California Assembly Bill AB807 Amended / Bill

 BILL NUMBER: AB 807AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 21, 2013 INTRODUCED BY Assembly Member Ammiano FEBRUARY 21, 2013 An act to amend  Section 1202.7   Sections 13010.5, 13012, and 13012.5  of the Penal Code, relating to  probation.   criminal justice statistics.  LEGISLATIVE COUNSEL'S DIGEST AB 807, as amended, Ammiano.  Probation services.   Criminal justice statistics.   Existing law requires the Department of Justice to collect specified criminal justice information from local law enforcement agencies, to tabulate, analyze, and interpret the collected data, and to prepare an annual report presenting the criminal justice statistics for the previous year.   This bill would require the Department of Justice to include in the annual report additional statistical information relating to complaints received by law enforcement agencies, as specified, and criminal convictions of peace officers. The bill would also make technical, nonsubstantive changes.   Existing law makes specified findings relating to the provision of probation services, including the primary considerations in the granting of probation.   This bill would make technical, nonsubstantive changes to these provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 13010.5 of the   Penal Code   is amended to read:  13010.5. The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department in complying with the reporting requirement of  subdivisions (c) and (d)   paragraphs (3) and (4) of subdivision (a)  of Section 13012, measuring the extent of juvenile delinquency, determining the need for and effectiveness of relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information which may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code.  SEC. 2.   Section 13012 of the   Penal Code   is amended to read:  13012.  (a)    The annual report of the department provided for in Section 13010 shall contain statistics showing all of the following:  (a)  (   1)  The amount and the types of offenses known to the public authorities.  (b)   (   2)  The personal and social characteristics of criminals and delinquents.  (c)   (   3)  The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents.  (d)   (   4)  The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court.  (e) The number of citizens' complaints received by law enforcement agencies under Section 832.5. These statistics shall indicate the total number of these complaints, the number alleging criminal conduct of either a felony or misdemeanor, and the number sustained in each category. The report shall not contain a reference to any individual agency but shall be by gross numbers only.   (5) (A) The total number of each of the following:   (i) Citizen's complaints received by law enforcement agencies under Section 832.5.   (ii) Complaints received by law enforcement agencies against the personnel of a department or agency that employs peace officers that are made by that personnel's supervisor or by the personnel of another department or agency that employs peace officers.   (iii) Complaints received by law enforcement agencies against the personnel of a department or agency that employs peace officers in which the identity of the complainant is unknown.   (B) The department shall categorize each complaint into one of the categories identified in clauses (i) to (ix), inclusive, and report the number of complaints received by law enforcement agencies within each of those categories.   (i) "Excessive force," which means a complaint regarding the use or threatened use of excessive force against a person.   (ii) "Improper arrest," which means a complaint that the restraint of a person's liberty was improper or unjust, or violated the person' s civil liberties.   (iii) "Improper entry," which means a complaint that the entry into a building or onto property was improper or that excessive force was used against property to gain entrance into a building or onto property.   (iv) "Improper search," which means a complaint that the search of a person or property was improper.   (v) "Other criminal violation," which means a complaint regarding the commission of an illegal act not otherwise specified.   (vi) "Differential treatment," which means a complaint that the taking, failure to take, or method of police action was predicated upon irrelevant factors, including, but not limited to, race, appearance, age, or sex.   (vii) "Demeanor," which means a complaint that the personnel's bearing, gestures, language, or other characteristics or actions were inappropriate.   (viii) "Other rule violation," which means a complaint for conduct that violates agency rules, but that is not encompassed in a category specified in clauses (i) to (vii), inclusive.   (C) The statistics required to be reported pursuant to this paragraph shall indicate, within each category of complaint identified in subparagraph (B), the number of complaints within each of the following disposition categories:   (i) "Sustained," which means that the investigation disclosed sufficient evidence to prove the truth of the allegation in the complaint by a preponderance of the evidence.   (ii) "Exonerated," which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.   (iii) "Not sustained," which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.   (iv) "Unfounded," which means that the investigation clearly established that the allegation is not true.   (D) The statistics required to be reported pursuant to this paragraph shall be reported for each individual law enforcement agency.   (6) The total number of felony and misdemeanor convictions incurred by peace officers for conduct occurring either on- or off-duty.   It   (b)     It  shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. The report shall also include statistics which are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned.  SEC. 3.   Section 13012.5 of the   Penal Code   is amended to read:  13012.5. (a) The annual report published by the department under Section 13010 shall, in regard to the contents required by subdivision (d) of Section 13012, include the following statewide information: (1) The annual number of fitness hearings held in the juvenile courts under Section 707 of the Welfare and Institutions Code, and the outcomes of those hearings including orders to remand to adult criminal court, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are the subject of those fitness hearings. (2) The annual number of minors whose cases are filed directly in adult criminal court under Sections 602.5 and 707 of the Welfare and Institutions Code, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are filed directly to the adult criminal court. (3) The outcomes of cases involving minors who are prosecuted in adult criminal courts, regardless of how adult court jurisdiction was initiated, including whether the minor was acquitted or convicted, or whether the case was dismissed and returned to juvenile court, including sentencing outcomes, cross-referenced with the age, gender, ethnicity, and offense of the minors subject to these court actions. (b) The department's annual report published under Section 13010 shall include the information described in  subdivision (d)   paragraph (4) of subdivision (a)  of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2003, for the preceding calendar year.  SECTION 1.   Section 1202.7 of the Penal Code is amended to read: 1202.7. (a) The Legislature finds and declares that the provision of probation services is an essential element in the administration of criminal justice. (b) The primary considerations in the granting of probation shall be the safety of the public, which shall be a primary goal through the enforcement of court-ordered conditions of probation; the nature of the offense; the interests of justice, including punishment, reintegration of the offender into the community, and enforcement of conditions of probation; the loss to the victim; and the needs of the defendant. (c) It is the intent of the Legislature that efforts be made to engage in treatment persons who are subject to Section 290.011 and who are on probation.