Penal Code — Part 7 | PEN — United States — California law | Esheria

Penal Code

Part 7 of 29 · provisions 1,201–1,400

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This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.

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  1. 13823.11.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    This section sets minimum standards for sexual assault examinations, evidence collection, consent, confidentiality, and related treatment.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.11. The minimum standards for the examination and treatment of victims of sexual assault or attempted sexual assault, including child sexual abuse, and the collection and preservation of evidence therefrom include all of the following: (a) Law enforcement authorities shall be notified. (b) In conducting the medical evidentiary examination, the outline indicated in the form adopted pursuant to subdivision (c) of Section 13823.5 shall be followed. (c) Consent for a physical examination, treatment, and collection of evidence shall be obtained. (1) Consent to an examination for evidence of sexual assault shall be obtained prior to the examination of a victim of sexual assault and shall include separate written documentation of consent to each of the following: (A) Examination for the presence of injuries sustained as a result of the assault. (B) Examination for evidence of sexual assault and collection of physical evidence. (C) Photographs of injuries. (2) Consent to treatment shall be obtained in accordance with the usual policy of the hospital, clinic, sexual assault forensic examination team, or other emergency medical facility. (3) A victim of sexual assault shall be informed that the victim may refuse to consent to an examination for evidence of sexual assault, including the collection of physical evidence, but that a refusal is not a ground for denial of treatment of injuries and for possible pregnancy and sexually transmitted diseases, if the person wishes to obtain treatment and consents thereto. (4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, a minor may consent to hospital, medical, and surgical care related to a sexual assault without the consent of a parent or guardian, and a minor may consent to, or withhold consent for, a medical evidentiary examination without the consent of a parent or guardian. (5) In cases of known or suspected child abuse, the consent of the parents or legal guardian is not required. In the case of suspected child abuse and nonconsenting parents, the consent of the local agency providing child protective services or the local law enforcement agency shall be obtained. Local procedures regarding obtaining consent for the examination and treatment of, and the collection of evidence from, children from child protective authorities shall be followed. (d) A history of sexual assault shall be taken. The history obtained in conjunction with the examination for evidence of sexual assault shall follow the outline of the form established pursuant to subdivision (c) of Section 13823.5 and shall include all of the following: (1) A history of the circumstances of the assault. (2) For a child, any previous history of child sexual abuse and an explanation of injuries, if different from that given by parent or person accompanying the child. (3) Physical injuries reported. (4) Sexual acts reported, whether or not ejaculation is suspected, and whether or not a condom or lubricant was used. (5) Record of relevant medical history. (e) (1) If indicated by the history of contact, a female victim of sexual assault shall be provided with the option of postcoital contraception by a physician or other health care provider. (2) Postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim at no cost to the victim. (f) (1) Each adult and minor victim of sexual assault who consents to a medical evidentiary examination shall have a physical examination that includes, but is not limited to, all of the following: (A) Inspection of the clothing, body, and external genitalia for injuries and foreign materials. (B) Examination of the mouth, vagina, cervix, penis, anus, and rectum, as indicated. (C) Documentation of injuries and evidence collected. (2) Children shall not have internal vaginal or anal examinations unless absolutely necessary. This paragraph does not preclude careful collection of evidence using a swab. (g) The collection of physical evidence shall conform to the following procedures: (1) Each victim of sexual assault who consents to an examination for collection of evidence shall have the following items of evidence collected, except if the victim specifically objects: (A) Clothing worn during the assault. (B) Foreign materials revealed by an examination of the clothing, body, external genitalia, and pubic hair combings. (C) Swabs from the mouth, vagina, rectum, and penis, as indicated, to determine the presence or absence of semen. (D) If indicated by the history of contact, the victim’s urine and blood sample, for toxicology purposes, to determine if drugs or alcohol were used in connection with the assault. Toxicology results obtained pursuant to this paragraph shall not be admissible in any criminal or civil action or proceeding against a victim who consents to the collection of physical evidence pursuant to this paragraph. Except for purposes of prosecuting or defending the crime or crimes necessitating the examination specified by this section, any toxicology results obtained pursuant to this paragraph shall be kept confidential, may not be further disclosed, and shall not be required to be disclosed by the victim for any purpose not specified in this paragraph. The victim shall specifically be informed of the immunity and confidentiality safeguards provided by this subparagraph. (2) Each victim of sexual assault who consents to an examination for the collection of evidence shall have reference specimens taken, except if the victim specifically objects thereto. A reference specimen is a standard from which to obtain baseline information and may be retained for DNA comparison and analysis. Reference specimens may also be collected at a later time if they are needed. These specimens shall be taken in accordance with the standards of the local criminalistics laboratory. (3) Sexually transmitted infection testing and presumptive treatment based on current guidelines of the federal Centers for Disease Control and Prevention may be provided, if indicated by the history of contact. Specimens for a pregnancy test shall be taken, if indicated by the history of contact and the age of the victim. Baseline testing for sexually transmitted infections shall be done for a child, a person with a disability, or a person who is residing in a long-term care facility, if forensically indicated. (4) (A) If indicated by the history of contact, a female victim of sexual assault shall be provided with the option of postcoital contraception by a physician or other health care provider. (B) Postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim at no cost to the victim. (5) For a victim of sexual assault with an assault history of strangulation, best practices shall be followed for a complete physical examination and diagnostic testing to prevent adverse outcomes or morbidity and documentation on a supplemental medical evidentiary examination form. (h) Preservation and disposition of physical evidence shall conform to the following procedures: (1) All swabs shall be air-dried before packaging. (2) All items of evidence including laboratory specimens shall be clearly labeled as to the identity of the source and the identity of the person collecting them. (3) The evidence shall have a form attached which documents its chain of custody and shall be properly sealed. (4) The evidence shall be turned over to the proper law enforcement agency. (5) A hospital, clinic, or other emergency medical facility where medical evidentiary examinations are conducted shall develop and implement written policies and procedures for maintaining the confidentiality of medical evidentiary examination reports, including proper preservation and disposition of the reports if the examination program ceases operation, in order to prevent destruction of the medical evidentiary examination reports. (i) On or before January 1, 2021, a hospital, clinic, or other emergency medical facility at which medical evidentiary examinations are conducted shall implement a system to maintain medical evidentiary examination reports in a manner that facilitates their release only as required or authorized by law. This subdivision does not require a hospital, clinic, or other emergency medical facility to review a patient’s medical records prior to January 1, 2021, in order to separate medical evidentiary examination reports from the rest of the patient’s medical records. (Amended by Stats. 2019, Ch. 714, Sec. 8. (AB 538) Effective January 1, 2020.)
  2. 13823.12.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    If a party does not fully comply with the listed section, protocol, guidelines, or evidence-kit/form requirements, that failure cannot be used to exclude evidence or to tell the factfinder to give the evidence less weight.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.12. Failure to comply fully with Section 13823.11 or with the protocol or guidelines, or to utilize the form established by the Office of Emergency Services or the standardized sexual assault forensic medical evidence kit described in Section 13823.14, shall not constitute grounds to exclude evidence, nor shall the court instruct or comment to the trier of fact in any case that less weight may be given to the evidence based on the failure to comply. (Amended by Stats. 2016, Ch. 857, Sec. 1. (AB 1744) Effective January 1, 2017.)
  3. 13823.13.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    The Office of Emergency Services must develop a training course for qualified health care professionals on examining and treating sexual assault victims.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.13. (a) The Office of Emergency Services shall develop a course of training for qualified health care professionals relating to the examination and treatment of victims of sexual assault. In developing the curriculum for the course, the Office of Emergency Services shall consult with health care professionals and appropriate law enforcement agencies. The Office of Emergency Services shall also obtain recommendations from the same health care professionals and appropriate law enforcement agencies on the best means to disseminate the course of training on a statewide basis. The Office of Emergency Services is encouraged to designate a course of training for qualified health care professionals, as described in this section, and shall partner with other allied professionals training courses, such as sexual assault investigator training administered by the Peace Officer Standards and Training (POST), sexual assault prosecutor training as administered by the California District Attorneys Association (CDAA), or sexual assault advocate training as administered by the California Coalition Against Sexual Assault (CalCASA). (b) The training course developed pursuant to subdivision (a) shall be designed to train qualified health care professionals to do all of the following: (1) Perform a health assessment of victims of sexual assault in accordance with any applicable minimum standards set forth in Section 13823.11. (2) Collect and document physical and laboratory evidence in accordance with any applicable minimum standards set forth in Section 13823.11. (3) Provide information and referrals to victims of sexual assault to enhance the continuity of care of victims. (4) Present testimony in court. (c) As used in this section, “qualified health care professional” has the same meaning as defined in Section 13823.5. (d) As used in this section, “appropriate law enforcement agencies” may include, but shall not be limited to, the Attorney General of the State of California, any district attorney, and any agency of the State of California expressly authorized by statute to investigate or prosecute law violators. (Amended by Stats. 2019, Ch. 714, Sec. 9. (AB 538) Effective January 1, 2020.)
  4. 13823.14.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    Several California forensic organizations must work together to develop a standardized sexual assault forensic medical evidence kit, and the training center must issue statewide use guidelines by May 30, 2019.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.14. (a) The Department of Justice’s Bureau of Forensic Services, the California Association of Crime Laboratory Directors, and the California Association of Criminalists shall provide leadership and work collaboratively with public crime laboratories to develop a standardized sexual assault forensic medical evidence kit for use by all California jurisdictions. The packaging and appearance of the kit may vary, but the kit shall contain a minimum number of basic components and also clearly permit swabs or representative evidence samples to be earmarked for a rapid turnaround DNA program, as defined in paragraph (5) of subdivision (c) of Section 680, when applicable. (b) The collaboration to establish the basic components for a standardized sexual assault forensic medical evidence kit should be completed by January 30, 2018, and shall be conducted in conjunction with the California Clinical Forensic Medical Training Center, authorized by Section 13823.93, that is responsible for the development of sexual assault forensic medical examination procedures and sexual assault standardized forensic medical report forms and for providing training programs. (c) On or before May 30, 2019, the California Clinical Forensic Medical Training Center, in coordination with the Department of Justice’s Bureau of Forensic Services, the California Association of Crime Laboratory Directors, and the California Association of Criminalists, shall issue guidelines pertaining to the use of the standardized sexual assault kit components throughout the state. (d) Every local and state agency shall remain responsible for its own costs in purchasing a standardized sexual assault forensic medical evidence kit. (Amended by Stats. 2019, Ch. 588, Sec. 3. (SB 22) Effective January 1, 2020.)
  5. 13823.15.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    This section sets up and governs a statewide domestic violence grant program run by the Office of Emergency Services, including services, funding rules, reviews, and reporting duties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.15. (a) The Legislature finds that the problem of domestic violence is of serious and increasing magnitude. The Legislature also finds that existing domestic violence services are underfunded and that some areas of the state are unserved or underserved. Therefore, it is the intent of the Legislature that a goal or purpose of the Office of Emergency Services shall be to ensure that all victims of domestic violence served by the Office of Emergency Services Comprehensive Statewide Domestic Violence Program receive comprehensive, quality services. (b) (1) There is in the Office of Emergency Services a Comprehensive Statewide Domestic Violence Program. The goals of the program shall be to provide local assistance to existing service providers, to maintain and expand services based on a demonstrated need, and to establish a targeted or directed program for the development and establishment of domestic violence services in currently unserved and underserved areas. The Office of Emergency Services shall provide financial and technical assistance to local domestic violence centers in implementing all of the following services: (A) Twenty-four-hour crisis communication systems that shall include 24-hour telephone services and may also include other communication methods offered on a 24-hour or intermittent basis, such as text messaging, computer chat, or any other technology approved by the Office of Emergency Services. (B) Counseling. (C) Business centers. (D) Emergency “safe” homes or shelters for victims and families. (E) Emergency food and clothing. (F) Emergency response to calls from law enforcement. (G) Hospital emergency room protocol and assistance. (H) Emergency transportation. (I) Supportive peer counseling. (J) Counseling for children. (K) Court and social service advocacy. (L) Legal assistance with temporary restraining orders, devices, and custody disputes. (M) Community resource and referral. (N) Household establishment assistance. (2) Priority for financial and technical assistance shall be given to emergency shelter programs and “safe” homes for victims of domestic violence and their children. (3) The portion of any grant funding awarded pursuant to this section that is funded by the state shall be distributed to the recipient in a single disbursement at the beginning of the grant period. (c) (1) Except as provided in subdivision (f), the Office of Emergency Services and the advisory committee established pursuant to Section 13823.16 shall collaboratively administer the Comprehensive Statewide Domestic Violence Program, and shall allocate funds to local centers meeting the criteria for funding. All organizations funded pursuant to this section shall utilize volunteers to the greatest extent possible. (2) The centers may seek, receive, and make use of any funds that may be available from all public and private sources to augment state funds received pursuant to this section. (d) The Office of Emergency Services shall conduct statewide training workshops on domestic violence for local centers, law enforcement, and other service providers designed to enhance service programs. The workshops shall be planned in conjunction with practitioners and experts in the field of domestic violence prevention. The workshops shall include a curriculum component on lesbian, gay, bisexual, and transgender specific domestic abuse. (e) The Office of Emergency Services shall develop and disseminate throughout the state information and materials concerning domestic violence. The Office of Emergency Services shall also establish a resource center for the collection, retention, and distribution of educational materials related to domestic violence. The Office of Emergency Services may utilize and contract with existing domestic violence technical assistance centers in this state in complying with the requirements of this subdivision. (f) The funding process for distributing grant awards to domestic violence shelter service providers (DVSSPs) shall be administered by the Office of Emergency Services as follows: (1) The Office of Emergency Services shall establish each of the following: (A) The process and standards for determining whether to grant, renew, or deny funding to any DVSSP applying or reapplying for funding under the terms of the program. (B) For DVSSPs applying for grants under the request for proposal process described in paragraph (2), a system for grading grant applications in relation to the standards established pursuant to subparagraph (A), and an appeal process for applications that are denied. A description of this grading system and appeal process shall be provided to all DVSSPs as part of the application required under the RFP process. (C) For DVSSPs reapplying for funding under the request for application process described in paragraph (4), a system for grading the performance of DVSSPs in relation to the standards established pursuant to subparagraph (A), and an appeal process for decisions to deny or reduce funding. A description of this grading system and appeal process shall be provided to all DVSSPs receiving grants under this program. (2) Grants for shelters that were not funded in the previous cycle shall be awarded as a result of a competitive request for proposal (RFP) process. The RFP process shall comply with all applicable state and federal statutes for domestic violence shelter funding and, to the extent possible, the response to the RFP shall not exceed 25 narrative pages, excluding attachments. (3) Grants shall be awarded to DVSSPs that propose to maintain shelters or services previously granted funding pursuant to this section, to expand existing services or create new services, or to establish new domestic violence shelters in underserved or unserved areas. Each grant shall be awarded for a three-year term. (4) DVSSPs reapplying for grants shall not be subject to a competitive grant process, but shall be subject to a request for application (RFA) process. The RFA process shall consist in part of an assessment of the past performance history of the DVSSP in relation to the standards established pursuant to paragraph (1). The RFA process shall comply with all applicable state and federal statutes for domestic violence center funding and, to the extent possible, the response to the RFA shall not exceed 10 narrative pages, excluding attachments. (5) A DVSSP funded through this program in the previous grant cycle, including a DVSSP funded by Chapter 707 of the Statutes of 2001, shall be funded upon reapplication, unless, pursuant to the assessment required under the RFA process, its past performance history fails to meet the standards established by the Office of Emergency Services pursuant to paragraph (1). (6) The Office of Emergency Services shall conduct a minimum of one site visit every three years for each DVSSP funded pursuant to this subdivision. The purpose of the site visit shall be to conduct a performance assessment of, and provide subsequent technical assistance