | ** Support | |
| California Fraternal Order of Police | ** Against | |
| California Public Defenders Association | * Support | Jul 2, 2024 |
| Californians for Safety & Justice | * Support | Mar 12, 2024 |
| Chief Probation Officers Of California | * Against Unless Amend | Jul 2, 2024 |
| Coalition for Responsible Community Development | * Support | Jul 2, 2024 |
| County Of Los Angeles | * Support | Jul 2, 2024 |
| County of Los Angeles Board of Supervisors | ** Support | |
| County Of Santa Clara | * Support | Jul 2, 2024 |
| Ella Baker Center For Human Rights | ** Support | |
| Kern County Probation Officers Association | ** Against | |
| Los Angeles County Federation of Labor | ** Against | |
| Los Angeles County's Justice Care and Opportunities Department | * Support | Jul 2, 2024 |
| Los Angeles Regional Reentry Partnership | ** Support | |
| Monterey County Probation Association | ** Against | |
| Oakland Privacy | ** Support | |
| Sacramento County Probation Association | ** Against | |
| San Diego County Probation Officers Association | ** Against | |
| San Francisco Deputy Probation Officers Association | ** Against | |
| San Francisco Public Defender's Office | * Support | Jul 2, 2024 |
| San Joaquin County Probation Officers Association | ** Against | |
| Solano Probation Peace Officer Association | ** Against | |
| Somos Familia Valle | ** Support | |
| Sppoa | ** Against | |
| State Coalition Of Probation Organization | ** Against | |
| State Coalition Of Probation Organizations | ** Against | |
| Steinberg Institute | ** Support | |
| Tarzana Treatment Centers, Inc. | ** Support | |
| VENTURA COUNTY PROFESSIONAL PEACE OFFICERS ASSOCIATION | ** Against | |
| Yolo County Probation Association | ** Against |
Date of Hearing: August 7, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 987
Author:(Menjivar) – As Amended Ver:June 6, 2024
Policy Committee: | Public Safety | Vote: | 6 - 0 |
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| ||
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill authorizes a court in any of the counties of Los Angeles, Santa Clara, or San Francisco to use a another county agency besides the county probation department to provide pretrial services for the court, establishes requirements for treatment of information obtained during provision of pretrial supervision services, and prohibits charging a defendant a fee for pretrial supervision.
FISCAL EFFECT:
- Potentially reimbursable costs (local funds, General Fund) of an unknown but potentially significant amount for county agencies to comply with the bill’s requirements for treatment of information obtained while providing pretrial supervision services. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
- Likely minor and absorbable costs (Fingerprint Fees Account) to the Department of Justice (DOJ) to provide state criminal history information to non-probation county staff providing pretrial services and to treatment providers.
- Likely minor and absorbable costs (Trial Court Trust Fund), if any, to the courts.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
Traditionally, courts have only been permitted to use the county probation departments to provide pretrial services such as assessment of individual, background investigation, and reporting back to the courts. In a few counties, such as Los Angeles, their Board of Supervisors have created independent pretrial services departments to handle this work. Current law does not include the independent pretrial services departments, thus not allowing full access to information needed to analyze and report back to the courts.
- Background. When a person has been arrested for a crime and booked into jail, the person may be released from custody before court proceedings on bail, on their own recognizance, or on supervised release, under which they must follow certain required conditions to remain in the community. Alternatively, the person may remain in custody until their case is resolved. In most counties, county probation departments provide pretrial services to help the courts assess which pretrial options are appropriate for each criminal defendant and ensure the defendant’s compliance with pretrial conditions. Generally, this includes conducting pretrial risk assessments, making recommendations to the court for pretrial release or detention, supervising and providing services to people who are released before trial, and locating people who do not attend court appearances as required.
A few counties, including Los Angeles County (the sponsor of this bill), have established pretrial services departments that operate independently of the county’s probation department. Existing law does not prohibit these independent agencies from providing pretrial services. However, DOJ – which is responsible for collecting and maintaining confidential statewide criminal history information – is not currently authorized to provide a defendant’s criminal history information directly to a non-probation county agency providing pretrial services.
This bill provides express authorization for any of three counties to use independent agencies to perform pretrial services, and permits DOJ and a local criminal justice agency to provide criminal history information to county staff performing pretrial investigation and release services. The bill also permits DOJ and a local criminal justice agency to provide specified criminal history information to a services or treatment provider, health worker, or case manager upon request by county staff providing pretrial services.
Additionally, this bill makes several changes to the provision of pretrial services statewide. The bill prohibits charging a defendant for provision of pretrial supervision services ordered by the court. It also makes confidential, subject to specified exceptions, information obtained in the course of performing pretrial supervision, and requires any agency performing pretrial supervision services to maintain such confidential information apart from law enforcement and criminal justice records.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: July 2, 2024
Counsel: Andrew Ironside
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Kevin McCarty, Chair
SBPCA Bill Id:SB 987
Author:(Menjivar) – As Amended Ver:June 6, 2024
SUMMARY: Authorize a court, with the concurrence of the county board of supervisors, to use county pretrial agency staff independent from probation, to provide pretrial services and to prohibit a defendant from being charged any fees for pretrial supervision. Specifically, this bill:
- States that if the court orders pretrial supervision as a condition of the defendant’s release from custody, the defendant shall not be charged any fees for pretrial supervision.
- Requires that information obtained in the course of performing pretrial supervision services shall be maintained apart from other law enforcement and criminal justice records and shall be confidential, subject to the following exceptions:
- A written report filed with the court regarding the defendant’s compliance with the conditions of release shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant; and,
- The court may order the disclosure of information if there is a substantial likelihood that the information is all of the following:
- Material;
- Exonerating on the issue of guilt in a judicial proceeding involving the individual charged or a third party; and,
- Would not otherwise be available in such a proceeding.
- Material;
- A written report filed with the court regarding the defendant’s compliance with the conditions of release shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant; and,
- Provides that, without waiving the privilege for official information acquired in confidence by a public employee in the course of their duty, information may be disclosed to the following individuals and entities to the extent necessary to carry out the purpose of disclosure:
- The court to determine bail, release, and any conditions of release, detention, compliance with release conditions, or sentencing.
- If the defendant poses an imminent risk of physical harm, information necessary to permit the party at risk to take appropriate protective action.
- An agency or program to which the defendant has been referred as a condition of release.
- A law enforcement agency upon a reasonable belief that such information is necessary to assist in apprehending an individual for whom a warrant has been issued for failure to appear or for the commission of a crime.
- A probation department for use in communicating the defendant’s compliance with the conditions of release in a presentence investigation report, or for locating the defendant if the probation department is supervising the defendant concurrently.
- An individual or agency designated by the defendant upon specific written authorization of the defendant.
- A public agency or bona fide research institution for purposes of conducting research related to the administration of justice. Information identifying individuals shall be provided only for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
- The court to determine bail, release, and any conditions of release, detention, compliance with release conditions, or sentencing.
- Prohibits individuals and entities that receive this information from disclosing or disseminating that information to others, except that the individuals and entities identified above may disclose or disseminate that information to others if necessary to carry out the purpose of the disclosure.
