| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2706Introduced by Assembly Member LevineFebruary 18, 2022 An act to add and repeal Article 4.5 (commencing with Section 12555) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, relating to justice. LEGISLATIVE COUNSEL'S DIGESTAB 2706, as introduced, Levine. Innocence Commission Pilot Programs.Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes the office of the Attorney General to prosecute crimes at the state level and to provide technical assistance to local law enforcement, including district attorneys offices.This bill, until January 1, 2026, would require the Attorney General to choose 3 counties in which to establish Innocence Commission Pilot Programs to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. The bill would require participating district attorneys offices to establish an Innocence Commission, to review cases submitted to it to determine if a person is factually innocent, has been wrongfully committed, or should receive relief in the interest of justice, as specified. The bill would require participating district attorneys offices to track specified metrics and to report them to the Attorney Generals office quarterly. The bill would require the Attorney Generals office to submit annual progress reports to the Legislature by January 31 of each year until 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 4.5 (commencing with Section 12555) is added to Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. (b) Each participating district attorneys office shall do all of the following:(1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence, wrongful conviction, or excessive sentences. The commission shall be composed of at least six members, appointed by the district attorney, who represent a cross section of the criminal justice system.(A) Members may include, but shall not be limited to, an individual from academia, an assistant district attorney, an assistant public defender, a retired judge, a medical or mental health professional, and a representative from an innocence project or other nonprofit or community-based organization dedicated to criminal justice reform or postconviction litigation.(B) Members shall be chosen for their professional experience, commitment to public service, and willingness to exercise independence.(C) Members shall have experience with criminal law, forensic issues, or postconviction litigation, although experts may be brought in, as needed, to provide additional technical assistance.(D) The chairperson of the commission shall be chosen from the appointed members by the district attorney.(E) The commission shall meet at least bimonthly, but may schedule additional meetings as necessary.(2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error, or who are serving an excessive sentence. 12555.2. (a) The commission shall review cases submitted to it for review by petitioners, defense counsel, or other nonprofit or community-based organizations dedicated to criminal justice reform or postconviction litigation.(b) Cases may be reviewed for any one or more of the following reasons:(1) Actual innocence, in that the applicant alleges a plausible claim that they are actually innocent of one or more crimes of conviction.(2) Wrongful conviction, in that the applicant alleges that a constitutional error in the trial, including, but not limited to, the presentation of false scientific evidence, coerced testimony, ineffective assistance of counsel, whether at trial or during plea negotiations, or prosecutorial misconduct rendered the conviction fundamentally unfair.(3) The chairperson of the commission may choose to undertake an investigation of a case that does not meet the criteria in paragraph (1) or (2) if doing so is in the interests of justice.(c) The commission shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(d) The superior court shall designate a judge to oversee this process and resolve disputes.(e) (1) After review, the commission shall make a recommendation to the district attorneys office as to the disposition of the case.(2) This article does not limit the discretion or authority granted to district attorneys under Section 1170.03 of the Penal Code, the California Constitution, and the relevant case law and statutes defining that authority. In all instances, the district attorney will make the final decision whether it is in the interests of justice for the office to seek relief from an applicants conviction or sentence.(3) A district attorneys decision to seek relief from the court based on a recommendation from the commission shall be entitled to great deference by the court.12555.4. (a) Each participating district attorneys office shall track the following measures, using a template provided by the Attorney General:(1) The factors and criteria used to identify cases to be considered for investigation and review by the commission.(2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence.(5) The total number of cases for which the recommended relief from a conviction or sentence was denied by the court, and for each case, the date of the denial, the reason for the denial, and information on the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(6) A summary of any implementation delays or challenges, as well as steps being taken to address them.(b) The Attorney General shall have the template required pursuant to subdivision (a) available on or before March 1, 2023. The template shall include a set of definitions so that data reported at the case level by each commission can be evaluated effectively.