for, each shelter visited. The performance assessment shall include, but need not be limited to, a review of all of the following: (A) Progress in meeting program goals and objectives. (B) Agency organization and facilities. (C) Personnel policies, files, and training. (D) Recordkeeping, budgeting, and expenditures. (E) Documentation, data collection, and client confidentiality. (7) After each site visit conducted pursuant to paragraph (6), the Office of Emergency Services shall provide a written report to the DVSSP summarizing the performance of the DVSSP, deficiencies noted, corrective action needed, and a deadline for corrective action to be completed. The Office of Emergency Services shall also develop a corrective action plan for verifying the completion of corrective action required. The Office of Emergency Services shall submit its written report to the DVSSP no more than 60 days after the site visit. No grant under the RFA process shall be denied if the DVSSP has not received a site visit during the previous three years, unless the Office of Emergency Services is aware of criminal violations relative to the administration of grant funding. (8) If an agency receives funding from both the Comprehensive Statewide Domestic Violence Program in the Office of Emergency Services and the Maternal, Child, and Adolescent Health Division of the State Department of Public Health during any grant cycle, the Comprehensive Statewide Domestic Violence Program and the Maternal, Child, and Adolescent Health Division shall, to the extent feasible, coordinate agency site visits and share performance assessment data with the goal of improving efficiency, eliminating duplication, and reducing administrative costs. (9) DVSSPs receiving written reports of deficiencies or orders for corrective action after a site visit shall be given no less than six months’ time to take corrective action before the deficiencies or failure to correct may be considered in the next RFA process. However, the Office of Emergency Services shall have the discretion to reduce the time to take corrective action in cases where the deficiencies present a significant health or safety risk or when other severe circumstances are found to exist. If corrective action is deemed necessary, and a DVSSP fails to comply, or if other deficiencies exist that, in the judgment of the Office of Emergency Services, cannot be corrected, the Office of Emergency Services shall determine, using its grading system, whether continued funding for the DVSSP should be reduced or denied altogether. If a DVSSP has been determined to be deficient, the Office of Emergency Services may, at any point during the DVSSP’s funding cycle following the expiration of the period for corrective action, deny or reduce further funding. (10) If a DVSSP applies or reapplies for funding pursuant to this section and that funding is denied or reduced, the decision to deny or reduce funding shall be provided in writing to the DVSSP, along with a written explanation of the reasons for the reduction or denial made in accordance with the grading system for the RFP or RFA process. Except as otherwise provided, an appeal of the decision to deny or reduce funding shall be made in accordance with the appeal process established by the Office of Emergency Services. The appeal process shall allow a DVSSP a minimum of 30 days to appeal after a decision to deny or reduce funding. All pending appeals shall be resolved before final funding decisions are reached. (11) It is the intent of the Legislature that priority for additional funds that become available shall be given to currently funded, new, or previously unfunded DVSSPs for expansion of services. However, the Office of Emergency Services may determine when expansion is needed to accommodate underserved or unserved areas. If supplemental funding is unavailable, the Office of Emergency Services shall have the authority to lower the base level of grants to all currently funded DVSSPs in order to provide funding for currently funded, new, or previously unfunded DVSSPs that will provide services in underserved or unserved areas. However, to the extent reasonable, funding reductions shall be reduced proportionately among all currently funded DVSSPs. After the amount of funding reductions has been determined, DVSSPs that are currently funded and those applying for funding shall be notified of changes in the available level of funding prior to the next application process. Funding reductions made under this paragraph shall not be subject to appeal. (12) Notwithstanding any other provision of this section, the Office of Emergency Services may reduce funding to a DVSSP funded pursuant to this section if federal funding support is reduced. Funding reductions as a result of a reduction in federal funding shall not be subject to appeal. (13) This section does not supersede any function or duty required by federal acts, rules, regulations, or guidelines for the distribution of federal grants. (14) As a condition of receiving funding pursuant to this section, DVSSPs shall ensure that appropriate staff and volunteers having client contact meet the definition of “domestic violence counselor” as specified in subdivision (a) of Section 1037.1 of the Evidence Code. The minimum training specified in paragraph (2) of subdivision (a) of Section 1037.1 of the Evidence Code shall be provided to those staff and volunteers who do not meet the requirements of paragraph (1) of subdivision (a) of Section 1037.1 of the Evidence Code. (15) The following definitions shall apply for purposes of this subdivision: (A) “Domestic violence” means the infliction or threat of physical harm against past or present adult or adolescent intimate partners, including physical, sexual, and psychological abuse against the partner, and is a part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from or control over that person. (B) “Domestic violence shelter service provider” or “DVSSP” means a victim services provider that operates an established system of services providing safe and confidential emergency housing on a 24-hour basis for victims of domestic violence and their children, including, but not limited to, hotel or motel arrangements, haven, and safe houses. (C) “Emergency shelter” means a confidential or safe location that provides emergency housing on a 24-hour basis for victims of domestic violence and their children. (g) The Office of Emergency Services may hire the support staff and utilize all resources necessary to carry out the purposes of this section. The Office of Emergency Services shall not utilize more than 10 percent of funds appropriated for the purpose of the program established by this section for the administration of that program. (Amended by Stats. 2021, Ch. 680, Sec. 1.5. (AB 673) Effective January 1, 2022.)
  6. 13823.16.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    This section sets how the domestic violence program’s advisory council is composed and how it works with the Office of Emergency Services.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.16. (a) The Comprehensive Statewide Domestic Violence Program established pursuant to Section 13823.15 shall be collaboratively administered by the Office of Emergency Services and an advisory council. The membership of the Office of Emergency Services Domestic Violence Advisory Council shall consist of experts in the provision of either direct or intervention services to victims of domestic violence and their children, within the scope and intention of the Comprehensive Statewide Domestic Violence Assistance Program. (b) The membership of the council shall consist of domestic violence victims’ advocates, battered women service providers, at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence, and representatives of women’s organizations, law enforcement, and other groups involved with domestic violence. At least one-half of the council membership shall consist of domestic violence victims’ advocates or battered women service providers. It is the intent of the Legislature that the council membership reflect the ethnic, racial, cultural, and geographic diversity of the state, including people with disabilities. The council shall be composed of no more than 13 voting members and two nonvoting ex officio members who shall be appointed, as follows: (1) Seven voting members shall be appointed by the Governor, including at least one person recommended by the federally recognized state domestic violence coalition. (2) Three voting members shall be appointed by the Speaker of the Assembly. (3) Three voting members shall be appointed by the Senate Committee on Rules. (4) Two nonvoting ex officio members shall be Members of the Legislature, one appointed by the Speaker of the Assembly and one appointed by the Senate Committee on Rules. Any Member of the Legislature appointed to the council shall meet with the council and participate in its activities to the extent that participation is not incompatible with their position as a Member of the Legislature. (c) The Office of Emergency Services shall collaborate closely with the council in developing funding priorities, framing the request for proposals, and soliciting proposals. (Amended by Stats. 2022, Ch. 197, Sec. 34. (SB 1493) Effective January 1, 2023.)
  7. 13823.17.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    This section creates a grant program for domestic violence services for the lesbian, gay, bisexual, and transgender community and sets conditions for eligible recipients.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.17. (a) The Legislature finds the problem of domestic violence in the gay, lesbian, bisexual, and transgender community to be of serious and increasing magnitude. The Legislature also finds that existing domestic violence services for this population are underfunded and that members of this population are unserved or underserved in the state. Therefore, it is the intent of the Legislature that a goal of the Office of Emergency Services shall be to increase access to domestic violence education, prevention, and services specifically for the gay, lesbian, bisexual, and transgender community. (b) The goal of this section is to establish a targeted or directed grant program for the development and support of domestic violence programs and services for the gay, lesbian, bisexual, and transgender community. The Office of Emergency Services shall use funds from the Equality in Prevention and Services for Domestic Abuse Fund to award grants annually to qualifying organizations, with at least one in southern California and one in northern California, to fund domestic violence programs and services that are specific to the lesbian, gay, bisexual, and transgender community, including, but not limited to, any of the following: (1) Counseling. (2) Legal assistance with temporary restraining orders, devices, and custody disputes. (3) Court and social service advocacy. (4) Batterers intervention. (5) Educational workshops and publications. (6) Community resource and referral. (7) Emergency housing. (8) Hotline or warmline. (9) Household establishment assistance. (c) Each grant shall be awarded for a three-year term, as funds are available, for the purposes of this section. (d) In order to be eligible to receive funds under this section, qualified organizations shall provide matching funds of at least 10 percent of the funds to be received under the section unless this requirement is waived by the Director of Emergency Services, at his or her discretion. (e) As a condition of receiving funding pursuant to this section, grant recipients shall ensure that appropriate staff and volunteers having client contact meet the definition of “domestic violence counselor,” as specified in subdivision (a) of Section 1037.1 of the Evidence Code. The minimum training specified in paragraph (2) of subdivision (a) of Section 1037.1 of the Evidence Code shall be provided to those staff and volunteers who do not meet the requirements of paragraph (1) of subdivision (a) of Section 1037.1 of the Evidence Code. (f) In order to qualify for a grant award under this section, the recipient shall be a California nonprofit organization with a demonstrated history of working in the area of domestic violence intervention, education, and prevention and serving the lesbian, gay, bisexual, and transgender community. (g) The funding process for distributing grant awards to qualifying organizations shall be administered by the Office of Emergency Services as follows: (1) Grant funds shall be awarded to qualifying organizations as a result of a competitive request for proposal (RFP) process. The RFP process shall comply with all applicable state and federal statutes and to the extent possible, the response to the RFP shall not exceed 15 narrative pages, excluding attachments. (2) The following criteria shall be used to evaluate grant proposals: (A) Whether the proposed program or services would further the purpose of promoting healthy, nonviolent relationships in the lesbian, gay, bisexual, and transgender community. (B) Whether the proposed program or services would reach a significant number of people in, and have the support of, the lesbian, gay, bisexual, and transgender community. (C) Whether the proposed program or services are grounded in a firm understanding of lesbian, gay, bisexual, and transgender domestic violence and represent an innovative approach to addressing the issue. (D) Whether the proposed program or services would reach unique and underserved sectors of the lesbian, gay, bisexual, and transgender community, such as youth, people of color, immigrants, and transgender persons. (3) Grant funds shall not be used to support any of the following: (A) Scholarships. (B) Awards to individuals. (C) Out-of-state travel. (D) Projects that are substantially completed before the anticipated date of the grant award. (E) Fundraising activities. (h) Grant recipients may seek, receive, and make use of any funds that may be available from all public and private sources to augment any funds received pursuant to this section. (i) The Office of Emergency Services may adopt rules as necessary to implement the grant program created under this section. (j) The Office of Emergency Services may hire the support staff and utilize all resources necessary to carry out the purposes of this section. (k) The Office of Emergency Services shall consult with the State Department of Public Health to consider the consolidation of their respective domestic violence programs and report conclusions to the Legislature no later than June 30, 2011. (l) For purposes of this section, “domestic violence” means the infliction or threat of physical harm against past or present adult or adolescent intimate partners, including physical, sexual, and psychological abuse against the person, and is a part of a pattern of assaultive, coercive, and controlling behavior directed at achieving compliance from or control over that person. (Amended by Stats. 2013, Ch. 352, Sec. 440. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  8. 13823.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    Programs funded by the Office of Emergency Services are intended to include specialized components for elderly citizens, as resources allow.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.2. (a) The Legislature hereby finds and declares all of the following: (1) That violent and serious crimes are being committed against the elderly on an alarmingly regular basis. (2) That in 1985, the United States Department of Justice reported that approximately 1 in every 10 elderly households in the nation would be touched by crime. (3) That the California Department of Justice, based upon limited data received from local law enforcement agencies, reported that approximately 10,000 violent crimes were committed against elderly victims in 1985. (4) That while the elderly may not be the most frequent targets of crime, when they are victimized the impact of each vicious attack has long-lasting effects. Injuries involving, for example, a broken hip may never heal properly and often leave the victim physically impaired. The loss of money used for food and other daily living expenses for these costs may be life-threatening for the older citizen on a fixed income. In addition, stolen or damaged property often cannot be replaced. (5) Although the State of California currently funds programs to provide assistance to victims of crime and to provide general crime prevention information, there are limited specialized efforts to respond directly to the needs of elderly victims or to provide prevention services tailored for the senior population. (b) It is the intent of the Legislature that victim services, crime prevention, and criminal justice training programs funded by the Office of Emergency Services shall include, consistent with available resources, specialized components that respond to the diverse needs of elderly citizens residing in the state. (Amended by Stats. 2013, Ch. 352, Sec. 430. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  9. 13823.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    The Office of Emergency Services may use funds for local domestic violence programs if funds are available.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.3. The Office of Emergency Services may expend funds for local domestic violence programs, subject to the availability of funds therefor. (Amended by Stats. 2013, Ch. 352, Sec. 431. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  10. 13823.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    This section creates and funds a Family Violence Prevention Program and sets requirements for how funds are allocated and used.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.4. (a) The Legislature finds the problem of family violence to be of serious and increasing magnitude. The Legislature also finds that acts of family violence often result in other crimes and social problems. (b) There is in the Office of Emergency Services, a Family Violence Prevention Program. This program shall provide financial and technical assistance to local domestic and family violence centers in implementing family violence prevention programs. The goals and functions of the program shall include all of the following: (1) Promotion of community involvement through public education geared specifically toward reaching and educating the friends and neighbors of members of violent families. (2) Development and dissemination of model protocols for the training of criminal justice system personnel in domestic violence intervention and prevention. (3) Increasing citizen involvement in family violence prevention. (4) Identification and testing of family violence prevention models. (5) Replication of successful models, as appropriate, through the state. (6) Identification and testing of domestic violence model protocols and intervention systems in major service delivery institutions. (7) Development of informational materials and seminars to enable emulation or adaptation of the models by other communities. (8) Provision of domestic violence prevention education and skills to students in schools. (c) The Director of Emergency Services shall allocate funds to local centers meeting the criteria for funding that shall be established by the Office of Emergency Services in consultation with practitioners and experts in the field of family violence prevention. All centers receiving funds pursuant to this section shall have had an ongoing recognized program, supported by either public or private funds, dealing with an aspect of family violence, for at least two years prior to the date specified for submission of applications for funding pursuant to this section. All centers funded pursuant to this section shall utilize volunteers to the greatest extent possible. The centers may seek, receive, and make use of any funds which may be available from all public and private sources to augment any state funds received pursuant to this section. Sixty percent of the state funds received pursuant to this section shall be used to develop and implement model program protocols and materials. Forty percent of the state funds received pursuant to this section shall be allocated to programs to disseminate model program protocols and materials. Dissemination shall include training for domestic violence agencies in California. Each of the programs funded under this section shall focus on no more than two targeted areas. These targeted model areas shall be determined by the Office of Emergency Services in consultation with practitioners and experts in the field of domestic violence, using the domestic violence model priorities survey of the California Alliance Against Domestic Violence. Centers receiving funding shall provide matching funds of at least 10 percent of the funds received pursuant to this section. (d) The Office of Emergency Services shall develop and disseminate throughout the state information and materials concerning family violence prevention, including, but not limited to, a procedures manual on prevention models. The Office of Emergency Services shall also establish a resource center for the collection, retention, and distribution of educational materials related to family violence and its prevention. (Amended by Stats. 2013, Ch. 352, Sec. 432. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  11. 13823.