- Provides that the information obtained in the course of performing pretrial supervision services shall not be admissible on the issue of guilt in a criminal proceeding, except for the following:
- Prosecution of a crime committed while on pretrial supervision or for failure to appear in a criminal proceeding while the defendant was on pretrial supervision, or,
- If that information is relevant evidence that is admissible under the standards described in the California Constitution’s right to truth-in-evidence.
- Prosecution of a crime committed while on pretrial supervision or for failure to appear in a criminal proceeding while the defendant was on pretrial supervision, or,
- Authorizes a court, with the concurrence of the board of supervisors, to use county pretrial agency staff for the purpose of recommending whether a defendant should be released on their own recognizance (OR).
- Authorizes an investigative report for every investigation by a court-employed investigative staff or a county pretrial agency staff.
- Requires the report to include a written assessment of the strengths and needs of the defendant, including treatment and services, when available.
- States that if a report is issued, the investigative staff or county pretrial agency staff may only include information relevant to the release of the defendant in the report.
- Prohibits investigative staff or county pretrial agency staff from soliciting from the defendant any information regarding the circumstances of the alleged offense.
- Removes certification of the report prior to submitting to the court for review.
- Requires a copy of the report to be provided to the prosecuting attorney and the defendant’s attorney and states and prohibits further disclosure or dissemination of the report to any other person or agency by the prosecuting attorney or the defendant’s attorney, unless the report is relevant evidence that is admissible as provided.
- Defines “county pretrial agency staff” as a local public agency, separate from county probation that performs pretrial risk assessments or release assessments of individuals and provides the assessment information to a court in the Counties of Los Angeles and Santa Clara, and the City and County of San Francisco.
- Authorizes DOJ to furnish state summary criminal history information to:
- County staff performing pretrial investigation and release services; and,
- A treatment provider, if disclosure is requested by county staff performing pretrial investigation and release services, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subject’s compliance with court-ordered conditions of pretrial release or diversion.
- County staff performing pretrial investigation and release services; and,
- Authorizes a local agency to furnish local summary criminal history information to:
- County staff performing pretrial investigation and release services; and,
- A services of treatment provider if disclosure is requested by county staff performing pretrial investigation and release services, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subject’s compliance with court-ordered conditions of pretrial release or diversion.
- County staff performing pretrial investigation and release services; and,
- Adds pretrial investigation and release activities to the definition of “criminal justice agencies.”
- Contains the Legislative finding that preserving the confidentiality of pretrial records is critical to the success of pretrial services agencies because it ensures that clients are more likely to be candid with pretrial services staff, as has been recognized by the U.S. Congress and federal courts.
EXISTING LAW:
- Provides that the defendant shall not be released from custody under an own recognizance (OR) until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
- The defendant’s promise to appear at all times and places, as ordered by the court or magistrate;
- The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate;
- The defendant’s promise not to depart this state without leave of the court;
- Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California; and,
- The acknowledgment of the defendant that the defendant has been informed of the consequences and penalties applicable to violation of the conditions of release. (Pen. Code, § 1318, subd. (a).)
- The defendant’s promise to appear at all times and places, as ordered by the court or magistrate;
- Authorizes a court, with the concurrence of the board of supervisors, to employ an investigative staff for the purpose of recommending whether a defendant should be released on OR. (Pen. Code, § 1318.1, subd. (a).)
- Requires that whenever a court has employed an investigative staff, an investigative report shall be prepared in all cases involving a violent felony, as described in subdivision (c) of Section 667.5, or a felony in violation of subdivision (a) of Section 23153 of the Vehicle Code, recommending whether the defendant should be released on OR. The report shall include all of the following:
- Written verification of any outstanding warrants against the defendant;
- Written verification of any prior incidents where the defendant has failed to make a court appearance;
- Written verification of the criminal record of the defendant;and,
- Written verification of the residence of the defendant during the past year. (Pen. Code, § 1318.1, subd. (b).)
- Written verification of any outstanding warrants against the defendant;
- States that after the report is certified, it shall be submitted to the court for review prior to a hearing held in open court and until the prosecuting attorney is given notice and a reasonable opportunity to be heard on the matter of whether the defendant may be released on OR. (Pen. Code, § 1318.1.)
- Defines “state summary criminal history information” to mean the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. (Pen. Code, § 11105, subd. (a)(2)(A).)
- Requires the Department of Justice (DOJ) to maintain state summary criminal history information and requires such information to be furnished to specified entities in fulfilling employment, certification, or licensing duties as provided. (Pen. Code, § 11105, subd. (a) and (b).)
- Defines “local summary criminal history information” to mean the master record of information compiled by any local criminal justice agency pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (Pen. Code, § 13300, subd. (a)(1).)
- Defines a “local agency” to mean a local criminal justice agency. (Pen. Code,§ 13300, subd. (a)(3).)
- Defines “criminal justice agencies” as those agencies at all levels of government which perform as their principal functions, activities which either:
- Relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders; or,
- Relate to the collection, storage, dissemination or usage of criminal offender record information. (Pen. Code, § 13101.)
- Relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders; or,
- Requires a local agency to furnish local summary criminal history information to specified entities when needed in the course of their duties and when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties as provided. (Pen. Code, § 13301, subd. (b).)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “Traditionally, courts have only been permitted to use the county probation departments to provide pretrial services such as assessment of individual, background investigation, and reporting back to the courts. In a few counties, such as Los Angeles, their Board of Supervisors have created independent pretrial services departments to handle this work. Current law does not include the independent pretrial services departments, thus not allowing full access to information needed to analyze and report back to the courts. SB 987 fixes this problem by adding independent pretrial services departments into the definition of “criminal justice agency” authorizing them the same access to background criminal history from federal, state, and local agencies, thus allowing them to perform the same activities for the court that probation does. This bill does not preclude Probation Departments from work in pretrial services.”
- Pretrial Services: When a person has been arrested for a crime and booked into jail custody, the person may be released from custody prior to trial proceedings either on bail, own recognizance, or supervised release with conditions. Persons who are not released pursuant to one of these avenues will remain in custody until the resolution of their case. Pretrial services is responsible for conducting pretrial risk assessments, making recommendations for pretrial release or detention, supervising and providing services to released individuals, and locating those who do not show up for court appearances. Existing law requires pretrial service agencies to validate their pretrial risk assessment tools no less than every three years and to specified information regarding the tool, including validation studies, publicly available. (Pen. Code, §1320.35.)
Although pretrial services have been around since the 1960s, bail has been the primary avenue for pretrial release. (Pretrial Risk Assessment in California, Public Policy Institute of California (Dec. 2019), p. 4.) Critics of the bail system argue that this system fails to protect public safety and gives wealthy people an advantage over people who cannot afford bail. In 2018, the First District Court of Appeals in San Francisco ruled that pretrial detention of a defendant solely due to inability to post bail is unconstitutional. (In re Humphrey (2018) 19 Cal.App.5th 1006.) The California Supreme Court upheld this ruling: “The common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional. Other conditions of release — such as electronic monitoring, regular check-ins with a pretrial case manager, community housing or shelter, and drug and alcohol treatment — can in many cases protect public and victim safety as well as assure the arrestee’s appearance at trial. What we hold is that where a financial condition is nonetheless necessary, the court must consider the arrestee’s ability to pay the stated amount of bail — and may not effectively detain the arrestee ‘solely because’ the arrestee ‘lacked the resources’ to post bail.” (In re Humphrey (2021) 11 Cal. 5th 135, 143.)
