California 2011 2011-2012 Regular Session

California Senate Bill SB678 Amended / Bill

Filed 04/25/2011

 BILL NUMBER: SB 678AMENDED BILL TEXT AMENDED IN SENATE APRIL 25, 2011 INTRODUCED BY Senator Negrete McLeod FEBRUARY 18, 2011 An act to add Section 1203.83 to the Penal Code, relating to probation. LEGISLATIVE COUNSEL'S DIGEST SB 678, as amended, Negrete McLeod. Probation: community corrections multidisciplinary teams. Existing law authorizes the members of multidisciplinary teams engaged in the prevention, identification, and control of juvenile crime to share certain information with each other, as specified. This bill would, in addition, authorize  the members of   counties, for purposes of providing evidence-based practices and supervision to convene  community corrections multidisciplinary teams engaged in providing community corrections supervision, treatment, and services  , to exchange nonprivileged information and writings with one another relating to incidents of adult crime  , as specified. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1203.83 is added to the Penal Code, to read: 1203.83. (a)  Notwithstanding any other provision of law, members of a community corrections multidisciplinary team may disclose and exchange nonprivileged information and writings to and with one another relating to any incidents of adult crime that may be part of an adult court record or designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to providing community corrections supervision and services.   Counties are authorized to convene community corrections multidisciplinary teams for purposes of providing   evidence-based practices and supervision.  Every member of a community corrections multidisciplinary team who receives  that   nonprivileged  information or writings shall be under the same privacy and confidentiality obligations and subject to the same penalties for violating those obligations as the person disclosing or providing the information or writings. The information obtained shall be maintained in a manner that ensures the protection of confidentiality. (b) As used in this section, "nonprivileged information" means any information not subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. (c) As used in this section, "community corrections" means the placement of persons convicted of a felony offense under probation supervision, with conditions imposed by a court for a specified period. (d) As used in this section, "multidisciplinary team" means any team of three or more persons, the members of which are engaged in providing community corrections supervision, treatment, and services. The team may include, but is not limited to: (1) Probation officers. (2) Police officers, sheriffs' deputies, and other law enforcement officers. (3) Social workers. (4) Health and mental health providers. (5) Substance abuse treatment providers. (6) Education professionals. (7) Employment coordinators. (8) Representatives from community-based organizations with experience in successfully providing rehabilitative services.  (e) As used in this section, "evidence-based practices" means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease supervision.   (f) This section shall not be construed to independently authorize access to, or possession of, information from local, state, or federal information systems or databases that multidisciplinary team members are authorized to access or possess in the course of their duties.