Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2568Introduced by Assembly Member ReyesFebruary 15, 2018 An act to amend Section 851.6 of the Penal Code, relating to detentions. add Section 4001.2 to the Penal Code, relating to jails.LEGISLATIVE COUNSEL'S DIGESTAB 2568, as amended, Reyes. Detentions: certificate of release. County jails: veterans.Existing law authorizes county jails to be used for specified purposes, including the detention of persons charged with crimes and committed for trial. Existing law authorizes a court to place defendants who are current or former members of the United States military and suffering from specified conditions in a pretrial diversion program.This bill would require county jails to, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military. The bill would additionally require that the county jail make this case summary available to the person, his or her counsel, and the district attorney. By increasing the duties of county jails, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires a person who is arrested and released without being charged to be issued a certificate describing the action as a detention and requires any reference to the action as an arrest to be deleted from the arrest records of the arresting agency and the Department of Justice. Existing law requires the Attorney General to prescribe the form and content of the certificate.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4001.2 is added to the Penal Code, to read:4001.2. (a) Each county jail shall, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military.(b) The county jail shall make this case summary available to the person, his or her counsel, and the district attorney.(c) This section shall become operative on January 1, 2020.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 851.6 of the Penal Code is amended to read:851.6.(a)In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention.(b)In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency that arrested him or her describing the action as a detention.(c)The Attorney General shall prescribe the form and content of the certificate.(d)Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any record of the action shall refer to it as a detention.
Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2568Introduced by Assembly Member ReyesFebruary 15, 2018 An act to amend Section 851.6 of the Penal Code, relating to detentions. add Section 4001.2 to the Penal Code, relating to jails.LEGISLATIVE COUNSEL'S DIGESTAB 2568, as amended, Reyes. Detentions: certificate of release. County jails: veterans.Existing law authorizes county jails to be used for specified purposes, including the detention of persons charged with crimes and committed for trial. Existing law authorizes a court to place defendants who are current or former members of the United States military and suffering from specified conditions in a pretrial diversion program.This bill would require county jails to, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military. The bill would additionally require that the county jail make this case summary available to the person, his or her counsel, and the district attorney. By increasing the duties of county jails, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires a person who is arrested and released without being charged to be issued a certificate describing the action as a detention and requires any reference to the action as an arrest to be deleted from the arrest records of the arresting agency and the Department of Justice. Existing law requires the Attorney General to prescribe the form and content of the certificate.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 22, 2018
Amended IN Assembly March 22, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2568
Introduced by Assembly Member ReyesFebruary 15, 2018
Introduced by Assembly Member Reyes
February 15, 2018
An act to amend Section 851.6 of the Penal Code, relating to detentions. add Section 4001.2 to the Penal Code, relating to jails.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2568, as amended, Reyes. Detentions: certificate of release. County jails: veterans.
Existing law authorizes county jails to be used for specified purposes, including the detention of persons charged with crimes and committed for trial. Existing law authorizes a court to place defendants who are current or former members of the United States military and suffering from specified conditions in a pretrial diversion program.This bill would require county jails to, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military. The bill would additionally require that the county jail make this case summary available to the person, his or her counsel, and the district attorney. By increasing the duties of county jails, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires a person who is arrested and released without being charged to be issued a certificate describing the action as a detention and requires any reference to the action as an arrest to be deleted from the arrest records of the arresting agency and the Department of Justice. Existing law requires the Attorney General to prescribe the form and content of the certificate.This bill would make a technical, nonsubstantive change to these provisions.
Existing law authorizes county jails to be used for specified purposes, including the detention of persons charged with crimes and committed for trial. Existing law authorizes a court to place defendants who are current or former members of the United States military and suffering from specified conditions in a pretrial diversion program.
This bill would require county jails to, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military. The bill would additionally require that the county jail make this case summary available to the person, his or her counsel, and the district attorney. By increasing the duties of county jails, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a person who is arrested and released without being charged to be issued a certificate describing the action as a detention and requires any reference to the action as an arrest to be deleted from the arrest records of the arresting agency and the Department of Justice. Existing law requires the Attorney General to prescribe the form and content of the certificate.
This bill would make a technical, nonsubstantive change to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4001.2 is added to the Penal Code, to read:4001.2. (a) Each county jail shall, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military.(b) The county jail shall make this case summary available to the person, his or her counsel, and the district attorney.(c) This section shall become operative on January 1, 2020.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 851.6 of the Penal Code is amended to read:851.6.(a)In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention.(b)In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency that arrested him or her describing the action as a detention.(c)The Attorney General shall prescribe the form and content of the certificate.(d)Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any record of the action shall refer to it as a detention.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4001.2 is added to the Penal Code, to read:4001.2. (a) Each county jail shall, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military.(b) The county jail shall make this case summary available to the person, his or her counsel, and the district attorney.(c) This section shall become operative on January 1, 2020.
SECTION 1. Section 4001.2 is added to the Penal Code, to read:
### SECTION 1.
4001.2. (a) Each county jail shall, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military.(b) The county jail shall make this case summary available to the person, his or her counsel, and the district attorney.(c) This section shall become operative on January 1, 2020.
4001.2. (a) Each county jail shall, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military.(b) The county jail shall make this case summary available to the person, his or her counsel, and the district attorney.(c) This section shall become operative on January 1, 2020.
4001.2. (a) Each county jail shall, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military.(b) The county jail shall make this case summary available to the person, his or her counsel, and the district attorney.(c) This section shall become operative on January 1, 2020.
4001.2. (a) Each county jail shall, upon detention of a person, perform a case summary that includes, but is not limited to, checking if the person has served in the United States military.
(b) The county jail shall make this case summary available to the person, his or her counsel, and the district attorney.
(c) This section shall become operative on January 1, 2020.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.
(a)In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention.
(b)In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency that arrested him or her describing the action as a detention.
(c)The Attorney General shall prescribe the form and content of the certificate.
(d)Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any record of the action shall refer to it as a detention.