The Budget Act of 2019 (AB 74 (Ting), Ch. 23, Stats. 2019) earmarked $75 million to the Judicial Council to launch and evaluate two-year pretrial projects in local trial courts. The projects aimed to increase the safe and efficient release of arrestees before trial, use the least restrictive monitoring practices possible while protecting public safety and ensuring court appearances, validate and expand the use of risk assessment tools, and assess any bias. In August 2019, the Judicial Council approved and distributed funding to the 16 pilot projects selected for participation in the Pretrial Pilot Program. By the conclusion of the pilot program, 14 of 16 pilot projects had implemented a court date reminder system which provides text message and phone call notifications to all individuals as pretrial release. Initial data showed that court appearances after the implementation of a court date reminder system increased significantly. The final report on the Pretrial Pilot Program suggested an overall positive impact of the program including increased pretrial release and decreased booking/rearrest for misdemeanors and felonies. See https://www.courts.ca.gov/documents/Pretrial-Pilot-Program_Final-Report.pdf [as of Mar. 1, 2024].)
Following the pilot program, the Budget Act of 2021 (SB 129 (Skinner), Ch. 69, Stats. 2021) allocated ongoing funding to the Judicial Council for the implementation or expansion of pretrial programs in all California courts. - Effect of This Legislation: This bill would provide that the court, with the concurrence of the county board of supervisors, may use a county pretrial agency, independent of the probation department, to provide pretrial services. In most counties, probation departments provide pretrial services; however, some counties use an independent pretrial services department to provide this service. Currently, San Francisco and Santa Clara are allowed to contract with the Office of Pretrial Services to provide this service in their counties.
According to the sponsor of this bill, Los Angeles County has created a pretrial services department within their county that is independent of their probation department. While existing law does not prohibit using a county agency other than probation to provide these services, statutes that authorize access to criminal history records needed to conduct risk assessments do not authorize disclosure to this additional type of entity. This bill specifies that state and local summary criminal history information shall be disseminated to county staff performing pretrial investigation and release services, and to a treatment provider if disclosure is requested by county staff performing pretrial investigation and release services, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subject’s compliance with court-ordered conditions of pretrial release or diversion.
This bill also provides that if the court orders pretrial supervision as a condition of the defendant’s release from custody, the defendant shall not be charged any fees for pretrial supervision and require that information obtained in pretrial supervision services be maintained apart from law enforcement and criminal justice records. This bill also makes confidential, subject to specified exceptions, information that is obtained in the course of performing pretrial supervision. Notwithstanding any privilege afforded this information, this bill specifies that the information may be disclosed to specified entities such as the court, law enforcement and probation department to the extent necessary to carry out the stated purpose of disclosure. This bill specifies that if a report is made recommending whether a defendant should be released prior to trial proceedings, the report may only include information relevant to the release of the defendant and staff shall not solicit from the defendant any information regarding the circumstances of the alleged offense. A copy of the report shall be provided to the prosecuting attorney and attorney for the defendant but shall not be further disclosed or disseminated unless the report is relevant evidence and admissible as provided. - Argument in Support: According to the County of Los Angeles Board of Supervisors, “SB 987 would allow county-independent pretrial release departments to offer a wide array of client services along with the offerings of a traditional pretrial agency.
“Current law authorizes county probation, courts, or other existing “criminal justice agencies” to carry out specified pretrial duties. Thus, independent pretrial agencies are precluded from accessing key criminal history information necessary to operate an all-inclusive pretrial agency.
“Further, existing law does not protect information provided by defendants in pretrial services evaluations. The absence of this protection does not allow for candid conversations between defendants and interviewers.
“SB 987:
- expands the definition of “criminal justice agencies” to include county-independent pretrial release departments that implement pretrial services and programs.
- authorizes state and local law enforcement agencies to share criminal history background information with county-independent pretrial release departments.
- protects information provided by defendants in pretrial services investigations.
“This bill is critically important in furthering progress in reforming pretrial systems in California.
- Argument in Opposition: According to the American Federation of State, County, and Municipal Employees, AFL-CIO, “Probation officers are experts in assessing and mitigating the risk that criminal defendants may pose when awaiting trial. They provide crucial information to those public entities concerned with community safety (i.e. law enforcement, the courts, probation).
“The process for evaluating and recommending appropriate programs for those who have been arrested and are awaiting trial is thorough and comprehensive. The goals of the Pretrial Pilot Program are to increase the safe and efficient pre-arraignment and pretrial release of individuals booked into jail, implement monitoring practices with the least restrictive interventions necessary to enhance public safety and return to court, expand the use and validation of pretrial risk assessment tools that make their factors, weights, and studies publicly available; and, assess any disparate impact or bias that may result from the implementation of these programs. Probation employees help implement the above-mentioned successful programs and they rightly have access to sensitive information like individual criminal records and state Department of Justice databases so they can make proper recommendations regarding pretrial release to judges.
“We appreciate the author’s willingness to engage with AFSCME members on this issue, unfortunately, our members still do not see the need for legislation. To our knowledge there have not been any issues in counties that currently operate independent pretrial agencies nor the Courts with accessing or receiving criminal record information from the pre-trial services staff in county probation departments, and thereby fail to understand why this bill is necessary. If current staffing is available to provide the tools necessary to run programming, there is no need to add additional personnel to do the work that is already provided by county probation employees.
“As experts in assessing and mitigating risk, probation is a natural choice for pretrial assessment and monitoring functions. Our Pre-Trial officers are familiar with the role of assessments in the criminal justice system and provide recommendations and reports to the court. Probation has the expertise needed for successful pretrial services that protect public safety while also mitigating disruptions to positive social engagement for low-risk offenders.” - Prior Legislation:
- AB 2354 (Kalra), of the 2021-2022 Legislative Session, was substantially similar to this bill. AB 2354 was held in this committee.
- SB 129 (Skinner), Chapter 69, Statutes of 2021, allocated ongoing funding to the Judicial Council for the implementation or expansion of pretrial programs in all California courts.
- SB 36 (Hertzberg), Chapter 589, Statutes of 2019, required each pretrial services agency that uses a pretrial risk assessment tool to regularly validate the tool, and to make specified information regarding the tool publicly available.
- SB 10 (Hertzberg), Chapter 244, Statutes of 2018, creates a risk-based non-monetary prearraignment and pretrial release system for people arrested for criminal offenses including preventative detention procedures for person’s determined to be too high a risk to assure public safety if released.
- AB 789 (Rubio), Chapter 554, Statutes of 2017, allows a court to approve, without a hearing, OR release under a court-operated or court-approved pretrial release program for arrestees of specified felony offenses with three or more prior failures to appear.
- AB 2354 (Kalra), of the 2021-2022 Legislative Session, was substantially similar to this bill. AB 2354 was held in this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Amity Foundation
California Association of Alcohol and Drug Program Executives, INC.