(c) The participating district attorneys offices shall report the data required by subdivision (a) to the Attorney General on a quarterly basis.12555.6. (a) The Attorney General shall collect the data reported by the participating district attorneys office in Section 12555.4 and create an annual progress report that allows for comparison between the participating programs.(b) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the Attorney Generals analysis.(c) The Attorney General shall submit the annual report to the Legislature, commencing January 31, 2024, and each January 31 thereafter.(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.12555.8. The pilot programs shall run from January 1, 2023, through January 1, 2026, inclusive. The final report required pursuant to Section 12555.6 shall be submitted on or before January 31, 2026.This article shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2706Introduced by Assembly Member LevineFebruary 18, 2022 An act to add and repeal Article 4.5 (commencing with Section 12555) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, relating to justice. LEGISLATIVE COUNSEL'S DIGESTAB 2706, as introduced, Levine. Innocence Commission Pilot Programs.Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes the office of the Attorney General to prosecute crimes at the state level and to provide technical assistance to local law enforcement, including district attorneys offices.This bill, until January 1, 2026, would require the Attorney General to choose 3 counties in which to establish Innocence Commission Pilot Programs to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. The bill would require participating district attorneys offices to establish an Innocence Commission, to review cases submitted to it to determine if a person is factually innocent, has been wrongfully committed, or should receive relief in the interest of justice, as specified. The bill would require participating district attorneys offices to track specified metrics and to report them to the Attorney Generals office quarterly. The bill would require the Attorney Generals office to submit annual progress reports to the Legislature by January 31 of each year until 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 04, 2022 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly April 04, 2022 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2706 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member LevineFebruary 18, 2022 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Levine | |
| 18 | 18 | February 18, 2022 | |
| 19 | 19 | ||
| 20 | 20 | An act to add and repeal Article 4.5 (commencing with Section 12555) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, relating to justice. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2706, as | |
| 26 | + | AB 2706, as introduced, Levine. Innocence Commission Pilot Programs. | |
| 27 | 27 | ||
| 28 | - | Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes the office of the Attorney General to prosecute crimes at the state level and to provide technical assistance to local law enforcement, including district attorneys offices.This bill, until January 1, 2026, would require the Attorney General to choose 3 counties in which to establish Innocence Commission Pilot Programs to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 28 | + | Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes the office of the Attorney General to prosecute crimes at the state level and to provide technical assistance to local law enforcement, including district attorneys offices.This bill, until January 1, 2026, would require the Attorney General to choose 3 counties in which to establish Innocence Commission Pilot Programs to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. The bill would require participating district attorneys offices to establish an Innocence Commission, to review cases submitted to it to determine if a person is factually innocent, has been wrongfully committed, or should receive relief in the interest of justice, as specified. The bill would require participating district attorneys offices to track specified metrics and to report them to the Attorney Generals office quarterly. The bill would require the Attorney Generals office to submit annual progress reports to the Legislature by January 31 of each year until 2026. | |
| 29 | 29 | ||
| 30 | 30 | Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes the office of the Attorney General to prosecute crimes at the state level and to provide technical assistance to local law enforcement, including district attorneys offices. | |
| 31 | 31 | ||
| 32 | - | This bill, until January 1, 2026, would require the Attorney General to choose 3 counties in which to establish Innocence Commission Pilot Programs to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 32 | + | This bill, until January 1, 2026, would require the Attorney General to choose 3 counties in which to establish Innocence Commission Pilot Programs to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. The bill would require participating district attorneys offices to establish an Innocence Commission, to review cases submitted to it to determine if a person is factually innocent, has been wrongfully committed, or should receive relief in the interest of justice, as specified. | |
| 33 | 33 | ||
| 34 | 34 | The bill would require participating district attorneys offices to track specified metrics and to report them to the Attorney Generals office quarterly. The bill would require the Attorney Generals office to submit annual progress reports to the Legislature by January 31 of each year until 2026. | |
| 35 | 35 | ||
| 36 | 36 | ## Digest Key | |
| 37 | 37 | ||
| 38 | 38 | ## Bill Text | |