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    The Office of Emergency Services must create and distribute sexual assault examination protocols, guidelines, and standard forms, and qualified health care professionals must use the adopted standard forms when conducting certain examinations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.5. (a) The Office of Emergency Services, with the assistance of the advisory committee established pursuant to Section 13836, shall establish a protocol for the examination and treatment of victims of sexual assault and attempted sexual assault, including child sexual abuse, and the collection and preservation of evidence therefrom. The protocol shall contain recommended methods for meeting the standards specified in Section 13823.11. (b) (1) In addition to the protocol, the Office of Emergency Services shall develop informational guidelines, containing general reference information on evidence collection and examination of, and psychological and medical treatment for, victims of sexual assault and attempted sexual assault, including child sexual abuse. (2) In developing the protocol and the informational guidelines, the Office of Emergency Services and the advisory committee shall seek the assistance and guidance of organizations assisting victims of sexual assault; qualified health care professionals, sexual assault forensic examiners, criminalists, and administrators who are familiar with emergency room procedures; victims of sexual assault; and law enforcement officials. (c) (1) The Office of Emergency Services, in cooperation with the State Department of Public Health and the Department of Justice, shall adopt a standard and a complete form or forms for the recording of medical and physical evidence data disclosed by a victim of sexual assault or attempted sexual assault, including child sexual abuse. The form may be issued as a paper version, as an electronic version, or as both the paper and electronic versions. Electronic forms may include links to the California Victim Compensation Board to help patients apply for victim compensation. (2) Each qualified health care professional who conducts an examination for evidence of a sexual assault or an attempted sexual assault, including child sexual abuse, shall use the standard form or forms adopted pursuant to this section, and shall make those observations and perform those tests as may be required for recording of the data required by the form. The forms shall be subject to the same principles of confidentiality applicable to other medical records. (3) The Office of Emergency Services shall make the standard form or forms available to every public or private general acute care hospital, as requested. (4) The standard form shall be used to satisfy the reporting requirements specified in Sections 11160 and 11161 in cases of sexual assault, and may be used in lieu of the form specified in Section 11168 for reports of child abuse. (d) The Office of Emergency Services shall distribute copies of the protocol and the informational guidelines to every general acute care hospital, law enforcement agency, and prosecutor’s office in the state. (e) For the purposes of this chapter, the following definitions apply: (1) “Qualified health care professional” means any of the following: (A) A physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (B) A nurse, nurse practitioner, or certified nurse-midwife currently licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code and working in consultation with a physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (C) A physician assistant currently licensed pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code and working in consultation with a physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (2) “Sexual assault forensic examiner” or “SAFE” means a qualified health care professional who has been trained on the standardized sexual assault forensic medical curriculum specified in this section and Sections 13823.6 to 13823.11, inclusive. (Amended by Stats. 2024, Ch. 113, Sec. 1. (AB 2730) Effective January 1, 2025.)
  12. 13823.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    The Office of Emergency Services may secure funding for a statewide task force on sexual assault of children.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.6. The Office of Emergency Services may secure grants, donations, or other funding for the purpose of funding any statewide task force on sexual assault of children that may be established and administered by the Department of Justice. (Amended by Stats. 2013, Ch. 352, Sec. 434. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  13. 13823.7.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    The adopted medical-treatment protocol for sexual assault victims must include specific procedures for reporting, consent, medical examination, evidence collection, and preservation.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.7. The protocol adopted pursuant to Section 13823.5 for the medical treatment of victims of sexual assault, which includes the examination and treatment of victims of sexual assault or attempted sexual assault, including child sexual abuse, and the collection and preservation of evidence therefrom shall include provisions for all of the following: (a) Notification of injuries and a report of suspected child sexual abuse to law enforcement authorities. (b) Obtaining consent for the examination, for the treatment of injuries, for the collection of evidence, and for the photographing of injuries. (c) Taking a patient history of sexual assault and other relevant medical history. (d) Performance of the physical examination for evidence of sexual assault. (e) Collection of physical evidence of assault. (f) Collection of other medical specimens. (g) Procedures for the preservation and disposition of physical evidence. (Amended by Stats. 2019, Ch. 714, Sec. 4. (AB 538) Effective January 1, 2020.)
  14. 13823.9.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    Hospitals, clinics, and emergency medical facilities that examine sexual assault victims must follow the specified standards and protocols; counties above stated population thresholds must ensure trained personnel and designate hospitals.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.9. (a) Every public or private general acute care hospital, clinic, or other emergency medical facility that examines a victim of sexual assault or attempted sexual assault, including child sexual abuse, shall comply with the standards specified in Section 13823.11 and the protocol and guidelines adopted pursuant to Section 13823.5. (b) Each county with a population of more than 100,000 shall arrange that professional personnel trained in the examination of victims of sexual assault, including child sexual abuse, shall be present or on call either in the county hospital which provides emergency medical services or in any general acute care hospital which has contracted with the county to provide emergency medical services. In counties with a population of 1,000,000 or more, the presence of these professional personnel shall be arranged in at least one general acute care hospital for each 1,000,000 persons in the county. (c) Each county shall designate at least one general acute care hospital to perform examinations on victims of sexual assault, including child sexual abuse. (d) (1) The protocol published by the Office of Emergency Services shall be used as a guide for the procedures to be used by every public or private general acute care hospital in the state for the examination and treatment of victims of sexual assault and attempted sexual assault, including child sexual abuse, and the collection and preservation of evidence therefrom. (2) The informational guide developed by the Office of Emergency Services shall be consulted where indicated in the protocol, as well as to gain knowledge about all aspects of examination and treatment of victims of sexual assault and child sexual abuse. (Amended by Stats. 2019, Ch. 714, Sec. 5. (AB 538) Effective January 1, 2020.)
  15. 13823.93.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    This section creates a hospital-based training center and requires it to provide standardized medical evidentiary training, consultation, forms, protocols, and related education.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.93. (a) For purposes of this section, to “perform a medical evidentiary examination” means to evaluate, collect, preserve, and document evidence, interpret findings, and document examination results as described in Sections 13823.5 to 13823.11, inclusive. (b) (1) To ensure the delivery of standardized curriculum, essential for consistent examination procedures throughout the state, one hospital-based training center shall be identified as the California Clinical Forensic Medical Training Center and established through a competitive bidding process, to train qualified health care professionals on how to perform medical evidentiary examinations for victims of child abuse or neglect, child sexual abuse, intimate partner violence, sexual assault, sex trafficking, domestic violence, elder or dependent adult abuse, and abuse or assault perpetrated against persons with disabilities. The center also shall provide training for investigative and court personnel involved in dependency and criminal proceedings, on how to interpret the findings of medical evidentiary examinations. (2) The training provided by the training center shall be made available to qualified health care professionals, law enforcement, and the courts throughout the state. (c) The training center shall meet all of the following criteria: (1) Recognized expertise and experience in providing medical evidentiary examinations for victims of child abuse or neglect, child sexual abuse, intimate partner violence, sexual assault, sex trafficking, domestic violence, elder or dependent adult abuse, and abuse or assault perpetrated against persons with disabilities. (2) Recognized expertise and experience implementing the protocol established pursuant to Section 13823.5. (3) History of providing training, including, but not limited to, the clinical supervision of trainees and the evaluation of clinical competency. (4) Recognized expertise and experience in the use of advanced medical technology and training in the evaluation of victims of child abuse or neglect, child sexual abuse, intimate partner violence, sexual assault, sex trafficking, domestic violence, elder or dependent adult abuse, and abuse or assault perpetrated against persons with disabilities. (5) Significant history in working with professionals in the field of criminalistics. (6) Established relationships with local crime laboratories, clinical laboratories, law enforcement agencies, district attorneys’ offices, child protective services, victim advocacy programs, and federal investigative agencies. (7) The capacity for developing a telecommunication network between primary, secondary, and tertiary medical providers. (8) History of leadership in working collaboratively with forensic medical experts, criminal justice experts, investigative social worker experts, state criminal justice, social services, health and mental health agencies, and statewide professional associations representing the various disciplines, especially those specified in paragraph (8) of subdivision (d). (9) History of leadership of and capability for developing and providing training and technical assistance for sexual assault forensic examination teams, and recognition of the nexus between the sexual assault forensic examination teams and completion of the mandated medical evidentiary examination forms. (10) History of working collaboratively with state and local victim advocacy organizations, especially those addressing sexual assault and domestic violence. (11) History and experience in the development and delivery of standardized curriculum for forensic medical experts, criminal justice professionals, and investigative social workers. (12) History of research, particularly involving databases, in the area of child abuse and neglect, child sexual abuse, intimate partner violence, sexual assault, sex trafficking, elder or dependent adult abuse, abuse or assault perpetrated against persons with disabilities, or domestic violence. (d) The training center shall do all of the following: (1) Develop and implement a standardized training program for qualified health care professionals that has been reviewed and approved by a multidisciplinary peer review committee. (2) Develop and maintain updated standardized medical evidentiary examination forms, both paper and electronic, develop and maintain protocols for examination of child abuse and neglect, child sexual abuse, intimate partner violence, sexual assault, sex trafficking, domestic violence, elder or dependent adult abuse, or abuse or assault perpetrated against persons with disabilities, including supplemental forms and protocols for medical evaluation of strangulation injuries for all types of interpersonal violence. (3) Advance the field with scientific evidence-based curriculum through standardized form development and data analysis for compliance, quality assurance, and curriculum development. (4) Develop a telecommunication system network between the training center and other areas of the state, including rural and midsized counties. This service shall provide case consultation to qualified health care professionals, law enforcement, and the courts and provide continuing medical education. (5) Provide ongoing basic, advanced, and specialized training programs for qualified health care professionals on child abuse and neglect, child sexual abuse, intimate partner violence, sexual assault, sex trafficking, domestic violence, elder or dependent adult abuse, and abuse or assault perpetrated against persons with disabilities, including training on best practices for all abused patients, including patients who suffer from strangulation injuries. (6) Develop guidelines for the reporting and management of child abuse and neglect, child sexual abuse, intimate partner violence, domestic violence, sexual assault, sex trafficking, elder or dependent adult abuse, and abuse or assault perpetrated against persons with disabilities. (7) Provide training and technical assistance for sexual assault forensic examination teams on the science of medical evidentiary examinations, emerging trends, and sound operational practices, and conduct annual training needs assessments for sexual assault forensic examination teams. (8) Develop recommended guidelines for evaluating the results of training for qualified health care professionals performing examinations. (9) Provide standardized training for law enforcement officers, district attorneys, public defenders, investigative social workers, and judges on medical evidentiary examination procedures and the interpretation of findings. This training shall be developed and implemented in collaboration with the Peace Officer Standards and Training Program, the California District Attorneys Association, the California Peace Officers Association, the California Police Chiefs Association, the California State Sheriffs’ Association, the California Association of Crime Laboratory Directors, the California Sexual Assault Investigators Association, the California Alliance Against Domestic Violence, the Statewide California Coalition for Battered Women, the Family Violence Prevention Fund, child victim advocacy organizations, the California Welfare Directors Association, the California Coalition Against Sexual Assault, the Department of Justice, the agency, the Child Welfare Training Program, and the University of California extension programs. (10) Promote an interdisciplinary approach in the assessment and management of child abuse and neglect, child sexual abuse, intimate partner violence, sexual assault, sex trafficking, domestic violence, elder or dependent adult abuse, and abuse or assault against persons with disabilities. (11) Provide training in the dynamics of victimization, including, but not limited to, rape trauma syndrome, intimate partner battering and its effects, the effects of child abuse and neglect, the effects of child sexual abuse, and the various aspects of elder abuse. This training shall be provided by individuals who are recognized as experts within their respective disciplines. (12) Provide training on the use of the standardized sexual assault forensic examination kit. (13) Provide continuing education through publications, including, but not limited to, training videos, webinars, and telecommunications. (e) Nothing in this section shall be construed to change the scope of practice for any health care provider, as defined in other provisions of law. (Amended by Stats. 2019, Ch. 714, Sec. 6. (AB 538) Effective January 1, 2020.)
  16. 13823.95.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    This section limits who can charge, requires reimbursement of sexual-assault exam costs, and gives the Office of Emergency Services authority over reimbursement amounts.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13823.95. (a) Costs incurred by a qualified health care professional, hospital, clinic, sexual assault forensic examination team, or other emergency medical facility for a medical evidentiary examination of a victim of a sexual assault, as described in the protocol developed pursuant to Section 13823.5, when the examination is performed pursuant to Sections 13823.5 and 13823.7, shall not be charged directly or indirectly to the victim of the assault. (b) (1) A victim of a sexual assault who seeks a medical evidentiary examination, as that term is used in Section 13823.93, shall be provided with a standardized medical evidentiary examination, using the medical evidentiary examination report forms and protocols for victims of sexual assault developed pursuant to Section 13823.5. A victim of a sexual assault shall not be required to participate or to agree to participate in the criminal justice system, either prior to the examination or at any other time. Pursuant to the requirements of the federal Violence Against Women and Department of Justice Reauthorization Act of 2005, and the federal Violence Against Women Reauthorization Act of 2013 through the federal Office of Violence Against Women, standardized medical evidentiary examinations consistent with Sections 13823.5 and 13823.7 shall be provided to sexual assault victims who are undecided at the time of an examination whether to report to law enforcement within the recommended timeframes for collection of evidence. Mandated reporting laws, pursuant to Section 11160, shall apply. (2) Data from the medical evidentiary examination in paragraph (1), with the patient’s identity removed, may be collected for health and forensic purposes in accordance with state and federal privacy laws. (c) The cost of a medical evidentiary examination performed by a qualified health care professional, hospital, or other emergency medical facility for a victim of a sexual assault shall be treated as a local cost and charged to and reimbursed within 60 days by the local law enforcement agency in whose jurisdiction the alleged offense was committed. (1) All medical evidentiary examinations are to be reimbursed at the locally negotiated rate and shall not be subject to reduced reimbursement rates based on patient history or other reasons. (2) (A) The local law enforcement agency may seek reimbursement, as provided in subdivision (d), to offset the cost of conducting the medical evidentiary examination of a sexual assault victim who is undecided at the time of an examination whether to report to law enforcement or who has decided not to report to law enforcement. (B) The local law enforcement agency may seek reimbursement, as provided in subdivision (e), to offset the cost of conducting the medical evidentiary examination of a sexual assault victim who has determined, at the time of the examination, to report the assault to law enforcement. This subparagraph does not permit a law enforcement agency to reduce the existing locally negotiated rate or rates for medical evidentiary examinations. (d) (1) The Office of Emergency Services shall use the discretionary funds from federal grants awarded to the agency pursuant to the federal Violence Against Women and Department of Justice Reauthorization Act of 2005 and the federal Violence Against Women Reauthorization Act of 2013 through the federal Office of Violence Against Women, specifically, the STOP (Services, Training, Officers, and Prosecutors) Violence Against Women Formula Grant Program, to offset the cost of the medical evidentiary examination. (2) The Office of Emergency Services shall determine the amount that may be reimbursed to offset the cost of a medical evidentiary exam once every five years. Any increase to the amount that may be reimbursed to offset the cost of a medical evidentiary exam shall not exceed 50 percent of the reimbursement amount most recently determined by the Office of Emergency Services. (3) Notwithstanding paragraph (2), the Office of Emergency Services may redetermine the amount that may be reimbursed to offset the cost of a medical evidentiary exam, at any time, if the federal government reduces the amount of the grants described in paragraph (1). (e) The Office of Emergency Services shall determine the amount that shall be reimbursed to offset the cost of medical evidentiary examinations pursuant to subparagraph (B) of paragraph (2) of subdivision (c). Reimbursements shall be provided from funds to be made available upon appropriation for this purpose. (Amended by Stats. 2021, Ch. 80, Sec. 25. (AB 145) Effective July 16, 2021.)
  17. 13824.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

