Amended IN Senate March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1242Introduced by Senator McGuire MinFebruary 15, 2024An act to amend Section 6250 452 of the Penal Code, relating to rehabilitation. crimes.LEGISLATIVE COUNSEL'S DIGESTSB 1242, as amended, McGuire Min. Community correctional facilities. Crimes: fires.Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony.This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchants premises in order to facilitate organized retail theft. By increasing the punishment for a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.This bill would additionally authorize notice by email.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 452 of the Penal Code is amended to read:452. A person is guilty of unlawfully causing a fire when he they recklessly sets fire to or burns or causes set fire to, burn, or cause to be burned, any structure, forest land land, or property.(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his their own personal property unless there is injury to another person or to another persons structure, forest land land, or property.(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchants premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 6250 of the Penal Code is amended to read:6250.(a)The Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.(b)No later than 30 days after the department has designated a site as a potential site, the secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.(c)The notice referred to in subdivision (b) may be delivered by hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.(d)The Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.
Amended IN Senate March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1242Introduced by Senator McGuire MinFebruary 15, 2024An act to amend Section 6250 452 of the Penal Code, relating to rehabilitation. crimes.LEGISLATIVE COUNSEL'S DIGESTSB 1242, as amended, McGuire Min. Community correctional facilities. Crimes: fires.Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony.This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchants premises in order to facilitate organized retail theft. By increasing the punishment for a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.This bill would additionally authorize notice by email.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
Amended IN Senate March 19, 2024
Amended IN Senate March 19, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1242
Introduced by Senator McGuire MinFebruary 15, 2024
Introduced by Senator McGuire Min
February 15, 2024
An act to amend Section 6250 452 of the Penal Code, relating to rehabilitation. crimes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1242, as amended, McGuire Min. Community correctional facilities. Crimes: fires.
Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony.This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchants premises in order to facilitate organized retail theft. By increasing the punishment for a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.This bill would additionally authorize notice by email.
Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony.
This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchants premises in order to facilitate organized retail theft. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.
This bill would additionally authorize notice by email.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 452 of the Penal Code is amended to read:452. A person is guilty of unlawfully causing a fire when he they recklessly sets fire to or burns or causes set fire to, burn, or cause to be burned, any structure, forest land land, or property.(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his their own personal property unless there is injury to another person or to another persons structure, forest land land, or property.(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchants premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 6250 of the Penal Code is amended to read:6250.(a)The Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.(b)No later than 30 days after the department has designated a site as a potential site, the secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.(c)The notice referred to in subdivision (b) may be delivered by hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.(d)The Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.
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 452 of the Penal Code is amended to read:452. A person is guilty of unlawfully causing a fire when he they recklessly sets fire to or burns or causes set fire to, burn, or cause to be burned, any structure, forest land land, or property.(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his their own personal property unless there is injury to another person or to another persons structure, forest land land, or property.(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchants premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.
SECTION 1. Section 452 of the Penal Code is amended to read:
### SECTION 1.
452. A person is guilty of unlawfully causing a fire when he they recklessly sets fire to or burns or causes set fire to, burn, or cause to be burned, any structure, forest land land, or property.(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his their own personal property unless there is injury to another person or to another persons structure, forest land land, or property.(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchants premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.
452. A person is guilty of unlawfully causing a fire when he they recklessly sets fire to or burns or causes set fire to, burn, or cause to be burned, any structure, forest land land, or property.(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his their own personal property unless there is injury to another person or to another persons structure, forest land land, or property.(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchants premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.
452. A person is guilty of unlawfully causing a fire when he they recklessly sets fire to or burns or causes set fire to, burn, or cause to be burned, any structure, forest land land, or property.(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his their own personal property unless there is injury to another person or to another persons structure, forest land land, or property.(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchants premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.
452. A person is guilty of unlawfully causing a fire when he they recklessly sets fire to or burns or causes set fire to, burn, or cause to be burned, any structure, forest land land, or property.
(a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
(c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.
(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his their own personal property unless there is injury to another person or to another persons structure, forest land land, or property.
(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.
(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchants premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
(a)The Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.
(b)No later than 30 days after the department has designated a site as a potential site, the secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.
Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.
Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.
(c)The notice referred to in subdivision (b) may be delivered by hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.
(d)The Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.