| 39 | 39 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Article 4.5 (commencing with Section 12555) is added to Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Article 4.5 (commencing with Section 12555) is added to Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. (b) Each participating district attorneys office shall do all of the following:(1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence, wrongful conviction, or excessive sentences. The commission shall be composed of at least six members, appointed by the district attorney, who represent a cross section of the criminal justice system.(A) Members may include, but shall not be limited to, an individual from academia, an assistant district attorney, an assistant public defender, a retired judge, a medical or mental health professional, and a representative from an innocence project or other nonprofit or community-based organization dedicated to criminal justice reform or postconviction litigation.(B) Members shall be chosen for their professional experience, commitment to public service, and willingness to exercise independence.(C) Members shall have experience with criminal law, forensic issues, or postconviction litigation, although experts may be brought in, as needed, to provide additional technical assistance.(D) The chairperson of the commission shall be chosen from the appointed members by the district attorney.(E) The commission shall meet at least bimonthly, but may schedule additional meetings as necessary.(2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error, or who are serving an excessive sentence. 12555.2. (a) The commission shall review cases submitted to it for review by petitioners, defense counsel, or other nonprofit or community-based organizations dedicated to criminal justice reform or postconviction litigation.(b) Cases may be reviewed for any one or more of the following reasons:(1) Actual innocence, in that the applicant alleges a plausible claim that they are actually innocent of one or more crimes of conviction.(2) Wrongful conviction, in that the applicant alleges that a constitutional error in the trial, including, but not limited to, the presentation of false scientific evidence, coerced testimony, ineffective assistance of counsel, whether at trial or during plea negotiations, or prosecutorial misconduct rendered the conviction fundamentally unfair.(3) The chairperson of the commission may choose to undertake an investigation of a case that does not meet the criteria in paragraph (1) or (2) if doing so is in the interests of justice.(c) The commission shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(d) The superior court shall designate a judge to oversee this process and resolve disputes.(e) (1) After review, the commission shall make a recommendation to the district attorneys office as to the disposition of the case.(2) This article does not limit the discretion or authority granted to district attorneys under Section 1170.03 of the Penal Code, the California Constitution, and the relevant case law and statutes defining that authority. In all instances, the district attorney will make the final decision whether it is in the interests of justice for the office to seek relief from an applicants conviction or sentence.(3) A district attorneys decision to seek relief from the court based on a recommendation from the commission shall be entitled to great deference by the court.12555.4. (a) Each participating district attorneys office shall track the following measures, using a template provided by the Attorney General:(1) The factors and criteria used to identify cases to be considered for investigation and review by the commission.(2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence.(5) The total number of cases for which the recommended relief from a conviction or sentence was denied by the court, and for each case, the date of the denial, the reason for the denial, and information on the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(6) A summary of any implementation delays or challenges, as well as steps being taken to address them.(b) The Attorney General shall have the template required pursuant to subdivision (a) available on or before March 1, 2023. The template shall include a set of definitions so that data reported at the case level by each commission can be evaluated effectively.(c) The participating district attorneys offices shall report the data required by subdivision (a) to the Attorney General on a quarterly basis.12555.6. (a) The Attorney General shall collect the data reported by the participating district attorneys office in Section 12555.4 and create an annual progress report that allows for comparison between the participating programs.(b) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the Attorney Generals analysis.(c) The Attorney General shall submit the annual report to the Legislature, commencing January 31, 2024, and each January 31 thereafter.(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.12555.8. The pilot programs shall run from January 1, 2023, through January 1, 2026, inclusive. The final report required pursuant to Section 12555.6 shall be submitted on or before January 31, 2026.This article shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 41 | 41 | ||