    Verify source ↗

    The council must make a brief description of eligible projects available to the public through a statewide publication at least 30 days before the meeting where council funds may be committed.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13824. A brief description of all projects eligible for a commitment of council funds shall be made available to the public through a publication of the council having statewide circulation at least 30 days in advance of the meeting at which funds for such project can be committed by vote of the council. (Added by Stats. 1973, Ch. 1047.)
  18. 13825.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

    Verify source ↗

    The State Graffiti Clearinghouse is created in the Office of Emergency Services and must perform listed graffiti-related funding and planning tasks, subject to federal funding.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13825. The State Graffiti Clearinghouse is hereby created in the Office of Emergency Services. The State Graffiti Clearinghouse shall do all of the following, subject to federal funding: (a) Assess and estimate the present costs to state and local agencies for graffiti abatement. (b) Award grants to state and local agencies that have demonstrated implementation of effective graffiti reduction and abatement programs. (c) Receive and disburse funds to effectuate the purposes of the clearinghouse. (Amended by Stats. 2013, Ch. 352, Sec. 441. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  19. 13825.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. )

    Verify source ↗

    This chapter is named the California Gang, Crime, and Violence Prevention Partnership Program and may be cited by that name.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. ) ## 13825.1. This chapter shall be known and may be cited as the California Gang, Crime, and Violence Prevention Partnership Program. (Added by Stats. 1997, Ch. 885, Sec. 3. Effective January 1, 1998.)
  20. 13825.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. )

    Verify source ↗

    The Department of Justice administers this program to reduce gang, criminal activity, and youth violence in high-gang-violence communities, and it must also consider certain other communities and eligible juvenile facilities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. ) ## 13825.2. (a) The California Gang, Crime, and Violence Prevention Partnership Program shall be administered by the Department of Justice for the purposes of reducing gang, criminal activity, and youth violence to the extent authorized pursuant to this chapter in communities with a high incidence of gang violence, including, but not limited to, the communities of Fresno, Glendale, Long Beach, Los Angeles, Oakland, Riverside, Santa Ana, Santa Cruz, San Bernardino, San Diego, San Jose, San Francisco, San Mateo, Santa Monica, and Venice. The department shall also consider communities that meet any one of the following criteria: (1) An at-promise youth population, as defined in subdivision (d) of Section 13825.4, that is significantly disproportionate to the general youth population of that community. (2) A juvenile arrest rate that is significantly disproportionate to the general youth population of that community. (3) Significant juvenile gang problems or a high number of juvenile gang-affiliated acts of violence. (b) All state and local juvenile detention facilities, including, but not limited to, facilities, juvenile halls, youth ranches, and youth camps of the Division of Juvenile Justice, shall also be considered eligible to receive services through community-based organizations or nonprofit agencies that are operating programs funded under this chapter. (Amended by Stats. 2019, Ch. 800, Sec. 19. (AB 413) Effective January 1, 2020.)
  21. 13825.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. )