California Public Defenders Association
County of Los Angeles Board of Supervisors
County of Santa Clara
Ella Baker Center for Human Rights
Los Angeles County
Los Angeles Regional Reentry Partnership (LARRP)
Oakland Privacy
Somos Familia Valle
Steinberg Institute
Tarzana Treatment Centers, INC.
Opposition
Afcsme District Council 36
Afscme Local 1587 Santa Clara County Probation Peace Officers Union
American Federation of State, County and Municipal Employees
American Federation of State, County and Municipal Employees, Afl-cio
Association of Orange County Deputy Sheriffs
Bu 702-SEIU 721 Joint Council
California Fraternal Order of Police
Chief Probation Officers’ of California
Kern County Probation Officers Association
Los Angeles County Federation of Labor
Los Angeles County Probation Managers Association Afscme Local 1967
Los Angeles County Probation Officers Union, Afscme Local 685
Monterey County Probation Association
Sacramento County Probation Association
San Diego County Probation Officers Association
San Francisco Deputy Probation Officers Association
San Joaquin County Probation Officers Association
Santa Clara County Probation Peace Officer's Union, Afscme Local 1587
Solano Probation Peace Officer Association
Sppoa
State Coalition of Probation Organization
State Coalition of Probation Organizations
Ventura County Professional Peace Officers Association
Yolo County Probation Association
1 Private Individual
Analysis Prepared by: Andrew Ironside / PUB. S. / (916) 319-3744
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 987 |
THIRD READING
Bill No: SB 987
Author: Menjivar (D)
Amended: 5/17/24
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 3/12/24
AYES: Wahab, Seyarto, Bradford, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SUBJECT: Pretrial release: pretrial assessment agencies
SOURCE: County of Los Angeles
DIGEST:
This bill authorizes a court, with the concurrence of the county board of supervisors, to use county pretrial agency staff independent from probation, to provide pretrial services in the Counties of Los Angeles and Santa Clara, and the City and County of San Francisco, and prohibits a defendant from being charged any fees for pretrial supervision.
ANALYSIS:
Existing law:
- Provides that the defendant shall not be released from custody under an own recognizance (OR) until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
- The defendant’s promise to appear at all times and places, as ordered by the court or magistrate;
- The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate;
- The defendant’s promise not to depart this state without leave of the court;
- Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California; and,
- The acknowledgment of the defendant that the defendant has been informed of the consequences and penalties applicable to violation of the conditions of release. (Penal Code (Pen. Code) § 1318, subd. (a))
- Authorizes a court, with the concurrence of the board of supervisors, to employ an investigative staff for the purpose of recommending whether a defendant should be released on OR. (Pen. Code § 1318.1)
- Requires that whenever a court has employed an investigative staff, an investigative report shall be prepared in all cases involving a violent felony, as described in subdivision (c) of Section 667.5, or a felony in violation of subdivision (a) of Section 23153 of the Vehicle Code, recommending whether the defendant should be released on OR. The report shall include all of the following:
- Written verification of any outstanding warrants against the defendant;
- Written verification of any prior incidents where the defendant has failed to make a court appearance;
- Written verification of the criminal record of the defendant;
- Written verification of the residence of the defendant during the past year. (Pen. Code § 1318.1, subd. (b))
- States that after the report is certified, it shall be submitted to the court for review prior to a hearing held in open court and until the prosecuting attorney is given notice and a reasonable opportunity to be heard on the matter of whether the defendant may be released on OR. (Pen. Code, § 1318.1)
- Defines “state summary criminal history information” to mean the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. (Pen. Code § 11105, subd. (a)(2)(A))
- Requires the Department of Justice (DOJ) to maintain state summary criminal history information and requires such information to be furnished to specified entities in fulfilling employment, certification, or licensing duties as provided. (Pen. Code § 11105, subd. (a) and (b))
- Defines “local summary criminal history information” to mean the master record of information compiled by any local criminal justice agency pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (Pen. Code § 13300, subd. (a)(1))
- Defines a “local agency” to mean a local criminal justice agency. (Pen. Code § 13300, subd. (a)(3))
- Defines “criminal justice agencies” as those agencies at all levels of government which perform as their principal functions, activities which either:
- Relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders; or,
- Relate to the collection, storage, dissemination or usage of criminal offender record information. (Pen. Code § 13101)
- Requires a local agency to furnish local summary criminal history information to specified entities when needed in the course of their duties and when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties as provided.
This bill:
- States that it is the intent of the Legislature that this act does not prevent or exclude probation officers from work in pretrial services.
- States that if the court orders pretrial supervision as a condition of the defendant’s release from custody, the defendant shall not be charged any fees for pretrial supervision.
- Requires that information obtained in the course of performing pretrial supervision services shall be maintained apart from other law enforcement and criminal justice records and shall be confidential, subject to the following exceptions:
- A written report filed with the court regarding the defendant’s compliance with the conditions of release shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant; and,
- The court may order the disclosure of information if there is a substantial likelihood that the information is all of the following:
- Material;
- Exonerating on the issue of guilt in a judicial proceeding involving the individual charged or a third party; and,
- Would not otherwise be available in such a proceeding.
- Provides that, without waiving the privilege for official information acquired in confidence by a public employee in the course of their duty, information may be disclosed to the following individuals and entities to the extent necessary to carry out the purpose of disclosure:
- The court to determine bail, release, and any conditions of release, detention, compliance with release conditions, or sentencing.
- If the defendant poses an imminent risk of physical harm, information necessary to permit the party at risk to take appropriate protective action.
- An agency or program to which the defendant has been referred as a condition of release.
- A law enforcement agency upon a reasonable belief that such information is necessary to assist in apprehending an individual for whom a warrant has been issued for failure to appear or for the commission of a crime.
- A probation department for use in communicating the defendant’s compliance with the conditions of release in a presentence investigation report, or for locating the defendant if the probation department is supervising the defendant concurrently.
- An individual or agency designated by the defendant upon specific written authorization of the defendant.
- A public agency or bona fide research institution for purposes of conducting research related to the administration of justice. Information identifying individuals shall be provided only for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
- Prohibits individuals and entities that receive this information from disclosing or disseminating that information to others, except that the individuals and entities identified above may disclose or disseminate that information to others if necessary to carry out the purpose of the disclosure.
- Provides that the information obtained in the course of performing pretrial supervision services shall not be admissible on the issue of guilt in a criminal proceeding, except for the following:
- Prosecution of a crime committed while on pretrial supervision or for failure to appear in a criminal proceeding while the defendant was on pretrial supervision, or,
- If that information is relevant evidence that is admissible under the standards described in the California Constitution’s right to truth-in-evidence.
- Authorizes a court, with the concurrence of the board of supervisors, to use county pretrial agency staff for the purpose of recommending whether a defendant should be released on OR.
- Defines a “county pretrial agency staff” to mean a local public agency, separate from county probation, that performs pretrial risk assessments or release assessments of individuals and provides the assessment information to a court in the Counties of Los Angeles and Santa Clara, and the City and County of San Francisco
- Authorizes an investigative report for every investigation by a court-employed investigative staff or a county pretrial agency staff.