| 42 | 42 | The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | 44 | ## The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | - | SECTION 1. Article 4.5 (commencing with Section 12555) is added to Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 46 | + | SECTION 1. Article 4.5 (commencing with Section 12555) is added to Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. (b) Each participating district attorneys office shall do all of the following:(1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence, wrongful conviction, or excessive sentences. The commission shall be composed of at least six members, appointed by the district attorney, who represent a cross section of the criminal justice system.(A) Members may include, but shall not be limited to, an individual from academia, an assistant district attorney, an assistant public defender, a retired judge, a medical or mental health professional, and a representative from an innocence project or other nonprofit or community-based organization dedicated to criminal justice reform or postconviction litigation.(B) Members shall be chosen for their professional experience, commitment to public service, and willingness to exercise independence.(C) Members shall have experience with criminal law, forensic issues, or postconviction litigation, although experts may be brought in, as needed, to provide additional technical assistance.(D) The chairperson of the commission shall be chosen from the appointed members by the district attorney.(E) The commission shall meet at least bimonthly, but may schedule additional meetings as necessary.(2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error, or who are serving an excessive sentence. 12555.2. (a) The commission shall review cases submitted to it for review by petitioners, defense counsel, or other nonprofit or community-based organizations dedicated to criminal justice reform or postconviction litigation.(b) Cases may be reviewed for any one or more of the following reasons:(1) Actual innocence, in that the applicant alleges a plausible claim that they are actually innocent of one or more crimes of conviction.(2) Wrongful conviction, in that the applicant alleges that a constitutional error in the trial, including, but not limited to, the presentation of false scientific evidence, coerced testimony, ineffective assistance of counsel, whether at trial or during plea negotiations, or prosecutorial misconduct rendered the conviction fundamentally unfair.(3) The chairperson of the commission may choose to undertake an investigation of a case that does not meet the criteria in paragraph (1) or (2) if doing so is in the interests of justice.(c) The commission shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(d) The superior court shall designate a judge to oversee this process and resolve disputes.(e) (1) After review, the commission shall make a recommendation to the district attorneys office as to the disposition of the case.(2) This article does not limit the discretion or authority granted to district attorneys under Section 1170.03 of the Penal Code, the California Constitution, and the relevant case law and statutes defining that authority. In all instances, the district attorney will make the final decision whether it is in the interests of justice for the office to seek relief from an applicants conviction or sentence.(3) A district attorneys decision to seek relief from the court based on a recommendation from the commission shall be entitled to great deference by the court.12555.4. (a) Each participating district attorneys office shall track the following measures, using a template provided by the Attorney General:(1) The factors and criteria used to identify cases to be considered for investigation and review by the commission.(2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence.(5) The total number of cases for which the recommended relief from a conviction or sentence was denied by the court, and for each case, the date of the denial, the reason for the denial, and information on the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(6) A summary of any implementation delays or challenges, as well as steps being taken to address them.(b) The Attorney General shall have the template required pursuant to subdivision (a) available on or before March 1, 2023. The template shall include a set of definitions so that data reported at the case level by each commission can be evaluated effectively.(c) The participating district attorneys offices shall report the data required by subdivision (a) to the Attorney General on a quarterly basis.12555.6. (a) The Attorney General shall collect the data reported by the participating district attorneys office in Section 12555.4 and create an annual progress report that allows for comparison between the participating programs.(b) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the Attorney Generals analysis.(c) The Attorney General shall submit the annual report to the Legislature, commencing January 31, 2024, and each January 31 thereafter.(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.12555.8. The pilot programs shall run from January 1, 2023, through January 1, 2026, inclusive. The final report required pursuant to Section 12555.6 shall be submitted on or before January 31, 2026.This article shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 47 | 47 | ||
| 48 | 48 | SECTION 1. Article 4.5 (commencing with Section 12555) is added to Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: | |
| 49 | 49 | ||
| 50 | 50 | ### SECTION 1. | |
| 51 | 51 | ||