    Verify source ↗

    The Department of Justice must disburse chapter funds to qualifying community-based organizations and nonprofit agencies, and the department must also issue guidelines, solicit funding proposals, evaluate the program, and report annually when the program receives funds.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. ) ## 13825.3. All funds made available to the Department of Justice for purposes of this chapter shall be disbursed in accordance with this chapter to community-based organizations and nonprofit agencies that comply with the program requirements of Section 13825.4 and the funding criteria of Section 13825.5 of this chapter. (a) Funds disbursed under this chapter may enhance, but shall not supplant local, state, or federal funds that would, in the absence of the California Gang, Crime, and Violence Prevention Partnership Program, be made available for the prevention or intervention of youth involvement in gangs, crime, or violence. (b) The applicant community-based organization or nonprofit agency may enter into interagency agreements between it and a fiscal agent that will allow the fiscal agent to manage the funds awarded to the community-based organization or nonprofit agency. (c) Before April 15, 1998, the department shall prepare and file administrative guidelines and procedures for the California Gang, Crime, and Violence Prevention Partnership Program consistent with this chapter. (d) Before July 1, 1998, the department shall issue a “request for funding proposal” that informs applicants of the purposes and availability of funds to be awarded under this chapter and solicits proposals from community-based organizations and nonprofit agencies to provide services consistent with this chapter. (e) The department shall conduct an evaluation of the California Gang, Crime, and Violence Prevention Partnership Program after two years of program operation and each year thereafter, for purposes of identifying the effectiveness and results of the program. The evaluation shall be conducted by staff or an independent body that has experience in evaluating programs operated by community-based organizations or nonprofit agencies. (f) After two years of program operation, and each year thereafter, the department shall prepare and submit an annual report to the Legislature describing in detail the operation of the program and the results obtained from the California Gang, Crime, and Violence Prevention Partnership Program receiving funds under this chapter. The report shall also list the full costs applicable to the department for processing and reviewing applications, and for administering the California Gang, Crime, and Violence Prevention Partnership Program. The department shall be required to submit an annual report to the Legislature only in years in which the California Gang, Crime, and Violence Prevention Partnership Program receives funds under this chapter. (Amended by Stats. 2008, Ch. 699, Sec. 22. Effective January 1, 2009.)
  22. 13825.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. )

    Verify source ↗

    Organizations that receive these funds must use them for youth violence- and gang-prevention services, and they may not spend them on suppression, law enforcement, incarceration, or unrelated purposes.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. ) ## 13825.4. (a) Community-based organizations and nonprofit agencies that receive funds under this chapter shall utilize the funds to provide services and activities designed to prevent or deter at-promise youth from participating in gangs, criminal activity, or violent behavior. (b) These prevention and intervention efforts shall include, but not be limited to, any of the following: (1) Services and activities designed to do any of the following: (A) Teach alternative methods for resolving conflicts and responding to violence, drugs, and crime. (B) Develop positive and life-affirming attitudes and behaviors. (C) Build self-esteem. (2) Recreational, educational, or cultural activities. (3) Counseling or mentoring services. (4) Economic development activities. (c) (1) Funds allocated under this chapter may not be used for services or activities related to suppression, law enforcement, incarceration, or other purposes not related to the prevention and deterrence of gangs, crime, and violence. (2) Nothing in this section shall prevent funds allocated under this chapter from being used for violence prevention and gang crime deterrence services provided by community-based organizations and nonprofit agencies to youths incarcerated in juvenile detention facilities. (d) Services and activities provided with funds under this chapter shall be used for at-promise youth who are defined as persons from age 5 to 20 years of age and who fall into one or more of the following categories: (1) Live in a high-crime or high-violence neighborhood as identified by local or federal law enforcement agencies. (2) Live in a low-economic neighborhood as identified by the U.S. Census or come from an impoverished family. (3) Are excessively absent from school or are doing poorly in school as identified by personnel from the youth’s school. (4) Come from a socially dysfunctional family as identified by local or state social service agencies. (5) Have had one or more contacts with the police. (6) Have entered the juvenile justice system. (7) Are identified by the juvenile justice system as being at risk. (8) Are current or former gang members. (9) Have one or more family members living at home who are current or former members of a gang. (10) Are identified as wards of the court, as defined in Section 601 of the Welfare and Institutions Code. (e) Except as provided in subdivision (f), in carrying out a program of prevention and intervention services and activities with funds received under this chapter, community-based organizations and nonprofit agencies shall do all of the following: (1) Collaborate with other local community-based organizations, nonprofit agencies or local agencies providing similar services, local schools, local law enforcement agencies, residents and families of the local community, private businesses in the local community, and charitable or religious organizations, for purposes of developing plans to provide a program of prevention and intervention services and activities with funds provided under this chapter. (2) Identify other community-based organizations, nonprofit agencies, local agencies, and charitable or religious organizations in the local community that can serve as a resource in providing services and activities under this chapter. (3) Follow the public health model approach in developing and carrying out a program to prevent, deter, or reduce youth gangs, crime, or violence by (A) identifying risk factors of the particular population to be targeted, (B) implementing protective factors to prevent or reduce gangs, crime, or violence in the particular community to be serviced, and (C) designing community guidelines for prevention and intervention. (4) Provide referral services to at-promise youth who are being served under this chapter to appropriate organizations and agencies where the community-based organization or nonprofit agency can readily identify a need for counseling, tutorial, family support, or other types of services. (5) Provide the parents and family of the at-promise youth with support, information, and services to cope with the problems the at-promise youth, the parents, and the family are confronting. (6) Involve members of the at-risk target population in the development, coordination, implementation, and evaluation of their program of services and activities. (7) Objectively evaluate the effectiveness of their services and activities to determine changes in attitudes or behaviors of the at-promise youth being served under this chapter towards gangs, crime, and violence. (f) Providers of programs that operate in juvenile detention facilities shall not be required to meet the criteria specified in paragraph (5) of subdivision (e) for those programs offered only in those facilities. (Amended by Stats. 2019, Ch. 800, Sec. 20. (AB 413) Effective January 1, 2020.)
  23. 13825.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. )

    Verify source ↗

    Community-based organizations and nonprofit agencies must submit a funding request to qualify for funding, and the Department of Justice must set grant standards, schedules, and procedures.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. ) ## 13825.5. To be eligible for funding under this chapter, community-based organizations and nonprofit agencies shall submit a request for funding proposal in compliance with this chapter to conduct a program that meets the requirements of Section 13825.4. The Department of Justice shall establish the minimum standards, funding schedules, and procedures for awarding grants that shall take into consideration, but not be limited to, all of the following: (a) A demonstrated showing of at least two years of experience in administering a program providing prevention or prevention and intervention services that have positively affected the attitudes or behaviors of at-promise youth, as defined in this chapter, toward gangs, crime, or violence. (b) New programs, services, or staff that would augment the existing programs, services, and activities already being provided the community-based organization or nonprofit agency. (c) The size of the eligible at-promise youth population that would be served by the community-based organization or nonprofit agency. (d) The likelihood that the program will continue to operate after state grant funding ends. (e) The ability of the community-based organization or nonprofit agency to objectively evaluate itself and a demonstrated showing of its plan to evaluate itself if funds are awarded. For purposes of this chapter, community-based organizations and nonprofit agencies do not include libraries, community service organizations, and city, county, and state-operated departments of parks and recreation. (Amended by Stats. 2019, Ch. 800, Sec. 21. (AB 413) Effective January 1, 2020.)
  24. 13825.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. )

