Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 945Introduced by Assembly Member ReyesFebruary 14, 2023An act to amend Section 17.5 of add Section 1203.46 to the Penal Code, relating to crimes. criminal procedure.LEGISLATIVE COUNSEL'S DIGESTAB 945, as amended, Reyes. Punishment: restorative justice. Criminal procedure: expungement of records.Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated as a member of a county incarcerated individual hand crew, or participated at an institutional firehouse, except as specified, to petition the court to have the pleading dismissed, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided.This bill would require, beginning May 1, 2024, and every other year thereafter, each superior court to report to the Department of Justice specified data regarding petitions seeking relief pursuant to the above-described provisions. The bill would require the department to report the statewide data regarding these petitions beginning June 1, 2024, and every other year thereafter.Existing law declares the commitment of the Legislature to reducing recidivism among criminal offenders by, among other things, investment of criminal justice resources in community-based corrections programs that use community-based punishment for offender populations. Existing law defines community-based punishment as including, among other things, restorative justice programs such as mandatory victim restitution and victim-offender reconciliation.This bill would make a technical, nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1203.46 is added to the Penal Code, to read:1203.46. (a) On or before May 1, 2024, and on or before May 1 of every other year thereafter, each superior court shall report the following information to the Department of Justice regarding petitions filed pursuant to Section 1203.4b:(1) The number of petitions filed requesting relief pursuant to Section 1203.4b.(2) The date a petition was filed.(3) The date a decision was issued for the petition.(4) The number of petitions granted.(5) The number of petitions denied.(6) The number of pending petitions at the time of the report to the department.(7) Whether the petition was filed by a public defenders office, defense counsel, nonprofit organization, or a self-represented defendant.(b) On or before June 1, 2024, and on or before June 1 of every other year thereafter, the department shall compile the data received from each superior court and submit a report to the Legislature containing the statewide data for each of the categories of information requested in subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.SECTION 1.Section 17.5 of the Penal Code is amended to read:17.5.(a)The Legislature finds and declares all of the following:(1)The Legislature reaffirms its commitment to reducing recidivism among criminal offenders.(2)Despite the dramatic increase in corrections spending over the past two decades, national reincarceration rates for people released from prison remain unchanged or have worsened. National data show that about 40 percent of released individuals are reincarcerated within three years. In California, the recidivism rate for persons who have served time in prison is even greater than the national average.(3)Criminal justice policies that rely on building and operating more prisons to address community safety concerns are not sustainable, and will not result in improved public safety.(4)California must reinvest its criminal justice resources to support community-based corrections programs and evidence-based practices that will achieve improved public safety returns on this states substantial investment in its criminal justice system.(5)Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.(6)Community-based corrections programs require a partnership between local public safety entities and the county to provide and expand the use of community-based punishment for low-level offender populations. Each countys Local Community Corrections Partnership, as established in paragraph (2) of subdivision (b) of Section 1230, should play a critical role in developing programs and ensuring appropriate outcomes for low-level offenders.(7)Fiscal policy and correctional practices should align to promote a justice reinvestment strategy that fits each county. Justice reinvestment is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. The purpose of justice reinvestment is to manage and allocate criminal justice populations more cost-effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable.(8)Community-based punishment means correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. Community-based punishment may be provided by local public safety entities directly or through community-based public or private correctional service providers, and include, but are not limited to, the following:(A)Short-term flash incarceration in jail for a period of not more than 10 days.(B)Intensive community supervision.(C)Home detention with electronic monitoring or GPS monitoring.(D)Mandatory community service.(E)Restorative justice programs such as mandatory victim restitution and victim-offender reconciliation.(F)Work, training, or education in a furlough program pursuant to Section 1208.(G)Work, in lieu of confinement, in a work release program pursuant to Section 4024.2.(H)Day reporting.(I)Mandatory residential or nonresidential substance abuse treatment programs.(J)Mandatory random drug testing.(K)Mother-infant care programs.(L)Community-based residential programs offering structure, supervision, drug treatment, alcohol treatment, literacy programming, employment counseling, psychological counseling, mental health treatment, or any combination of these and other interventions.(9)Evidence-based practices refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease supervision.(b)The provisions of this act are not intended to alleviate state prison overcrowding.
Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 945Introduced by Assembly Member ReyesFebruary 14, 2023An act to amend Section 17.5 of add Section 1203.46 to the Penal Code, relating to crimes. criminal procedure.LEGISLATIVE COUNSEL'S DIGESTAB 945, as amended, Reyes. Punishment: restorative justice. Criminal procedure: expungement of records.Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated as a member of a county incarcerated individual hand crew, or participated at an institutional firehouse, except as specified, to petition the court to have the pleading dismissed, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided.This bill would require, beginning May 1, 2024, and every other year thereafter, each superior court to report to the Department of Justice specified data regarding petitions seeking relief pursuant to the above-described provisions. The bill would require the department to report the statewide data regarding these petitions beginning June 1, 2024, and every other year thereafter.Existing law declares the commitment of the Legislature to reducing recidivism among criminal offenders by, among other things, investment of criminal justice resources in community-based corrections programs that use community-based punishment for offender populations. Existing law defines community-based punishment as including, among other things, restorative justice programs such as mandatory victim restitution and victim-offender reconciliation.This bill would make a technical, nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 16, 2023
Amended IN Assembly March 16, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 945
Introduced by Assembly Member ReyesFebruary 14, 2023
Introduced by Assembly Member Reyes
February 14, 2023
An act to amend Section 17.5 of add Section 1203.46 to the Penal Code, relating to crimes. criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 945, as amended, Reyes. Punishment: restorative justice. Criminal procedure: expungement of records.
Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated as a member of a county incarcerated individual hand crew, or participated at an institutional firehouse, except as specified, to petition the court to have the pleading dismissed, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided.This bill would require, beginning May 1, 2024, and every other year thereafter, each superior court to report to the Department of Justice specified data regarding petitions seeking relief pursuant to the above-described provisions. The bill would require the department to report the statewide data regarding these petitions beginning June 1, 2024, and every other year thereafter.Existing law declares the commitment of the Legislature to reducing recidivism among criminal offenders by, among other things, investment of criminal justice resources in community-based corrections programs that use community-based punishment for offender populations. Existing law defines community-based punishment as including, among other things, restorative justice programs such as mandatory victim restitution and victim-offender reconciliation.This bill would make a technical, nonsubstantive change to those provisions.
Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated as a member of a county incarcerated individual hand crew, or participated at an institutional firehouse, except as specified, to petition the court to have the pleading dismissed, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided.
This bill would require, beginning May 1, 2024, and every other year thereafter, each superior court to report to the Department of Justice specified data regarding petitions seeking relief pursuant to the above-described provisions. The bill would require the department to report the statewide data regarding these petitions beginning June 1, 2024, and every other year thereafter.
Existing law declares the commitment of the Legislature to reducing recidivism among criminal offenders by, among other things, investment of criminal justice resources in community-based corrections programs that use community-based punishment for offender populations. Existing law defines community-based punishment as including, among other things, restorative justice programs such as mandatory victim restitution and victim-offender reconciliation.