| 52 | - | Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 52 | + | Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. (b) Each participating district attorneys office shall do all of the following:(1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence, wrongful conviction, or excessive sentences. The commission shall be composed of at least six members, appointed by the district attorney, who represent a cross section of the criminal justice system.(A) Members may include, but shall not be limited to, an individual from academia, an assistant district attorney, an assistant public defender, a retired judge, a medical or mental health professional, and a representative from an innocence project or other nonprofit or community-based organization dedicated to criminal justice reform or postconviction litigation.(B) Members shall be chosen for their professional experience, commitment to public service, and willingness to exercise independence.(C) Members shall have experience with criminal law, forensic issues, or postconviction litigation, although experts may be brought in, as needed, to provide additional technical assistance.(D) The chairperson of the commission shall be chosen from the appointed members by the district attorney.(E) The commission shall meet at least bimonthly, but may schedule additional meetings as necessary.(2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error, or who are serving an excessive sentence. 12555.2. (a) The commission shall review cases submitted to it for review by petitioners, defense counsel, or other nonprofit or community-based organizations dedicated to criminal justice reform or postconviction litigation.(b) Cases may be reviewed for any one or more of the following reasons:(1) Actual innocence, in that the applicant alleges a plausible claim that they are actually innocent of one or more crimes of conviction.(2) Wrongful conviction, in that the applicant alleges that a constitutional error in the trial, including, but not limited to, the presentation of false scientific evidence, coerced testimony, ineffective assistance of counsel, whether at trial or during plea negotiations, or prosecutorial misconduct rendered the conviction fundamentally unfair.(3) The chairperson of the commission may choose to undertake an investigation of a case that does not meet the criteria in paragraph (1) or (2) if doing so is in the interests of justice.(c) The commission shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(d) The superior court shall designate a judge to oversee this process and resolve disputes.(e) (1) After review, the commission shall make a recommendation to the district attorneys office as to the disposition of the case.(2) This article does not limit the discretion or authority granted to district attorneys under Section 1170.03 of the Penal Code, the California Constitution, and the relevant case law and statutes defining that authority. In all instances, the district attorney will make the final decision whether it is in the interests of justice for the office to seek relief from an applicants conviction or sentence.(3) A district attorneys decision to seek relief from the court based on a recommendation from the commission shall be entitled to great deference by the court.12555.4. (a) Each participating district attorneys office shall track the following measures, using a template provided by the Attorney General:(1) The factors and criteria used to identify cases to be considered for investigation and review by the commission.(2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence.(5) The total number of cases for which the recommended relief from a conviction or sentence was denied by the court, and for each case, the date of the denial, the reason for the denial, and information on the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(6) A summary of any implementation delays or challenges, as well as steps being taken to address them.(b) The Attorney General shall have the template required pursuant to subdivision (a) available on or before March 1, 2023. The template shall include a set of definitions so that data reported at the case level by each commission can be evaluated effectively.(c) The participating district attorneys offices shall report the data required by subdivision (a) to the Attorney General on a quarterly basis.12555.6. (a) The Attorney General shall collect the data reported by the participating district attorneys office in Section 12555.4 and create an annual progress report that allows for comparison between the participating programs.(b) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the Attorney Generals analysis.(c) The Attorney General shall submit the annual report to the Legislature, commencing January 31, 2024, and each January 31 thereafter.(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.12555.8. The pilot programs shall run from January 1, 2023, through January 1, 2026, inclusive. The final report required pursuant to Section 12555.6 shall be submitted on or before January 31, 2026.This article shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 53 | 53 | ||
| 54 | - | Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 54 | + | Article 4.5. Innocence Commission Pilot Programs12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. (b) Each participating district attorneys office shall do all of the following:(1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence, wrongful conviction, or excessive sentences. The commission shall be composed of at least six members, appointed by the district attorney, who represent a cross section of the criminal justice system.(A) Members may include, but shall not be limited to, an individual from academia, an assistant district attorney, an assistant public defender, a retired judge, a medical or mental health professional, and a representative from an innocence project or other nonprofit or community-based organization dedicated to criminal justice reform or postconviction litigation.(B) Members shall be chosen for their professional experience, commitment to public service, and willingness to exercise independence.