    Verify source ↗

    The program’s funding must be split into two annual transfers of 2% and 3% of Budget Act appropriations, each requiring approval by the Director of Finance.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.1. The California Gang, Crime, and Violence Prevention Partnership Program [13825.1 - 13825.6] ( Chapter 3.1 added by Stats. 1997, Ch. 885, Sec. 3. ) ## 13825.6. Funding for the California Gang, Crime, and Violence Prevention Partnership Program shall be subject to the following: (a) 2 percent of the amounts appropriated in the Budget Act shall be transferred each year upon the approval of the Director of Finance, for expenditure as necessary for the Department of Justice to administer this program. (b) 3 percent of the amounts appropriated in the Budget Act shall be transferred each year upon the approval of the Director of Finance, for expenditure as necessary for the department to provide technical assistance to community-based organizations and nonprofit agencies providing services under this chapter. Nothing in this chapter precludes the department from providing technical assistance services through an independent agency or organization. (Amended by Stats. 1998, Ch. 842, Sec. 3. Effective September 25, 1998.)
  25. 13826.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    The Legislature states that gang violence is a serious problem and says it intends to support anti-gang prosecution, enforcement, probation supervision, school-based prevention, and community intervention efforts.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826. The Legislature finds and declares all of the following: (a) That violent activity by gangs is a serious and growing problem in the State of California. (b) There is an increasing percentage of school age pupils involved in gang activity. (c) There are many schools that serve a disproportionate number of youth involved in gang activity which are unable to effectively implement programs designed to prevent youth from becoming involved in gang activity. There is no statewide funded educational program developed for this purpose. (d) There is evidence that gang involvement among youth begins at an early age. (e) There is evidence that the parents of gang members lack appropriate parenting skills. (f) There is evidence that drug activity is increasing among youth involved in gang activity. (g) There is evidence that gang members have no contact with positive role models. (h) There is evidence that most gang members lack basic educational skills. In enacting this chapter, the Legislature intends to support increased efforts by district attorneys’ offices to prosecute the perpetrators of gang violence, support increased efforts by local law enforcement agencies to identify, investigate, and apprehend perpetrators of gang violence, support increased efforts by county probation departments to intensively supervise gang members who are on court-ordered probation, support gang violence prevention and intervention efforts by school districts and county offices of education, and support gang violence suppression efforts by community-based organizations. (Repealed and added by Stats. 1986, Ch. 929, Sec. 2.)
  26. 13826.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    This section creates the Gang Violence Suppression Program and says its funds cannot be used by local agencies to replace other Public Safety Services funding.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.1. (a) There is hereby established in the Board of State and Community Corrections, the Gang Violence Suppression Program, a program of financial and technical assistance for district attorneys’ offices, local law enforcement agencies, county probation departments, school districts, county offices of education, or any consortium thereof, and community-based organizations which are primarily engaged in the suppression of gang violence. (b) Funds made available pursuant to this chapter are intended to ensure the highest quality provision of services and to reduce unnecessary duplication. Funds disbursed under this chapter shall not be used by local agencies to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution. Funds awarded under this program as local assistance grants shall not be subject to review as specified in Section 10295 of the Public Contract Code. (Amended by Stats. 2014, Ch. 26, Sec. 37. (AB 1468) Effective June 20, 2014.)
  27. 13826.11.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    The Legislature states findings about gang- and drug-related risks and expresses intent to create an after-school pilot program called ASAP in a specified Los Angeles community.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.11. (a) The Legislature hereby finds and declares the following: (1) There is a greater threat to public safety resulting from gang- and drug-related activity in and near California’s inner cities. (2) Young people, especially at-promise youth, are more vulnerable to gang- and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work. (3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community, and thereby burden the criminal justice system to the point that it cannot function effectively. (4) Los Angeles currently leads the nation in the number of gang members and gang sites, the consumption of drugs, the amount of drugs confiscated, drug-related violent crimes, and has the greatest number of young people between 6 and 18 years of age who are “at risk.” (5) It is the intent of the Legislature that a pilot program, the “After School Alternative Program” (ASAP), be established and implemented within a specified Los Angeles community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 3 p.m. to 7 p.m.). (Amended by Stats. 2019, Ch. 800, Sec. 22. (AB 413) Effective January 1, 2020.)
  28. 13826.15.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    The Legislature states that the Gang Violence Suppression Program has had a positive impact and has been expanded from assistance for district attorneys’ offices to include additional public entities and community-based organizations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.15. (a) The Legislature hereby finds and declares that the implementation of the Gang Violence Suppression Program, as provided in this chapter, has made a positive impact in the battle against crimes committed by gang members in California. (b) The Legislature further finds and declares that the program, when it was originally created in 1981, provided financial and technical assistance only for district attorneys’ offices. Since that time, however, the provisions of the program have been amended by the Legislature to enable additional public entities and community-based organizations to participate in the program. (Amended (as amended by Stats. 2011, Ch. 36, Sec. 63) by Stats. 2012, Ch. 43, Sec. 68. (SB 1023) Effective June 27, 2012. Amended version operative July 1, 2012, pursuant to Stats. 2011, Ch. 136, Sec. 32.)
  29. 13826.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    Gang violence prosecution units receiving funds under this chapter are encouraged to focus enhanced prosecution resources on cases identified by the suggested criteria in Section 13826.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.2. Gang violence prosecution units receiving funds under this chapter are encouraged to concentrate enhanced prosecution efforts and resources upon cases identified under the suggested criteria set forth in Section 13826.3. Enhanced prosecution efforts may include, but not be limited to: (a) “Vertical” prosecutorial representation, whereby the prosecutor who makes the initial filing or appearance in a gang-related case will perform all subsequent court appearances on that particular case through its conclusion, including the sentencing phase. (b) Assignment of highly qualified investigators and prosecutors to gang-related cases. (c) Significant reduction of caseloads for investigators and prosecutors assigned to gang-related cases. (d) Measures taken in coordination with law enforcement agencies to protect cooperating witnesses from intimidation or retribution at the hands of gang members or associates. (Amended by Stats. 2012, Ch. 43, Sec. 69. (SB 1023) Effective June 27, 2012.)
  30. 13826.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    An individual may be treated as subject to gang violence prosecution efforts if the person is under arrest for a gang-related violent crime, is a known gang member, and has a prior criminal background.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.3. (a) An individual is subject to gang violence prosecution efforts if he or she is under arrest for the commission or the attempted commission of any gang-related violent crime where the individual is (1) a known member of a gang, and (2) has exhibited a prior criminal background. (b) For purposes of this chapter, “gang-related” means that the suspect or victim of the crime is a known member of a gang. (c) For purposes of this chapter, gang violence prosecution includes both criminal prosecutions and proceedings in Juvenile Court in which a petition is filed pursuant to Section 602 of the Welfare and Institutions Code. (Amended by Stats. 2012, Ch. 43, Sec. 70. (SB 1023) Effective June 27, 2012.)
  31. 13826.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    Agencies receiving funds under this chapter are encouraged to focus enhanced enforcement on specified cases and must maintain a crime analysis capability.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.4. Law enforcement agencies receiving funds under this chapter are encouraged to concentrate enhanced law enforcement efforts and resources upon cases identified under criteria set forth in Section 13826.3. Enhanced law enforcement criteria efforts may include, but not be limited to: (a) The formation of a specialized gang violence unit whose staff shall be composed of the most highly qualified and trained personnel. (b) The efforts of the gang violence unit may include, but not be limited to: (1) Increased efforts to apprehend, prosecute, and convict violent “hard core” target gang members. (2) Increasing the clearance rate of reported crimes which are targeted as gang related. (3) Establishing more positive relations with, and encouraging the support of local citizens, community-based organizations, business representatives, and other criminal agencies. (4) Aiding and assisting other criminal justice and governmental agencies in protecting cooperating witnesses from intimidation or retribution at the hands of gang members and their associates. (c) Law enforcement agencies receiving funds under this program shall maintain a crime analysis capability which provides the following type of information: (1) Identification of active gang members who have exhibited a prior criminal background. (2) Identification of evolving or existing crime patterns that are gang related. (3) Providing investigative leads. (4) Maintaining statistical information pertaining to gang related criminal activity. (Amended by Stats. 2012, Ch. 43, Sec. 71. (SB 1023) Effective June 27, 2012.)
  32. 13826.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    County probation departments receiving funding under this chapter must strictly enforce court-ordered probation conditions for gang members.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.5. County probation departments receiving funding under this chapter shall strictly enforce court-ordered conditions of probation for gang members. (a) County probation departments supported under the Gang Violence Suppression Program may implement the following activities: (1) A Gang Violence Intensive Supervision Unit dealing with gang members may be established. (2) Criteria used to determine which probationer may be assigned to the Gang Violence Intensive Supervision Unit may be approved by the district attorney having a Gang Violence Prosecution Unit described in Section 13826.2. (3) County probation departments are encouraged to inform probationers whose cases are assigned to the intensive supervision unit of what types of behavior are prescribed or forbidden. The counties are encouraged to provide notice in both oral and written form. (4) County probation departments are encouraged to inform probationers whose cases are assigned to the intensive supervision unit, in writing, that all court-ordered conditions of probation will be strictly enforced. (5) County probation departments are encouraged to ensure that deputy probation officers in the intensive supervision unit have reduced probationer caseloads and coordinate their supervision efforts with law enforcement and prosecution personnel. The coordination is encouraged to include informing law enforcement and prosecution personnel of the conditions set for probationers and of the strict enforcement procedures to be implemented. (6) Deputy probation officers in the intensive supervision unit are encouraged to coordinate with the district attorney in ensuring that court-ordered conditions of probation are consistently enforced. (7) Intensive supervision unit deputy probation officers are encouraged to coordinate, whenever feasible, with community-based organizations in seeking to ensure that probationers adhere to their court-ordered conditions. (b) County probation departments may implement the California TEAM (Together Each Achieves More) Sports Camp Program, as described in Article 23.5 (commencing with Section 875) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code. (Amended by Stats. 2012, Ch. 43, Sec. 72. (SB 1023) Effective June 27, 2012.)
  33. 13826.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    This section defines “community-based” organization and lets covered organizations carry out specified gang-suppression activities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.6. For purposes of this chapter, a “community-based” organization is defined as a nonprofit operation established to serve gang members, their families, schools, and the community with programs of community supervision and service that maintain community participation in the planning, operation, and evaluation of their programs. “Community-based” organization also includes public park and recreation agencies, public libraries, and public community services departments that provide gang suppression activities, either alone or in cooperation with other public agencies or other community-based organizations. (a) Unless funded pursuant to subdivision (c), community-based organizations supported under the Gang Violence Suppression Program may implement the following activities: (1) Providing information to law enforcement agencies concerning gang related activities in the community. (2) Providing information to school administrators and staff concerning gang related activities in the community. (3) Providing conflict resolution by means of intervention or mediation to prevent and limit gang crisis situations. (4) Increasing witness cooperation through coordination with local law enforcement and prosecutors and by education of the community about the roles of these government agencies and the availability of witness protection services. (b) Community-based organizations funded pursuant to subdivision (a) may also implement the following activities: (1) Maintaining a 24-hour public telephone message center for the receipt of information and to assist individuals seeking services from the organization. (2) Maintaining a “rumor control” public telephone service to provide accurate and reliable information to concerned citizens. (3) Providing technical assistance and training concerning gang related activities to school staff members, law enforcement personnel, and community members, including parental groups. This training and assistance may include coverage of how to prevent and minimize intergang confrontations. (4) Providing recreational activities for gang members or potential gang members. (5) Providing job training and placement services for youth. (6) Referring gang members, as needed, to appropriate agencies for the treatment of health, psychological, and drug-related problems. (7) Administration of the Urban Corps Program pursuant to Section 13826.62. (8) Mobilizing the community to share joint responsibility with local criminal justice personnel to prevent and suppress gang violence. (c) Community-based organizations funded under the Gang Violence Suppression Program for specialized school prevention and intervention activities shall only be required to implement activities in the schools which are designed to discourage students from joining gangs and which offer or encourage students to participate in alternative programs. (d) Community-based organizations funded pursuant to the Gang Violence Suppression Program as of January 1, 1997, shall receive preference over public agencies in any future funding awards. (Amended by Stats. 2012, Ch. 43, Sec. 73. (SB 1023) Effective June 27, 2012.)
  34. 13826.62.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    The Urban Corps Program is established in the Office of Emergency Services, and grant recipients may carry out listed gang-prevention and suppression activities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.62. (a) There is hereby established in the Office of Emergency Services the Urban Corps Program. The Urban Corps Program is established as an optional activity under Section 13826.6. Community-based organizations receiving grants to participate in the Urban Corps Program may implement the following activities: (1) Identification of publicly and privately administered programs in the county dealing with the suppression or prevention of criminal gang activities, or both. (2) Maintenance of a listing of programs within the county identified as dealing with the suppression or prevention of criminal gang activities, or both. (3) Surveying gang suppression and prevention organizations for the types of services and activities each is engaged in, and identifying needs among these organizations for resources to provide services and fulfill their activities. (4) Recruitment of volunteers, identification of their skills, abilities, and interests, and matching volunteers with the resource needs of gang prevention and suppression organizations. (5) Establishment of an urban respite program for the purpose of preventing self-destructive activities and diverting (A) identified youth gang members, and (B) youths who are at risk of becoming gang members, for the purposes of reducing or eliminating incentives for those youths to participate in gang-related crime activities. (b) The Urban Corps Program shall operate within the Office of Emergency Services for two years following the establishment of a contract with a community-based organization to administer the program. (c) This section shall be implemented to the extent that funds are available to the Office of Emergency Services for this purpose. (Amended by Stats. 2013, Ch. 352, Sec. 442. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  35. 13826.65.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    School districts, county offices of education, or consortia receiving funding under this chapter must develop or adopt and implement a gang violence prevention curriculum and provide gang violence prevention and intervention services for school-aged children.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.65. School districts, county offices of education, or any consortium thereof, receiving funding under this chapter shall develop or adopt and implement a gang violence prevention curriculum, provide gang violence prevention and intervention services for school-aged children, and shall be encouraged to do all of the following: (a) Establish a local steering committee comprised of representatives of each local program funded under this chapter, corporations, small businesses, and other appropriate local, county, and community organization knowledgeable in the area of youth gang violence. (b) Develop and distribute information concerning parent education and parenting classes, including methods whereby parents may recognize youth gang involvement. (c) Identify and utilize the resources of appropriate community-based organizations involved in the coordination of after school activities for school-aged youth. (d) Establish contact between positive role models and youth involved in gang activity through adopt-a-youth programs and similar programs. (e) Incorporate into gang prevention activities references to the relationship between drug abuse and gang violence. (f) Develop partnerships between schools and businesses for the purpose of enhancing pupil achievement through such methods as tutorial services, field trips, role modeling, and other supportive services. (g) Develop methods of assuring followup services for children receiving the initial gang violence prevention and intervention services. (Added by Stats. 1986, Ch. 929, Sec. 4.)
  36. 13826.7.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. )

    Verify source ↗

    The Board of State and Community Corrections is encouraged to use any federal funds that become available for this chapter, and the chapter operates only if federal funds are available for implementation.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.5. Gang Violence Suppression [13826 - 13826.7] ( Chapter 3.5 added by Stats. 1981, Ch. 1030, Sec. 1. ) ## 13826.7. The Board of State and Community Corrections is encouraged to utilize any federal funds that may become available for purposes of this chapter. This chapter becomes operative only if federal funds are made available for its implementation. (Amended by Stats. 2011, Ch. 36, Sec. 64. (SB 92) Effective June 30, 2011. Amendment operative July 1, 2012, by Sec. 83 of Ch. 36, as amended by Stats. 2011, Ch. 136, Sec. 32. Note: This section makes conditional the operation of Chapter 3.5, commencing with Section 13826.)
  37. 13827.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.6. Office of Gang and Youth Violence Policy [13827- 13827.] ( Chapter 3.6 added by Stats. 2007, Ch. 459, Sec. 2. )

    Verify source ↗

    The Office of Gang and Youth Violence Policy is abolished, and its duties, obligations, powers, and authority are transferred to the Board of State and Community Corrections.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.6. Office of Gang and Youth Violence Policy [13827- 13827.] ( Chapter 3.6 added by Stats. 2007, Ch. 459, Sec. 2. ) ## 13827. (a) The Office of Gang and Youth Violence Policy is hereby abolished. The duties and obligations of that office, and all powers and authority formerly exercised by that office, shall be transferred to and assumed by the Board of State and Community Corrections. (b) Except for this section, the phrase “Office of Gang and Youth Violence Policy” or any reference to that phrase in this code shall be construed to mean the board. Any reference to the executive director of the Office of Gang and Youth Violence Policy in this code shall be construed to mean the board. (Added by Stats. 2012, Ch. 41, Sec. 85. (SB 1021) Effective June 27, 2012)
  38. 13828.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.7. Judicial Training Programs for Child Sexual Abuse Cases [13828 - 13828.1] ( Chapter 3.7 added by Stats. 1986, Ch. 792, Sec. 1. )