This bill would make a technical, nonsubstantive change to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1203.46 is added to the Penal Code, to read:1203.46. (a) On or before May 1, 2024, and on or before May 1 of every other year thereafter, each superior court shall report the following information to the Department of Justice regarding petitions filed pursuant to Section 1203.4b:(1) The number of petitions filed requesting relief pursuant to Section 1203.4b.(2) The date a petition was filed.(3) The date a decision was issued for the petition.(4) The number of petitions granted.(5) The number of petitions denied.(6) The number of pending petitions at the time of the report to the department.(7) Whether the petition was filed by a public defenders office, defense counsel, nonprofit organization, or a self-represented defendant.(b) On or before June 1, 2024, and on or before June 1 of every other year thereafter, the department shall compile the data received from each superior court and submit a report to the Legislature containing the statewide data for each of the categories of information requested in subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.SECTION 1.Section 17.5 of the Penal Code is amended to read:17.5.(a)The Legislature finds and declares all of the following:(1)The Legislature reaffirms its commitment to reducing recidivism among criminal offenders.(2)Despite the dramatic increase in corrections spending over the past two decades, national reincarceration rates for people released from prison remain unchanged or have worsened. National data show that about 40 percent of released individuals are reincarcerated within three years. In California, the recidivism rate for persons who have served time in prison is even greater than the national average.(3)Criminal justice policies that rely on building and operating more prisons to address community safety concerns are not sustainable, and will not result in improved public safety.(4)California must reinvest its criminal justice resources to support community-based corrections programs and evidence-based practices that will achieve improved public safety returns on this states substantial investment in its criminal justice system.(5)Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.(6)Community-based corrections programs require a partnership between local public safety entities and the county to provide and expand the use of community-based punishment for low-level offender populations. Each countys Local Community Corrections Partnership, as established in paragraph (2) of subdivision (b) of Section 1230, should play a critical role in developing programs and ensuring appropriate outcomes for low-level offenders.(7)Fiscal policy and correctional practices should align to promote a justice reinvestment strategy that fits each county. Justice reinvestment is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. The purpose of justice reinvestment is to manage and allocate criminal justice populations more cost-effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable.(8)Community-based punishment means correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. Community-based punishment may be provided by local public safety entities directly or through community-based public or private correctional service providers, and include, but are not limited to, the following:(A)Short-term flash incarceration in jail for a period of not more than 10 days.(B)Intensive community supervision.(C)Home detention with electronic monitoring or GPS monitoring.(D)Mandatory community service.(E)Restorative justice programs such as mandatory victim restitution and victim-offender reconciliation.(F)Work, training, or education in a furlough program pursuant to Section 1208.(G)Work, in lieu of confinement, in a work release program pursuant to Section 4024.2.(H)Day reporting.(I)Mandatory residential or nonresidential substance abuse treatment programs.(J)Mandatory random drug testing.(K)Mother-infant care programs.(L)Community-based residential programs offering structure, supervision, drug treatment, alcohol treatment, literacy programming, employment counseling, psychological counseling, mental health treatment, or any combination of these and other interventions.(9)Evidence-based practices refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease supervision.(b)The provisions of this act are not intended to alleviate state prison overcrowding.
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 1203.46 is added to the Penal Code, to read:1203.46. (a) On or before May 1, 2024, and on or before May 1 of every other year thereafter, each superior court shall report the following information to the Department of Justice regarding petitions filed pursuant to Section 1203.4b:(1) The number of petitions filed requesting relief pursuant to Section 1203.4b.(2) The date a petition was filed.(3) The date a decision was issued for the petition.(4) The number of petitions granted.(5) The number of petitions denied.(6) The number of pending petitions at the time of the report to the department.(7) Whether the petition was filed by a public defenders office, defense counsel, nonprofit organization, or a self-represented defendant.(b) On or before June 1, 2024, and on or before June 1 of every other year thereafter, the department shall compile the data received from each superior court and submit a report to the Legislature containing the statewide data for each of the categories of information requested in subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1. Section 1203.46 is added to the Penal Code, to read:
### SECTION 1.
1203.46. (a) On or before May 1, 2024, and on or before May 1 of every other year thereafter, each superior court shall report the following information to the Department of Justice regarding petitions filed pursuant to Section 1203.4b:(1) The number of petitions filed requesting relief pursuant to Section 1203.4b.(2) The date a petition was filed.(3) The date a decision was issued for the petition.(4) The number of petitions granted.(5) The number of petitions denied.(6) The number of pending petitions at the time of the report to the department.(7) Whether the petition was filed by a public defenders office, defense counsel, nonprofit organization, or a self-represented defendant.(b) On or before June 1, 2024, and on or before June 1 of every other year thereafter, the department shall compile the data received from each superior court and submit a report to the Legislature containing the statewide data for each of the categories of information requested in subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.
1203.46. (a) On or before May 1, 2024, and on or before May 1 of every other year thereafter, each superior court shall report the following information to the Department of Justice regarding petitions filed pursuant to Section 1203.4b:(1) The number of petitions filed requesting relief pursuant to Section 1203.4b.(2) The date a petition was filed.(3) The date a decision was issued for the petition.(4) The number of petitions granted.(5) The number of petitions denied.(6) The number of pending petitions at the time of the report to the department.(7) Whether the petition was filed by a public defenders office, defense counsel, nonprofit organization, or a self-represented defendant.(b) On or before June 1, 2024, and on or before June 1 of every other year thereafter, the department shall compile the data received from each superior court and submit a report to the Legislature containing the statewide data for each of the categories of information requested in subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.