(C) Members shall have experience with criminal law, forensic issues, or postconviction litigation, although experts may be brought in, as needed, to provide additional technical assistance.(D) The chairperson of the commission shall be chosen from the appointed members by the district attorney.(E) The commission shall meet at least bimonthly, but may schedule additional meetings as necessary.(2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error, or who are serving an excessive sentence. 12555.2. (a) The commission shall review cases submitted to it for review by petitioners, defense counsel, or other nonprofit or community-based organizations dedicated to criminal justice reform or postconviction litigation.(b) Cases may be reviewed for any one or more of the following reasons:(1) Actual innocence, in that the applicant alleges a plausible claim that they are actually innocent of one or more crimes of conviction.(2) Wrongful conviction, in that the applicant alleges that a constitutional error in the trial, including, but not limited to, the presentation of false scientific evidence, coerced testimony, ineffective assistance of counsel, whether at trial or during plea negotiations, or prosecutorial misconduct rendered the conviction fundamentally unfair.(3) The chairperson of the commission may choose to undertake an investigation of a case that does not meet the criteria in paragraph (1) or (2) if doing so is in the interests of justice.(c) The commission shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(d) The superior court shall designate a judge to oversee this process and resolve disputes.(e) (1) After review, the commission shall make a recommendation to the district attorneys office as to the disposition of the case.(2) This article does not limit the discretion or authority granted to district attorneys under Section 1170.03 of the Penal Code, the California Constitution, and the relevant case law and statutes defining that authority. In all instances, the district attorney will make the final decision whether it is in the interests of justice for the office to seek relief from an applicants conviction or sentence.(3) A district attorneys decision to seek relief from the court based on a recommendation from the commission shall be entitled to great deference by the court.12555.4. (a) Each participating district attorneys office shall track the following measures, using a template provided by the Attorney General:(1) The factors and criteria used to identify cases to be considered for investigation and review by the commission.(2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence.(5) The total number of cases for which the recommended relief from a conviction or sentence was denied by the court, and for each case, the date of the denial, the reason for the denial, and information on the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(6) A summary of any implementation delays or challenges, as well as steps being taken to address them.(b) The Attorney General shall have the template required pursuant to subdivision (a) available on or before March 1, 2023. The template shall include a set of definitions so that data reported at the case level by each commission can be evaluated effectively.(c) The participating district attorneys offices shall report the data required by subdivision (a) to the Attorney General on a quarterly basis.12555.6. (a) The Attorney General shall collect the data reported by the participating district attorneys office in Section 12555.4 and create an annual progress report that allows for comparison between the participating programs.(b) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the Attorney Generals analysis.(c) The Attorney General shall submit the annual report to the Legislature, commencing January 31, 2024, and each January 31 thereafter.(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.12555.8. The pilot programs shall run from January 1, 2023, through January 1, 2026, inclusive. The final report required pursuant to Section 12555.6 shall be submitted on or before January 31, 2026.This article shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 55 | 55 | ||
| 56 | 56 | Article 4.5. Innocence Commission Pilot Programs | |
| 57 | 57 | ||
| 58 | 58 | Article 4.5. Innocence Commission Pilot Programs | |
| 59 | 59 | ||
| 60 | - | 12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 60 | + | 12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. (b) Each participating district attorneys office shall do all of the following:(1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence, wrongful conviction, or excessive sentences. The commission shall be composed of at least six members, appointed by the district attorney, who represent a cross section of the criminal justice system.(A) Members may include, but shall not be limited to, an individual from academia, an assistant district attorney, an assistant public defender, a retired judge, a medical or mental health professional, and a representative from an innocence project or other nonprofit or community-based organization dedicated to criminal justice reform or postconviction litigation.(B) Members shall be chosen for their professional experience, commitment to public service, and willingness to exercise independence.(C) Members shall have experience with criminal law, forensic issues, or postconviction litigation, although experts may be brought in, as needed, to provide additional technical assistance.(D) The chairperson of the commission shall be chosen from the appointed members by the district attorney.(E) The commission shall meet at least bimonthly, but may schedule additional meetings as necessary.(2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error, or who are serving an excessive sentence. | |