    Verify source ↗

    The Legislature says there is a need for training programs on handling judicial proceedings involving child sexual abuse victims, and that children who are victims should receive special consideration in related proceedings.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.7. Judicial Training Programs for Child Sexual Abuse Cases [13828 - 13828.1] ( Chapter 3.7 added by Stats. 1986, Ch. 792, Sec. 1. ) ## 13828. The Legislature hereby finds and declares that there is a need to develop and provide training programs regarding the handling of judicial proceedings involving the victims of child sexual abuse. It is the intent of the Legislature in enacting this chapter to provide training programs which will ensure that children who are the victims of sexual abuse shall be treated with special consideration during all proceedings related to allegations of child sexual abuse, including all trials and administrative hearings. (Added by Stats. 1986, Ch. 792, Sec. 1.)
  39. 13828.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.7. Judicial Training Programs for Child Sexual Abuse Cases [13828 - 13828.1] ( Chapter 3.7 added by Stats. 1986, Ch. 792, Sec. 1. )

    Verify source ↗

    The Judicial Council must establish and maintain an ongoing training program for the judicial branch on handling child sexual abuse cases, using appropriated funds.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3.7. Judicial Training Programs for Child Sexual Abuse Cases [13828 - 13828.1] ( Chapter 3.7 added by Stats. 1986, Ch. 792, Sec. 1. ) ## 13828.1. From funds appropriated for those purposes, the Judicial Council shall establish and maintain an ongoing program to provide training for the judicial branch of government relating to the handling of child sexual abuse cases. (Added by Stats. 1986, Ch. 792, Sec. 1.)
  40. 1383.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    If the defendant has not been charged or tried under Section 1382 and there is sufficient reason, the court may continue the case and may release the defendant from custody on the defendant’s own bail undertaking.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1383. If the defendant is not charged or tried, as provided in Section 1382, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the meantime may discharge the defendant from custody on his or her own undertaking of bail for his or her appearance to answer the charge at the time to which the action is continued. (Amended by Stats. 1987, Ch. 828, Sec. 92.)
  41. 13830.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 1. General Provisions [13830 - 13833] ( Heading of Article 1 added by Stats. 1977, Ch. 1256. )

    Verify source ↗

    A seven-member Judicial Criminal Justice Planning Committee is created in state government, and the Judicial Council appoints its members.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 1. General Provisions [13830 - 13833] ( Heading of Article 1 added by Stats. 1977, Ch. 1256. ) ## 13830. There is hereby created in state government a Judicial Criminal Justice Planning Committee of seven members. The Judicial Council shall appoint the members of the committee who shall hold office at its pleasure. In this respect the Legislature finds as follows: (a) The California court system has a constitutionally established independence under the judicial and separation of power clauses of the State Constitution. (b) The California court system has a statewide structure created under the Constitution, state statutes, and state court rules, and the Judicial Council of California is the constitutionally established state agency having responsibility for the operation of that structure. (c) The California court system will be directly affected by the criminal justice planning that will be done under this title and by the federal grants that will be made to implement that planning. (d) For effective planning and implementation of court projects it is essential that the Office of Emergency Services have the advice and assistance of a state judicial system planning committee. (Amended by Stats. 2013, Ch. 352, Sec. 443. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  42. 13833.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 1. General Provisions [13830 - 13833] ( Heading of Article 1 added by Stats. 1977, Ch. 1256. )

    Verify source ↗

    The Judicial Council must pay committee expenses and provide staff support, and the Office of Emergency Services must reimburse those costs to the extent federal funds are available.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 1. General Provisions [13830 - 13833] ( Heading of Article 1 added by Stats. 1977, Ch. 1256. ) ## 13833. The expenses necessarily incurred by the members of the Judicial Criminal Justice Planning Committee in the performance of their duties under this title shall be paid by the Judicial Council, but it shall be reimbursed by the Office of Emergency Services to the extent that federal funds can be made available for that purpose. Staff support for the committee’s activities shall be provided by the Judicial Council, but the cost of that staff support shall be reimbursed by the Office of Emergency Services to the extent that federal funds can be made available for that purpose. (Amended by Stats. 2013, Ch. 352, Sec. 444. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  43. 13835.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. )

    Verify source ↗

    The Legislature states that crime victims and witnesses need support services, and that local comprehensive centers should be funded to help meet those needs.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. ) ## 13835. The Legislature finds and declares as follows: (a) That there is a need to develop methods to reduce the trauma and insensitive treatment that victims and witnesses may experience in the wake of a crime, since all too often citizens who become involved with the criminal justice system, either as victims or witnesses to crime, are further victimized by that system. (b) That when a crime is committed, the chief concern of criminal justice agencies has been apprehending and dealing with the criminal, and that after police leave the scene of the crime, the victim is frequently forgotten. (c) That victims often become isolated and receive little practical advice or necessary care. (d) That witnesses must make arrangements to appear in court regardless of their own schedules, child care responsibilities, or transportation problems, and that they often find long waits, crowded courthouse hallways, confusing circumstances and, after testifying, receive no information as to the disposition of the case. (e) That a large number of victims and witnesses are unaware of both their rights and obligations. (f) That although the State of California has a fund for needy victims of violent crimes, and compensation is available for medical expenses, lost income or wages, and rehabilitation costs, the application process may be difficult, complex, and time-consuming, and victims may not be aware that the compensation provisions exist. It is, therefore, the intent of the Legislature to provide services to meet the needs of both victims and witnesses of crime through the funding of local comprehensive centers for victim and witness assistance. (Repealed and added by Stats. 1983, Ch. 1312, Sec. 2.)
  44. 13835.10.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. )

    Verify source ↗

    The Office of Emergency Services must run a statewide victim-assistance training program and set training standards, and funded victim-service programs must follow those standards unless exempted.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. ) ## 13835.10. (a) The Legislature finds and declares all of the following: (1) That the provision of quality services for victims of crime is of high priority. (2) That existing victim service programs do not have sufficient financial resources to consistently recruit and employ fully trained personnel. (3) That there is no consistency in the training provided to the various agencies serving victims. (4) That comprehensive training for victim service agencies is geographically limited or unavailable. (5) That there is currently no statewide comprehensive training system in place for the state to ensure that all service providers receive adequate training to provide quality services to victims of crime. (6) It is the intention of the Legislature to establish a statewide training program within the Office of Emergency Services to provide comprehensive standardized training to victim service providers. (b) The Office of Emergency Services shall establish a statewide victim-assistance training program, the purpose of which is to develop minimum training and selection standards, certify training courses, and provide funding to enable local victim service providers to acquire the required training. (c)(1) For the purpose of raising the level of competence of local victim service providers, the Office of Emergency Services shall adopt guidelines establishing minimum standards of training for employees of victim-witness and sexual assault programs funded by the office to provide services to victims of crime. The Office of Emergency Services shall establish an advisory committee composed of recognized statewide victim service organizations, representatives of local victim service programs, and others selected at the discretion of the executive director to consult on the research and development of the training, selection, and equivalency standards. (2) Any local unit of government, community-based organization, or any other public or private nonprofit entity funded by the Office of Emergency Services as a victim-witness or sexual assault program to provide services to victims of crime shall adhere to the training and selection standards established by the Office of Emergency Services. The standards for sexual assault victim service programs developed by the advisory committee established pursuant to Section 13836 shall be the standards for purposes of this section. With the exception of the sexual assault standards, the Office of Emergency Services shall conduct or contract with an appropriate firm or entity for research on validated standards pursuant to this section in consultation with the advisory committee established pursuant to paragraph (1). The Office of Emergency Services may defer the adoption of the selection standards until the necessary research is completed. Until the standards are adopted, affected victim service programs may receive state funding from the Office of Emergency Services upon certification of their willingness to adhere to the training standards adopted by the Office of Emergency Services. (3) Minimum training and selection standards may include, but shall not be limited to, basic entry, continuation, supervisory, management, specialized curricula, and confidentiality. (4) Training and selection standards shall apply to all victim service and management personnel of the victim-witness and sexual assault agencies funded by the Office of Emergency Services to provide services to victims of crime. Exemptions from this requirement may be made by the Office of Emergency Services. A victim service agency which, despite good faith efforts, is unable to meet the standards established pursuant to this section, may apply to the Office of Emergency Services for an exemption. For the purpose of exemptions, the Office of Emergency Services may establish procedures that allow for partial adherence. The Office of Emergency Services may develop equivalency standards which recognize professional experience, education, training, or a combination of the above, for personnel hired before July 1, 1987. (5) Nothing in this section shall prohibit a victim service agency, funded by the Office of Emergency Services to provide services to victims of crime, from establishing training and selection standards which exceed the minimum standards established by the Office of Emergency Services pursuant to this section. (d) For purposes of implementing this section, the Office of Emergency Services has all of the following powers: (1) To approve or certify, or both, training courses selected by the agency. (2) To make those inquiries which may be necessary to determine whether every local unit of government, community-based organization, or any other public or private entity receiving state aid from the Office of Emergency Services as a victim-witness or sexual assault program for the provision of services to victims of crime, is adhering to the standards for training and selection established pursuant to this section. (3) To adopt those guidelines which are necessary to carry out the purposes of this section. (4) To develop or present, or both, training courses for victim service providers, or to contract with coalitions, councils, or other designated entities, to develop or present, or both, those training courses. (5) To perform other activities and studies necessary to carry out the intent of this section. (e) (1) The Office of Emergency Services may utilize any funds that may become available from the Victim-Witness Assistance Fund to fund the cost of training staff of victim service agencies which are funded by the Office of Emergency Services from the fund. The Office of Emergency Services may utilize federal or other state funds that may become available to fund the cost of training staff of victim service agencies which are not eligible for funding from the Victim-Witness Assistance Fund. (2) Peace officer personnel whose jurisdictions are eligible for training subvention pursuant to Chapter 1 (commencing with Section 13500) of Title 4 of this part and correctional or probation personnel whose jurisdictions are eligible for state aid pursuant to Article 2 (commencing with Section 6035) of Chapter 5 of Title 7 of Part 3 are not eligible to receive training reimbursements under this section unless the person receiving the training is assigned to provide victim services in accordance with a grant award agreement with the Office of Emergency Services and is attending training to meet the established standards. (Amended by Stats. 2013, Ch. 352, Sec. 448. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  45. 13835.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. )

    Verify source ↗

    Funds from the Victim-Witness Assistance Fund must be made available through the Office of Emergency Services only to qualifying public or private nonprofit victim-and-witness assistance agencies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. ) ## 13835.2. (a) Funds appropriated from the Victim-Witness Assistance Fund shall be made available through the Office of Emergency Services to any public or private nonprofit agency for the assistance of victims and witnesses that meets all of the following requirements: (1) It provides comprehensive services to victims and witnesses of all types of crime. It is the intent of the Legislature to make funds available only to programs that do not restrict services to victims and witnesses of a particular type of crime, and do not restrict services to victims of crime in which there is a suspect in the case. (2) It is recognized by the board of supervisors as the major provider of comprehensive services to victims and witnesses in the county. (3) It is selected by the board of supervisors as the agency to receive funds pursuant to this article. (4) It assists victims of crime in the preparation, verification, and presentation of their claims to the California Victim Compensation Board for indemnification pursuant to Article 1 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code. (5) It cooperates with the California Victim Compensation Board in verifying the data required by Article 1 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code. (b) The Office of Emergency Services shall consider the following factors, together with any other circumstances it deems appropriate, in awarding funds to public or private nonprofit agencies designated as victim and witness assistance centers: (1) The capability of the agency to provide comprehensive services as defined in this article. (2) The stated goals and objectives of the center. (3) The number of people to be served and the needs of the community. (4) Evidence of community support. (5) The organizational structure of the agency that will operate the center. (6) The capability of the agency to provide confidentiality of records. (Amended by Stats. 2016, Ch. 31, Sec. 258. (SB 836) Effective June 27, 2016.)
  46. 13835.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. )