- States that if a report is issued, the investigative staff may only include information relevant to the release of the defendant in the report. The investigative staff or county pretrial agency staff shall not solicit from the defendant any information regarding the circumstances of the alleged offense.
- Requires a copy of the investigative report to be provided to the prosecuting attorney and the attorney for the defendant and states that the report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant, unless the report is relevant evidence that is admissible as provided.
- Authorizes DOJ to furnish state summary criminal history information to:
- County staff performing pretrial investigation and release services; and,
- A treatment provider, if disclosure is requested by county staff performing pretrial investigation and release services, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subject’s compliance with court-ordered conditions of pretrial release or diversion.
- Adds pretrial investigation and release activities to the definition of “criminal justice agencies.”
- Authorizes a local agency to furnish local summary criminal history information to:
- County staff performing pretrial investigation and release services; and,
- A treatment provider if disclosure is requested by county staff performing pretrial investigation and release services, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subject’s compliance with court-ordered conditions of pretrial release or diversion.
- Contains the Legislative finding that preserving the confidentiality of pretrial records is critical to the success of pretrial services agencies because it ensures that clients are more likely to be candid with pretrial services staff, as has been recognized by the U.S. Congress and federal courts.
Comments
According to the author of this bill:
Traditionally, courts have used the county probation departments to provide pretrial services such as assessment of individual, background investigation, and reporting back to the courts. In a few counties, such as Los Angeles, their Board of Supervisors have created independent pretrial services departments to handle this work. Current law does not include the independent pretrial services departments, thus not allowing full access to information needed to analyze and report back to the courts. SB 987 fixes this problem by adding independent pretrial services departments into the definition of “criminal justice agency” authorizing them the same access to background criminal history from federal, state, and local agencies, thus allowing them to perform the same activities for the court that probation does.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Unknown, potentially significant local costs to maintain information obtained in the course of performing pretrial supervision services separate from other law enforcement and criminal justice records, and to keep that information confidential, except as specified. This bill explicitly prohibits any fees to be charged to a defendant for pretrial supervision, which could have otherwise been used, in some cases, to offset local costs for pretrial supervision. This bill’s local mandated costs could be subject to reimbursement from the General Fund, subject to a determination by the Commission on State Mandates, to the extent a local agency files a reimbursement claim. (General Fund)
- Any costs for the Department of Justice to provide state criminal history information to county staff performing pretrial investigation and release services, and to treatment providers, are expected to be minor and absorbable within existing resources. (Fingerprint Fees Account)
- Judicial Council indicates that any court workload associated with this bill is anticipated to be minor and absorbable within existing court resources. (Trial Court Trust Fund)
SUPPORT: (Verified 5/16/24)
County of Los Angeles (source)
Amity Foundation
California Association of Alcohol and Drug Program Executives, INC.
California Public Defenders Association
County of Santa Clara
Ella Baker Center for Human Rights
Los Angeles County
Los Angeles Regional Reentry Partnership
Oakland Privacy
Somos Familia Valle
Steinberg Institute
Tarzana Treatment Centers, INC.
OPPOSITION: (Verified 5/16/24)
AFSCME District Council 36
AFSCME Local 1587 Santa Clara County Probation Peace Officers Union
American Federation of State, County and Municipal Employees
Association of Orange County Deputy Sheriffs
California Fraternal Order of Police
Kern County Probation Officers Association
Los Angeles County Federation of Labor
Monterey County Probation Association
Sacramento County Probation Association
San Diego County Probation Officers Association
San Joaquin County Probation Officers Association
Santa Clara County Probation Peace Officer's Union, AFSCME Local 1587
Solano Probation Peace Officer Association
State Coalition of Probation Organization
State Coalition of Probation Organizations
Yolo County Probation Association
Prepared by: Stella Choe / PUB. S. /
5/20/24 18:52:18
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 987 (Menjivar) - Pretrial release: pretrial assessment agencies
Version: January 30, 2024 | Policy Vote: PUB. S. 5 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 16, 2024 | Consultant: Mark McKenzie |
Bill Summary:
SB 987 would authorize a court, with the approval of the board of supervisors, to use a county pretrial agency staff independent of a probation department to provide pretrial services. The bill would also require that any information obtained in the course of performing pretrial supervision services to be maintained separately from law enforcement and criminal justice records and kept confidential, except as specified. Lastly, the bill would require the Attorney General and local agencies to furnish state and local criminal history information to county staff performing pretrial investigation and release services, when needed in the course of their duties, as specified.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 16, 2024
Fiscal Impact:
- Unknown, potentially significant local costs to maintain information obtained in the course of performing pretrial supervision services separate from other law enforcement and criminal justice records, and to keep that information confidential, except as specified. The bill explicitly prohibits any fees to be charged to a defendant for pretrial supervision, which could have otherwise been used, in some cases, to offset local costs for pretrial supervision. The bill’s local mandated costs could be subject to reimbursement from the General Fund, subject to a determination by the Commission on State Mandates, to the extent a local agency files a reimbursement claim. (General Fund)
- Any costs for the Department of Justice to provide state criminal history information to county staff performing pretrial investigation and release services, and to treatment providers, are expected to be minor and absorbable within existing resources. (Fingerprint Fees Account)
- Judicial Council indicates that any court workload associated with the bill is anticipated to be minor and absorbable within existing court resources. (Trial Court Trust Fund)
Author Amendments:
Add a statement of legislative intent that the bill does not prevent or exclude probation officers from work in pretrial services.
Committee Amendments:
Specify that only courts in the Counties of Los Angeles and Santa Clara, and the City and County of San Francisco may use county pretrial agency staff, separate from probation, to perform pretrial risk assessments or release assessments of individuals and provide the assessment information to a court.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 987 (Menjivar) - Pretrial release: pretrial assessment agencies
Version: January 30, 2024 | Policy Vote: PUB. S. 5 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: April 29, 2024 | Consultant: Mark McKenzie |
Bill Summary:
SB 987 would authorize a court, with the approval of the board of supervisors, to use a county pretrial agency staff independent of a probation department to provide pretrial services. The bill would also require that any information obtained in the course of performing pretrial supervision services to be maintained separately from law enforcement and criminal justice records and kept confidential, except as specified. Lastly, the bill would require the Attorney General and local agencies to furnish state and local criminal history information to county staff performing pretrial investigation and release services, when needed in the course of their duties, as specified.
Fiscal Impact:
- Unknown, potentially significant local costs to maintain information obtained in the course of performing pretrial supervision services separate from other law enforcement and criminal justice records, and to keep that information confidential, except as specified. The bill explicitly prohibits any fees to be charged to a defendant for pretrial supervision, which could have otherwise been used, in some cases, to offset local costs for pretrial supervision. The bill’s local mandated costs could be subject to reimbursement from the General Fund, subject to a determination by the Commission on State Mandates, to the extent a local agency files a reimbursement claim. (General Fund)
- Any costs for the Department of Justice to provide state criminal history information to county staff performing pretrial investigation and release services, and to treatment providers, are expected to be minor and absorbable within existing resources. (Fingerprint Fees Account)
- Judicial Council indicates that any court workload associated with the bill is anticipated to be minor and absorbable within existing court resources. (Trial Court Trust Fund)
Background:
When a person has been arrested for a crime and booked into jail custody, the person may be released from custody prior to trial proceedings either on bail, own recognizance, or supervised release with conditions. Persons who are not released pursuant to one of these avenues will remain in custody until the resolution of their case. Pretrial services is responsible for conducting pretrial risk assessments, making recommendations for pretrial release or detention, supervising and providing services to released individuals, and locating those who do not show up for court appearances. Although pretrial services have been around since the 1960s, bail has traditionally been the primary avenue for pretrial release. Critics of the bail system argue that it fails to protect public safety and gives wealthy people an advantage over people who cannot afford bail. In 2018, the First District Court of Appeals in San Francisco ruled that pretrial detention of a defendant solely due to inability to post bail is unconstitutional (In re Humphrey (2018) 19 Cal.App.5th 1006.). This ruling was upheld by the California Supreme Court.