| 61 | 61 | ||
| 62 | 62 | ||
| 63 | 63 | ||
| 64 | - | 12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 64 | + | 12555. (a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys duty to prevent and rectify the conviction of innocent persons and to address excessive sentences. | |
| 65 | 65 | ||
| 66 | 66 | (b) Each participating district attorneys office shall do all of the following: | |
| 67 | 67 | ||
| 68 | - | (1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence, wrongful conviction, or excessive sentences. | |
| 68 | + | (1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence, wrongful conviction, or excessive sentences. The commission shall be composed of at least six members, appointed by the district attorney, who represent a cross section of the criminal justice system. | |
| 69 | 69 | ||
| 70 | 70 | (A) Members may include, but shall not be limited to, an individual from academia, an assistant district attorney, an assistant public defender, a retired judge, a medical or mental health professional, and a representative from an innocence project or other nonprofit or community-based organization dedicated to criminal justice reform or postconviction litigation. | |
| 71 | 71 | ||
| 72 | 72 | (B) Members shall be chosen for their professional experience, commitment to public service, and willingness to exercise independence. | |
| 73 | 73 | ||
| 74 | 74 | (C) Members shall have experience with criminal law, forensic issues, or postconviction litigation, although experts may be brought in, as needed, to provide additional technical assistance. | |
| 75 | 75 | ||
| 76 | 76 | (D) The chairperson of the commission shall be chosen from the appointed members by the district attorney. | |
| 77 | 77 | ||
| 78 | 78 | (E) The commission shall meet at least bimonthly, but may schedule additional meetings as necessary. | |
| 79 | 79 | ||
| 80 | - | (2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error, or who are serving an excessive sentence. | |
| 80 | + | (2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error, or who are serving an excessive sentence. | |
| 81 | 81 | ||
| 82 | 82 | 12555.2. (a) The commission shall review cases submitted to it for review by petitioners, defense counsel, or other nonprofit or community-based organizations dedicated to criminal justice reform or postconviction litigation.(b) Cases may be reviewed for any one or more of the following reasons:(1) Actual innocence, in that the applicant alleges a plausible claim that they are actually innocent of one or more crimes of conviction.(2) Wrongful conviction, in that the applicant alleges that a constitutional error in the trial, including, but not limited to, the presentation of false scientific evidence, coerced testimony, ineffective assistance of counsel, whether at trial or during plea negotiations, or prosecutorial misconduct rendered the conviction fundamentally unfair.(3) The chairperson of the commission may choose to undertake an investigation of a case that does not meet the criteria in paragraph (1) or (2) if doing so is in the interests of justice.(c) The commission shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(d) The superior court shall designate a judge to oversee this process and resolve disputes.(e) (1) After review, the commission shall make a recommendation to the district attorneys office as to the disposition of the case.(2) This article does not limit the discretion or authority granted to district attorneys under Section 1170.03 of the Penal Code, the California Constitution, and the relevant case law and statutes defining that authority. In all instances, the district attorney will make the final decision whether it is in the interests of justice for the office to seek relief from an applicants conviction or sentence.(3) A district attorneys decision to seek relief from the court based on a recommendation from the commission shall be entitled to great deference by the court. | |
| 83 | 83 | ||
| 84 | 84 | ||
| 85 | 85 | ||
| 86 | 86 | 12555.2. (a) The commission shall review cases submitted to it for review by petitioners, defense counsel, or other nonprofit or community-based organizations dedicated to criminal justice reform or postconviction litigation. | |
| 87 | 87 | ||
| 88 | 88 | (b) Cases may be reviewed for any one or more of the following reasons: | |
| 89 | 89 | ||
| 90 | 90 | (1) Actual innocence, in that the applicant alleges a plausible claim that they are actually innocent of one or more crimes of conviction. | |
| 91 | 91 | ||
| 92 | 92 | (2) Wrongful conviction, in that the applicant alleges that a constitutional error in the trial, including, but not limited to, the presentation of false scientific evidence, coerced testimony, ineffective assistance of counsel, whether at trial or during plea negotiations, or prosecutorial misconduct rendered the conviction fundamentally unfair. | |
| 93 | 93 | ||
| 94 | 94 | (3) The chairperson of the commission may choose to undertake an investigation of a case that does not meet the criteria in paragraph (1) or (2) if doing so is in the interests of justice. | |
| 95 | 95 | ||
| 96 | 96 | (c) The commission shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure. | |
| 97 | 97 | ||
| 98 | 98 | (d) The superior court shall designate a judge to oversee this process and resolve disputes. | |
| 99 | 99 | ||
| 100 | 100 | (e) (1) After review, the commission shall make a recommendation to the district attorneys office as to the disposition of the case. | |