1203.46. (a) On or before May 1, 2024, and on or before May 1 of every other year thereafter, each superior court shall report the following information to the Department of Justice regarding petitions filed pursuant to Section 1203.4b:(1) The number of petitions filed requesting relief pursuant to Section 1203.4b.(2) The date a petition was filed.(3) The date a decision was issued for the petition.(4) The number of petitions granted.(5) The number of petitions denied.(6) The number of pending petitions at the time of the report to the department.(7) Whether the petition was filed by a public defenders office, defense counsel, nonprofit organization, or a self-represented defendant.(b) On or before June 1, 2024, and on or before June 1 of every other year thereafter, the department shall compile the data received from each superior court and submit a report to the Legislature containing the statewide data for each of the categories of information requested in subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.
1203.46. (a) On or before May 1, 2024, and on or before May 1 of every other year thereafter, each superior court shall report the following information to the Department of Justice regarding petitions filed pursuant to Section 1203.4b:
(1) The number of petitions filed requesting relief pursuant to Section 1203.4b.
(2) The date a petition was filed.
(3) The date a decision was issued for the petition.
(4) The number of petitions granted.
(5) The number of petitions denied.
(6) The number of pending petitions at the time of the report to the department.
(7) Whether the petition was filed by a public defenders office, defense counsel, nonprofit organization, or a self-represented defendant.
(b) On or before June 1, 2024, and on or before June 1 of every other year thereafter, the department shall compile the data received from each superior court and submit a report to the Legislature containing the statewide data for each of the categories of information requested in subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The Legislature reaffirms its commitment to reducing recidivism among criminal offenders.
(2)Despite the dramatic increase in corrections spending over the past two decades, national reincarceration rates for people released from prison remain unchanged or have worsened. National data show that about 40 percent of released individuals are reincarcerated within three years. In California, the recidivism rate for persons who have served time in prison is even greater than the national average.
(3)Criminal justice policies that rely on building and operating more prisons to address community safety concerns are not sustainable, and will not result in improved public safety.
(4)California must reinvest its criminal justice resources to support community-based corrections programs and evidence-based practices that will achieve improved public safety returns on this states substantial investment in its criminal justice system.
(5)Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.
(6)Community-based corrections programs require a partnership between local public safety entities and the county to provide and expand the use of community-based punishment for low-level offender populations. Each countys Local Community Corrections Partnership, as established in paragraph (2) of subdivision (b) of Section 1230, should play a critical role in developing programs and ensuring appropriate outcomes for low-level offenders.
(7)Fiscal policy and correctional practices should align to promote a justice reinvestment strategy that fits each county. Justice reinvestment is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. The purpose of justice reinvestment is to manage and allocate criminal justice populations more cost-effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable.
(8)Community-based punishment means correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. Community-based punishment may be provided by local public safety entities directly or through community-based public or private correctional service providers, and include, but are not limited to, the following:
(A)Short-term flash incarceration in jail for a period of not more than 10 days.
(B)Intensive community supervision.
(C)Home detention with electronic monitoring or GPS monitoring.
(D)Mandatory community service.
(E)Restorative justice programs such as mandatory victim restitution and victim-offender reconciliation.
(F)Work, training, or education in a furlough program pursuant to Section 1208.
(G)Work, in lieu of confinement, in a work release program pursuant to Section 4024.2.
(H)Day reporting.
(I)Mandatory residential or nonresidential substance abuse treatment programs.
(J)Mandatory random drug testing.
(K)Mother-infant care programs.
(L)Community-based residential programs offering structure, supervision, drug treatment, alcohol treatment, literacy programming, employment counseling, psychological counseling, mental health treatment, or any combination of these and other interventions.
(9)Evidence-based practices refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease supervision.
(b)The provisions of this act are not intended to alleviate state prison overcrowding.