The Budget Act of 2019 (AB 74 (Ting), Ch. 23/2019) allocated $75 million to the Judicial Council to launch and evaluate two-year pretrial projects in local trial courts. The projects aimed to increase the safe and efficient release of arrestees before trial, use the least restrictive monitoring practices possible while protecting public safety and ensuring court appearances, validate and expand the use of risk assessment tools, and assess any bias. By the conclusion of the pilot program, 14 of 16 pilot projects selected for participation in the Pretrial Pilot Program had implemented a court date reminder system which provides text message and phone call notifications to all individuals as pretrial release. Initial data showed that court appearances after the implementation of a court date reminder system increased significantly. The final report on the Pretrial Pilot Program suggested an overall positive impact of the program, including increased pretrial release and decreased booking/rearrest for misdemeanors and felonies. Subsequently, the Budget Act of 2021 (SB 129 (Skinner), Ch. 69/2021) provided ongoing funding to the Judicial Council for the implementation or expansion of pretrial programs in all California courts.
Proposed Law:
SB 987 would authorize a court, with the concurrence of the county board of supervisors, to use a county pretrial agency staff independent from probation to provide pretrial services for the purpose of recommending whether a defendant should be released on their own recognizance. This bill would also do the following:
- Prohibit a defendant from being charged for pretrial supervision, if a court orders pretrial supervision as a condition of a defendant’s release from custody under an own recognizance, and require that any information obtained in the course of performing pretrial supervision services to be maintained apart from other law enforcement and criminal justice records, and kept confidential except as follows:
- A written report filed with the court regarding the defendant’s compliance with the conditions of release shall be provided to the prosecuting attorney and the attorney for the defendant, and not further disclosed or disseminated.
- The court may order the disclosure of information if there is a substantial likelihood that the information is material, exonerating on the issue of guilt involving the individual charged or a third party, and the information would not otherwise be available in such a proceeding.
- Authorize disclosure of information obtained in the course of pretrial supervision to be disclosed to the following individuals and entities to the extent necessary:
- The court to determine bail, release, and any conditions of release, detention, compliance with release conditions, or sentencing.
- If the defendant poses an imminent risk of physical harm, information necessary to permit the party at risk to take appropriate protective action.
- An agency or program to which the defendant has been referred as a condition of release.
- A law enforcement agency upon a reasonable belief that such information is necessary to assist in apprehending an individual for whom a warrant has been issued for failure to appear or for the commission of a crime.
- A probation department for use in communicating the defendant’s compliance with the conditions of release in a presentence investigation report, or for locating the defendant if the probation department is supervising the defendant concurrently.
- An individual or agency designated by the defendant upon specific written authorization of the defendant.
- A public agency or bona fide research institution for purposes of conducting research related to the administration of justice. Information identifying individuals shall be provided only for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information must not identify specific individuals.
- Prohibit individuals and entities that receive this information from disclosing or disseminating the information to others, except as necessary to carry out the purpose of the disclosure.
- Prohibit the information obtained in the course of performing pretrial supervision services from being admissible on the issue of guilt in a criminal proceeding, except for the prosecution of a crime committed while on pretrial supervision or for failure to appear in a criminal proceeding while the defendant was on pretrial supervision, or if that information is relevant evidence that is admissible under the standards described in the California Constitution’s right to truth-in-evidence.
- Authorize an investigative report for every investigation by a court-employed investigative staff or a county pretrial agency staff. (Current law requires a report for every investigation by court-employed investigative staff.) The investigative staff may only include information relevant to the release of the defendant in the report. The investigative staff or county pretrial agency staff must not solicit from the defendant any information regarding the circumstances of the alleged offense.
- Require investigative reports to be submitted to the court for review prior to hearing, and require a copy to be provided to the prosecuting attorney and attorney for the defendant. The report must not be further disclosed or disseminated, unless it is relevant evidence that is admissible, as specified.
- Require the Attorney General to furnish state summary criminal history information to county staff performing pretrial investigation and release services, and to a treatment provider, if disclosure is requested by county staff performing pretrial services, with the consent of the subject of that criminal history, and to further the subject’s compliance with court-ordered conditions of pretrial release or diversion.
- Require a local agency to furnish local summary criminal history information to county staff performing pretrial investigation and release services, and to a treatment provider, if disclosure is requested by county staff performing pretrial services, with the consent of the subject of that criminal history, and to further the subject’s compliance with court-ordered conditions of pretrial release or diversion.
- Include within the definition of “criminal justice agencies” as entities that perform pretrial investigation and release as their principal function.
Related Legislation:
AB 2354 (Kalra), which was referred to the Assembly Public Safety Committee in 2022 and never heard, was nearly identical to this bill.
Staff Comments:
This bill authorizes a court, with the concurrence of the board of supervisors, to use a county pretrial agency to provide pretrial services. Pursuant to SB 129 (Skinner), the Budget Act of 2021, courts are required to contract with any county department, including probation departments, to provide pretrial services. In most counties, these functions are performed by probation departments, but several counties use a separate Office of Pretrial Services (San Francisco and Santa Clara Superior Courts), and Los Angeles County has established a pretrial services department within the county that is separate from the probation department. While existing law does not preclude a county from using a county agency other than probation to provide these services, current statutes that provide for the sharing of criminal history information do not authorize disclosure to these additional county entities. This bill explicitly authorizes the Attorney General and local agencies to provide state and local summary criminal history information to county staff performing pretrial investigation and release services, if necessary in the course of their duties, and to treatment providers, if disclosure is requested by county staff performing pretrial services, as specified.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 987 Hearing Date: March 12, 2024
Author: | Menjivar | ||
Version: | January 30, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Pretrial release: pretrial assessment agencies
HISTORY
Source: County of Los Angeles
Prior Legislation: AB 2354 (Kalra), held in Assem. Public Safety, 2022
SB 36 (Hertzberg), Ch. 589, Stats. 2019
Support: Amity Foundation; California Public Defenders Association; Los Angeles Regional Reentry Partnership; Oakland Privacy; Somos Familia Valle; Tarzana Treatment Centers
Opposition: Los Angeles County Deputy Probation Officers’ Union, AFSCME Local 685
PURPOSE
The purpose of this bill is to authorize a court, with the concurrence of the county board of supervisors, to use county pretrial agency staff independent from probation, to provide pretrial services and to prohibit a defendant from being charged any fees for pretrial supervision.