| 101 | 101 | ||
| 102 | 102 | (2) This article does not limit the discretion or authority granted to district attorneys under Section 1170.03 of the Penal Code, the California Constitution, and the relevant case law and statutes defining that authority. In all instances, the district attorney will make the final decision whether it is in the interests of justice for the office to seek relief from an applicants conviction or sentence. | |
| 103 | 103 | ||
| 104 | 104 | (3) A district attorneys decision to seek relief from the court based on a recommendation from the commission shall be entitled to great deference by the court. | |
| 105 | 105 | ||
| 106 | - | 12555.4. (a) Each participating district attorneys office shall track the following measures, using a template provided by the Attorney General:(1) The factors and criteria used to identify cases to be considered for investigation and review by the commission.(2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence. | |
| 106 | + | 12555.4. (a) Each participating district attorneys office shall track the following measures, using a template provided by the Attorney General:(1) The factors and criteria used to identify cases to be considered for investigation and review by the commission.(2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence.(5) The total number of cases for which the recommended relief from a conviction or sentence was denied by the court, and for each case, the date of the denial, the reason for the denial, and information on the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.(6) A summary of any implementation delays or challenges, as well as steps being taken to address them.(b) The Attorney General shall have the template required pursuant to subdivision (a) available on or before March 1, 2023. The template shall include a set of definitions so that data reported at the case level by each commission can be evaluated effectively.(c) The participating district attorneys offices shall report the data required by subdivision (a) to the Attorney General on a quarterly basis. | |
| 107 | 107 | ||
| 108 | 108 | ||
| 109 | 109 | ||
| 110 | 110 | 12555.4. (a) Each participating district attorneys office shall track the following measures, using a template provided by the Attorney General: | |
| 111 | 111 | ||
| 112 | 112 | (1) The factors and criteria used to identify cases to be considered for investigation and review by the commission. | |
| 113 | 113 | ||
| 114 | 114 | (2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim. | |
| 115 | 115 | ||
| 116 | 116 | (3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim. | |
| 117 | 117 | ||
| 118 | - | (4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence. | |
| 118 | + | (4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction or sentence. | |
| 119 | 119 | ||
| 120 | 120 | (5) The total number of cases for which the recommended relief from a conviction or sentence was denied by the court, and for each case, the date of the denial, the reason for the denial, and information on the defendants race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim. | |
| 121 | 121 | ||
| 122 | 122 | (6) A summary of any implementation delays or challenges, as well as steps being taken to address them. | |
| 123 | 123 | ||
| 124 | 124 | (b) The Attorney General shall have the template required pursuant to subdivision (a) available on or before March 1, 2023. The template shall include a set of definitions so that data reported at the case level by each commission can be evaluated effectively. | |
| 125 | 125 | ||
| 126 | 126 | (c) The participating district attorneys offices shall report the data required by subdivision (a) to the Attorney General on a quarterly basis. | |
| 127 | 127 | ||
| 128 | 128 | 12555.6. (a) The Attorney General shall collect the data reported by the participating district attorneys office in Section 12555.4 and create an annual progress report that allows for comparison between the participating programs.(b) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the Attorney Generals analysis.(c) The Attorney General shall submit the annual report to the Legislature, commencing January 31, 2024, and each January 31 thereafter.(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795. | |
| 129 | 129 | ||
| 130 | 130 | ||
| 131 | 131 | ||
| 132 | 132 | 12555.6. (a) The Attorney General shall collect the data reported by the participating district attorneys office in Section 12555.4 and create an annual progress report that allows for comparison between the participating programs. | |
| 133 | 133 | ||
| 134 | 134 | (b) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the Attorney Generals analysis. | |
| 135 | 135 | ||
| 136 | 136 | (c) The Attorney General shall submit the annual report to the Legislature, commencing January 31, 2024, and each January 31 thereafter. | |
| 137 | 137 | ||
| 138 | 138 | (d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795. | |
| 139 | 139 | ||
| 140 | 140 | 12555.8. The pilot programs shall run from January 1, 2023, through January 1, 2026, inclusive. The final report required pursuant to Section 12555.6 shall be submitted on or before January 31, 2026.This article shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 141 | 141 | ||
| 142 | 142 | ||
| 143 | 143 | ||
| 144 | 144 | 12555.8. The pilot programs shall run from January 1, 2023, through January 1, 2026, inclusive. The final report required pursuant to Section 12555.6 shall be submitted on or before January 31, 2026. | |
| 145 | 145 | ||
| 146 | 146 | This article shall remain in effect only until January 1, 2027, and as of that date is repealed. |