Existing law provides that the defendant shall not be released from custody under an own recognizance (OR) until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
- The defendant’s promise to appear at all times and places, as ordered by the court or magistrate;
- The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate;
- The defendant’s promise not to depart this state without leave of the court;
- Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California; and,
- The acknowledgment of the defendant that the defendant has been informed of the consequences and penalties applicable to violation of the conditions of release. (Pen. Code, § 1318, subd. (a).)
This bill states that if the court orders pretrial supervision as a condition of the defendant’s release from custody, the defendant shall not be charged any fees for pretrial supervision.
This bill requires that information obtained in the course of performing pretrial supervision services shall be maintained apart from other law enforcement and criminal justice records and shall be confidential, subject to the following exceptions:
- A written report filed with the court regarding the defendant’s compliance with the conditions of release shall be provided to the prosecuting attorney and the attorney for the defendant. The report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant; and,
- The court may order the disclosure of information if there is a substantial likelihood that the information is all of the following:
- Material;
- Exonerating on the issue of guilt in a judicial proceeding involving the individual charged or a third party; and,
- Would not otherwise be available in such a proceeding.
This bill provides that, without waiving the privilege for official information acquired in confidence by a public employee in the course of their duty, information may be disclosed to the following individuals and entities to the extent necessary to carry out the purpose of disclosure:
- The court to determine bail, release, and any conditions of release, detention, compliance with release conditions, or sentencing.
- If the defendant poses an imminent risk of physical harm, information necessary to permit the party at risk to take appropriate protective action.
- An agency or program to which the defendant has been referred as a condition of release.
- A law enforcement agency upon a reasonable belief that such information is necessary to assist in apprehending an individual for whom a warrant has been issued for failure to appear or for the commission of a crime.
- A probation department for use in communicating the defendant’s compliance with the conditions of release in a presentence investigation report, or for locating the defendant if the probation department is supervising the defendant concurrently.
- An individual or agency designated by the defendant upon specific written authorization of the defendant.
- A public agency or bona fide research institution for purposes of conducting research related to the administration of justice. Information identifying individuals shall be provided only for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
This bill prohibits individuals and entities that receive this information from disclosing or disseminating that information to others, except that the individuals and entities identified above may disclose or disseminate that information to others if necessary to carry out the purpose of the disclosure.
This bill provides that the information obtained in the course of performing pretrial supervision services shall not be admissible on the issue of guilt in a criminal proceeding, except for the following:
- Prosecution of a crime committed while on pretrial supervision or for failure to appear in a criminal proceeding while the defendant was on pretrial supervision, or,
- If that information is relevant evidence that is admissible under the standards described in the California Constitution’s right to truth-in-evidence.
Existing law authorizes a court, with the concurrence of the board of supervisors, to employ an investigative staff for the purpose of recommending whether a defendant should be released on OR. (Pen. Code, § 1318.1.)
This bill additionally authorizes a court, with the concurrence of the board of supervisors, to use a county pretrial agency staff for the purpose of recommending whether a defendant should be released on OR.
Existing law requires that whenever a court has employed an investigative staff, an investigative report shall be prepared in all cases involving a violent felony, as described in subdivision (c) of Section 667.5, or a felony in violation of subdivision (a) of Section 23153 of the Vehicle Code, recommending whether the defendant should be released on OR. The report shall include all of the following:
- Written verification of any outstanding warrants against the defendant;
- Written verification of any prior incidents where the defendant has failed to make a court appearance;
- Written verification of the criminal record of the defendant;
- Written verification of the residence of the defendant during the past year. (Pen. Code, § 1318.1, subd. (b).)
The bill authorizes an investigative report for every investigation by a court-employed investigative staff or a county pretrial agency staff.
This bill states that if a report is issued, the investigative staff may only include information relevant to the release of the defendant in the report. The investigative staff or county pretrial agency staff shall not solicit from the defendant any information regarding the circumstances of the alleged offense.
Existing law states that after the report is certified, it shall be submitted to the court for review prior to a hearing held in open court and until the prosecuting attorney is given notice and a reasonable opportunity to be heard on the matter of whether the defendant may be released on OR. (Pen. Code, § 1318.1.)
This bill removes certification of the report prior to submitting to the court for review.
This bill requires a copy of the report to be provided to the prosecuting attorney and the attorney for the defendant and states that the report shall not be further disclosed or disseminated to any other person or agency by the prosecuting attorney or the attorney for the defendant, unless the report is relevant evidence that is admissible as provided.
Existing law defines “state summary criminal history information” to mean the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. (Pen. Code, § 11105, subd. (a)(2)(A).)
Existing law requires the Department of Justice (DOJ) to maintain state summary criminal history information and requires such information to be furnished to specified entities in fulfilling employment, certification, or licensing duties as provided. (Pen. Code, § 11105, subd. (a) and (b).)
This bill authorizes DOJ to furnish state summary criminal history information to:
- County staff performing pretrial investigation and release services; and,
- A treatment provider, if disclosure is requested by county staff performing pretrial investigation and release services, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subject’s compliance with court-ordered conditions of pretrial release or diversion.
Existing law defines “local summary criminal history information” to mean the master record of information compiled by any local criminal justice agency pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (Pen. Code, § 13300, subd. (a)(1).)
Existing law defines a “local agency” to mean a local criminal justice agency. (Pen. Code,§ 13300, subd. (a)(3).)
Existing law defines “criminal justice agencies” as those agencies at all levels of government which perform as their principal functions, activities which either:
- Relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders; or,
- Relate to the collection, storage, dissemination or usage of criminal offender record information. (Pen. Code, § 13101.)
This bill adds pretrial investigation and release activities to the definition of “criminal justice agencies.”
Existing law requires a local agency to furnish local summary criminal history information to specified entities when needed in the course of their duties and when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties as provided.
This bill authorizes a local agency to furnish local summary criminal history information to:
- County staff performing pretrial investigation and release services; and,
- A treatment provider if disclosure is requested by county staff performing pretrial investigation and release services, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subject’s compliance with court-ordered conditions of pretrial release or diversion.
This bill contains the Legislative finding that preserving the confidentiality of pretrial records is critical to the success of pretrial services agencies because it ensures that clients are more likely to be candid with pretrial services staff, as has been recognized by the U.S. Congress and federal courts.
COMMENTS
- Need for This Bill
According to the author of this bill:
Traditionally, courts have used the county probation departments to provide pretrial services such as assessment of individual, background investigation, and reporting back to the courts. In a few counties, such as Los Angeles, their Board of Supervisors have created independent pretrial services departments to handle this work. Current law does not include the independent pretrial services departments, thus not allowing full access to information needed to analyze and report back to the courts. SB 987 fixes this problem by adding independent pretrial services departments into the definition of “criminal justice agency” authorizing them the same access to background criminal history from federal, state, and local agencies, thus allowing them to perform the same activities for the court that probation does.
- Background: Pretrial Services
When a person has been arrested for a crime and booked into jail custody, the person may be released from custody prior to trial proceedings either on bail, own recognizance, or supervised release with conditions. Persons who are not released pursuant to one of these avenues will remain in custody until the resolution of their case. Pretrial services is responsible for conducting pretrial risk assessments, making recommendations for pretrial release or detention, supervising and providing services to released individuals, and locating those who do not show up for court appearances. Existing law requires pretrial service agencies to validate their pretrial risk assessment tools no less than every three years and to specified information regarding the tool, including validation studies, publicly available. (Pen. Code, §1320.35.)
Although pretrial services have been around since the 1960s, bail has been the primary avenue for pretrial release. (Pretrial Risk Assessment in California, Public Policy Institute of California (Dec. 2019), p. 4.) Critics of the bail system argue that this system fails to protect public safety and gives wealthy people an advantage over people who cannot afford bail. In 2018, the First District Court of Appeals in San Francisco ruled that pretrial detention of a defendant solely due to inability to post bail is unconstitutional. (In re Humphrey (2018) 19 Cal.App.5th 1006.) The California Supreme Court upheld this ruling: “The common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional. Other conditions of release — such as electronic monitoring, regular check-ins with a pretrial case manager, community housing or shelter, and drug and alcohol treatment — can in many cases protect public and victim safety as well as assure the arrestee’s appearance at trial. What we hold is that where a financial condition is nonetheless necessary, the court must consider the arrestee’s ability to pay the stated amount of bail — and may not effectively detain the arrestee ‘solely because’ the arrestee ‘lacked the resources’ to post bail.” (In re Humphrey (2021) 11 Cal. 5th 135, 143.)
The Budget Act of 2019 (AB 74 (Ting), Ch. 23, Stats. 2019) earmarked $75 million to the Judicial Council to launch and evaluate two-year pretrial projects in local trial courts. The projects aimed to increase the safe and efficient release of arrestees before trial, use the least restrictive monitoring practices possible while protecting public safety and ensuring court appearances, validate and expand the use of risk assessment tools, and assess any bias. In August 2019, the Judicial Council approved and distributed funding to the 16 pilot projects selected for participation in the Pretrial Pilot Program. By the conclusion of the pilot program, 14 of 16 pilot projects had implemented a court date reminder system which provides text message and phone call notifications to all individuals as pretrial release. Initial data showed that court appearances after the implementation of a court date reminder system increased significantly. The final report on the Pretrial Pilot Program suggested an overall positive impact of the program including increased pretrial release and decreased booking/rearrest for misdemeanors and felonies. See https://www.courts.ca.gov/documents/Pretrial-Pilot-Program_Final-Report.pdf [as of Mar. 1, 2024].)
Following the pilot program, the Budget Act of 2021 (SB 129 (Skinner), Ch. 69, Stats. 2021) allocated ongoing funding to the Judicial Council for the implementation or expansion of pretrial programs in all California courts.
- Effect of This Legislation
This bill would provide that the court, with the concurrence of the county board of supervisors, may use a county pretrial agency, independent of the probation department, to provide pretrial services. In most counties, probation departments provide pretrial services however some counties use an independent pretrial services department to provide this service. Currently, San Francisco and Santa Clara are allowed to contract with the Office of Pretrial services to provide this service in their counties.
According to the sponsor of this bill, Los Angeles County has created a pretrial services department within their county that is independent of their probation department. While existing law does not prohibit using a county agency other than probation to provide these services, statutes that authorize access to criminal history records needed to conduct risk assessments do not authorize disclosure to this additional type of entity. This bill specifies that state and local summary criminal history information shall be disseminated to county staff performing pretrial investigation and release services and a treatment provider, if disclosure is requested by county staff performing pretrial investigation and release services, with the consent of the subject of the state summary criminal history, and for purposes of furthering the subject’s compliance with court-ordered conditions of pretrial release or diversion.
This bill also provides that if the court orders pretrial supervision as a condition of the defendant’s release from custody, the defendant shall not be charged any fees for pretrial supervision and require that information obtained in pretrial supervision services be maintained apart from law enforcement and criminal justice records. This bill also makes confidential, subject to specified exceptions, information that is obtained in the course of performing pretrial supervision. Notwithstanding any privilege afforded this information, this bill specifies that the information may be disclosed to specified entities such as the court, law enforcement and probation department to the extent necessary to carry out the stated purpose of disclosure. This bill specifies that if a report is made recommending whether a defendant should be released prior to trial proceedings, the report may only include information relevant to the release of the defendant and staff shall not solicit from the defendant any information regarding the circumstances of the alleged offense. A copy of the report shall be provided to the prosecuting attorney and attorney for the defendant but shall not be further disclosed or disseminated unless the report is relevant evidence and admissible as provided.
- Argument in Support
According to Los Angeles Regional Reentry Partnership (LARRP):
Existing law only allows pretrial work to be completed by Probation, the Courts, or other existing ‘criminal justice agencies’ and does not allow for an independent pretrial agency. The law defines “criminal justice agencies” as agencies that perform activities that relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders. Thus, independent pretrial agencies do not currently qualify as a “criminal justice agency,” which precludes these agencies from accessing criminal history information and implementing a single all-inclusive independent pretrial operation.
Additionally, current law does not protect information provided by defendants in pretrial services evaluations. SB 987 would make information provided by defendants in pretrial services investigations confidential, which will allow pretrial services interviewers to have more candid conversations with arrested individuals. This may help service providers identify and link clients to needed services and supports.
5. Argument in Opposition
According to Los Angeles County Deputy Probation Officers’ Union, AFSCME Local 685:
The process for evaluating and recommending appropriate programs for those who have been arrested and awaiting trial is thorough and comprehensive. When a person is arrested, they may be held in custody or released while they wait for their case to be resolved (i.e. during the pretrial period). Whether a release occurs and at what step in the pretrial process it happens are determined by a series of decisions made by pretrial administrative professionals and the Courts.
Their decisions are influenced by statute and other factors, including a determination whether they are at low-, medium-, or high-risk of hurting someone else if they are released, or missing future court appearances if they are released on their own recognizance. Further, with the recent and ongoing developments in bail reform in the County of Los Angeles, individuals who are arrested for misdemeanors and most non-violent felonies are generally released with an order to appear in court later. Probation department professionals within the pre-trial program in Los Angeles are granted access to Department of Justice criminal records background information for individuals who are arrested and under consideration for pretrial release. Criminal records and access to the DOJ databases are historically among the State’s most protected and restricted resources. Given the potential for abuse, allowing an outside entity access is a slippery slope and dangerous.
The recommendations provided by the pretrial assessment process do not replace judicial discretion and decision-making. They are additional pieces of information provided to the judge to use in his or her release decision. Judges can, and do, decide to release persons assessed as high risk and, conversely, opt to detain those assessed as low-to-medium risk.
As experts in assessing and mitigating risk, probation is a natural choice for pretrial assessment and monitoring functions. Our Pre-Trial officers are familiar with the role of assessments in the criminal justice system as well as providing recommendations and reports to the court. Probation has the expertise needed for successful pretrial services that protect public safety while also mitigating disruptions to positive social engagement for low-risk offenders.
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Discussed in Hearing
18SEC
Assembly Standing Committee on Appropriations
28MIN
Assembly Standing Committee on Public Safety
2MIN
Senate Floor
17MIN
Senate Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):