    Verify source ↗

    A funded center must provide specified victim and witness services, including translation, follow-up contact, field visits when needed, service for all crime types, volunteer participation, and services for elderly victims.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. ) ## 13835.4. In order to ensure the effective delivery of comprehensive services to victims and witnesses, a center established by an agency receiving funds pursuant to this article shall carry out all of the following activities in connection with both primary and optional services: (a) Translation services for non-English-speaking victims and witnesses or the deaf or hard of hearing. (b) Follow-up contact to determine whether the client received the necessary assistance. (c) Field visits to a client’s home, place of business, or other location, whenever necessary to provide services. (d) Service to victims and witnesses of all types of crime. (e) Volunteer participation to encourage community involvement. (f) Services for elderly victims of crime, appropriate to their special needs. (Amended by Stats. 2017, Ch. 561, Sec. 199. (AB 1516) Effective January 1, 2018.)
  47. 13835.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. )

    Verify source ↗

    Comprehensive victim services must include the listed primary services, and may also include several optional services if they do not interfere with primary services.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. ) ## 13835.5. (a) Comprehensive services shall include all of the following primary services: (1) Crisis intervention, providing timely and comprehensive responses to the individual needs of victims. (2) Emergency assistance, directly or indirectly providing food, housing, clothing, and, when necessary, cash. (3) Resource and referral counseling to agencies within the community which are appropriate to meet the victim’s needs. (4) Direct counseling of the victim on problems resulting from the crime. (5) Assistance in the processing, filing, and verifying of claims filed by victims of crime pursuant to Article 1 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code. (6) Assistance in obtaining the return of a victim’s property held as evidence by law enforcement agencies, if requested. (7) Orientation to the criminal justice system. (8) Court escort. (9) Presentations to and training of criminal justice system agencies. (10) Public presentations and publicity. (11) Monitoring appropriate court cases to keep victims and witnesses apprised of the progress and outcome of their case. (12) Notification to friends, relatives, and employers of the occurrence of the crime and the victim’s condition, upon request of the victim. (13) Notification to the employer of the victim or witness, if requested by the victim or witness, informing the employer that the employee was a victim of or witness to a crime and asking the employer to minimize any loss of pay or other benefits which may result because of the crime or the employee’s participation in the criminal justice system. (14) Upon request of the victim, assisting in obtaining restitution for the victim, in ascertaining the victim’s economic loss, and in providing the probation department, district attorney, and court with information relevant to his or her losses prior to the imposition of sentence. (b) Comprehensive services may include the following optional services, if their provision does not preclude the efficient provision of primary services: (1) Employer intervention. (2) Creditor intervention. (3) Child care. (4) Notification to witnesses of any change in the court calendar. (5) Funeral arrangements. (6) Crime prevention information. (7) Witness protection, including arranging for law enforcement protection or relocating witnesses in new residences. (8) Assistance in obtaining temporary restraining orders. (9) Transportation. (10) Provision of a waiting area during court proceedings separate from defendants and families and friends of defendants. (Amended by Stats. 1996, Ch. 629, Sec. 6. Effective January 1, 1997.)
  48. 13835.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. )

    Verify source ↗

    The Office of Emergency Services must work with local victim and witness assistance center representatives to develop standards and an evaluation method for the centers and services covered by this article.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. ) ## 13835.6. (a) The Office of Emergency Services, in cooperation with representatives from local victim and witness assistance centers, shall develop standards defining the activities and services enumerated in this article. (b) The Office of Emergency Services, in cooperation with representatives from local victim and witness assistance centers, shall develop a method of evaluating the activities and performance of centers established pursuant to this article. (Amended by Stats. 2013, Ch. 352, Sec. 446. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  49. 13835.7.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. )

    Verify source ↗

    The Victim-Witness Assistance Fund is in the State Treasury, and appropriated funds must be dispensed to the Office of Emergency Services for the article’s purposes, other victim-support purposes, and support of the centers in Section 13837.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 2. Local Assistance Centers for Victims and Witnesses [13835 - 13835.10] ( Article 2 repealed and added by Stats. 1983, Ch. 1312, Sec. 2. ) ## 13835.7. There is in the State Treasury the Victim-Witness Assistance Fund. Funds appropriated thereto shall be dispensed to the Office of Emergency Services exclusively for the purposes specified in this article, for any other purpose that supports victims, and for the support of the centers specified in Section 13837. (Amended by Stats. 2014, Ch. 28, Sec. 74. (SB 854) Effective June 20, 2014.)
  50. 13836.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 3. Training of Sexual Assault Investigators [13836 - 13836.2] ( Article 3 added by Stats. 1980, Ch. 917, Sec. 5. )

    Verify source ↗

    The Office of Emergency Services must create an advisory committee, develop training for district attorneys on specified sexual assault and abuse investigations and prosecutions, and approve certain grants.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 3. Training of Sexual Assault Investigators [13836 - 13836.2] ( Article 3 added by Stats. 1980, Ch. 917, Sec. 5. ) ## 13836. The Office of Emergency Services shall establish an advisory committee which shall develop a course of training for district attorneys in the investigation and prosecution of sexual assault cases, child sexual exploitation cases, child sexual abuse cases, and sexual abuse cases involving victims with developmental disabilities, and shall approve grants awarded pursuant to Section 13837. The courses shall include training in the unique emotional trauma experienced by victims of these crimes. It is the intent of the Legislature in the enactment of this chapter to encourage the establishment of sex crime prosecution units, which shall include, but not be limited to, child sexual exploitation and child sexual abuse cases, in district attorneys’ offices throughout the state. (Amended by Stats. 2019, Ch. 177, Sec. 1. (AB 640) Effective January 1, 2020.)
  51. 13836.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 3. Training of Sexual Assault Investigators [13836 - 13836.2] ( Article 3 added by Stats. 1980, Ch. 917, Sec. 5. )

    Verify source ↗

    The committee must have 11 members, with specified appointment sources and member roles. Members get no compensation, but their necessary expenses must be reimbursed. The Office of Emergency Services must provide staff support.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 3. Training of Sexual Assault Investigators [13836 - 13836.2] ( Article 3 added by Stats. 1980, Ch. 917, Sec. 5. ) ## 13836.1. The committee shall consist of 11 members. Five shall be appointed by the Director of Emergency Services, and shall include three district attorneys or assistant or deputy district attorneys, one representative of a city police department or a sheriff or a representative of a sheriff’s department, and one public defender or assistant or deputy public defender of a county. Six shall be public members appointed by the Commission on the Status of Women and Girls, and shall include one representative of a rape crisis center, and one medical professional experienced in dealing with sexual assault trauma victims. The committee members shall represent the points of view of diverse ethnic and language groups. Members of the committee shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties. Staff support for the committee shall be provided by the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 450. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  52. 13836.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 3. Training of Sexual Assault Investigators [13836 - 13836.2] ( Article 3 added by Stats. 1980, Ch. 917, Sec. 5. )

    Verify source ↗

    The office must reimburse counties for certain training costs, set how the training is obtained, and seek State Bar certification for the course.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 3. Training of Sexual Assault Investigators [13836 - 13836.2] ( Article 3 added by Stats. 1980, Ch. 917, Sec. 5. ) ## 13836.2. (a) The office shall reimburse each county for the costs of salaries and transportation to the extent necessary to permit up to 10 percent of the staff of the district attorney to complete the course of training established pursuant to this chapter. The office shall prescribe the manner in which the training shall be obtained. The training shall be offered at least twice each year in both northern and southern California. (b) The office shall seek certification from the State Bar of the course as a course which may be taken to complete the Criminal Law Specialist Certificate. (Amended by Stats. 1985, Ch. 1262, Sec. 6.)
  53. 13837.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 4. Rape Victim Counseling Centers [13837 - 13838] ( Article 4 added by Stats. 1980, Ch. 917, Sec. 6. )

    Verify source ↗

    Cal OES must grant and manage funding for sexual assault/rape crisis centers and related programs, while funded programs must provide specified services and reporting.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 4. Rape Victim Counseling Centers [13837 - 13838] ( Article 4 added by Stats. 1980, Ch. 917, Sec. 6. ) ## 13837. (a) (1) The California Office of Emergency Services (Cal OES) shall provide grants to proposed and existing child sexual exploitation and child sexual abuse victim counseling centers and prevention programs, including programs for minor victims of human trafficking. Grant recipients shall provide appropriate in-person counseling and referral services during normal business hours, and maintain other standards or services that shall be determined to be appropriate by the advisory committee established pursuant to Section 13836 as grant conditions. The advisory committee shall identify the criteria to be utilized in awarding the grants provided by this chapter before any funds are allocated. (2) In order to be eligible for funding pursuant to this chapter, the centers shall demonstrate an ability to receive and make use of any funds available from governmental, voluntary, philanthropic, or other sources that may be used to augment any state funds appropriated for purposes of this chapter. Each center receiving funds pursuant to this chapter shall make every attempt to qualify for any available federal funding. (3) State funds provided to establish centers shall be utilized when possible, as determined by the advisory committee, to expand the program and shall not be expended to reduce fiscal support from other public or private sources. The centers shall maintain quarterly and final fiscal reports in a form to be prescribed by the administering agency. In granting funds, the advisory committee shall give priority to centers which are operated in close proximity to medical treatment facilities. (b) (1) It is the intent of the Legislature that a goal or purpose of the Cal OES is to ensure that all victims of sexual assault and rape receive comprehensive, quality services, and to decrease the incidence of sexual assault through school and community education and prevention programs. (2) The Cal OES and the advisory committee established pursuant to Section 13836 shall collaboratively administer sexual assault/rape crisis center victim services programs and provide grants to proposed and existing sexual assault services programs (SASPs) operating local rape victim centers and prevention programs. All SASPs shall provide the services in subparagraphs (A) to (G), inclusive, and to the extent federal funding is made available, shall also provide the service described in subparagraph (H). The Cal OES shall provide financial and technical assistance to SASPs in implementing the following services: (A) Crisis intervention, 24 hours per day, seven days per week. (B) Followup counseling services. (C) In-person counseling, including group counseling. (D) Accompaniment services. (E) Advocacy services. (F) Information and referrals to victims and the general public. (G) Community education presentations. (H) Rape prevention presentations and self-defense programs. (3) The funding process for distributing grant awards to SASPs shall be administered as follows: (A) The Cal OES and the advisory committee established pursuant to Section 13836 shall collaboratively adopt each of the following: (i) The process and standards for determining whether to grant, renew, or deny funding to any SASP applying or reapplying for funding under the terms of the program. (ii) For SASPs applying for grants under the RFP process described in subparagraph (B), a system for grading grant applications in relation to the standards established pursuant to clause (i), and an appeal process for applications that are denied. A description of this grading system and appeal process shall be provided to all SASPs as part of the application required under the RFP process. (iii) For SASPs reapplying for funding under the RFA process described in subparagraph (D), a system for grading the performance of SASPs in relation to the standards established pursuant to clause (i), and an appeal process for decisions to deny or reduce funding. A description of this grading system and appeal process shall be provided to all SASPs receiving grants under this program. (B) Grants for centers that have previously not been funded or were not funded in the previous cycle shall be awarded as a result of a competitive request for proposal (RFP) process. The RFP process shall comply with all applicable state and federal statutes for sexual assault/rape crisis center funding, and to the extent possible, the response to the RFP shall not exceed 25 narrative pages, excluding attachments. (C) Grants shall be awarded to SASPs that propose to maintain services previously granted funding pursuant to this section, to expand existing services or create new services, or to establish new sexual assault/rape crisis centers in underserved or unserved areas. Each grant shall be awarded for a three-year term. (D) SASPs reapplying for grants are not subject to a competitive bidding grant process, but are subject to a request for application (RFA) process. The RFA process for a SASP reapplying for grant funds shall consist, in part, of an assessment of the past performance history of the SASP in relation to the standards established pursuant to subparagraph (A). The RFA process shall comply with all applicable state and federal statutes for sexual assault/rape crisis center funding, and to the extent possible, the response to the RFA shall not exceed 10 narrative pages, excluding attachments. (E) Any SASP funded through this program in the previous grant cycle shall be funded upon reapplication, unless its past performance history fails to meet the standards established pursuant to clause (i) of subparagraph (A). (F) The Cal OES shall conduct a minimum of one site visit every three years for each agency funded to provide sexual assault/rape crisis centers. The purpose of the site visit shall be to conduct a performance assessment of, and provide subsequent technical assistance for, each center visited. The performance assessment shall include, but need not be limited to, a review of all of the following: (i) Progress in meeting program goals and objectives. (ii) Agency organization and facilities. (iii) Personnel policies, files, and training. (iv) Recordkeeping, budgeting, and expenditures. (v) Documentation, data collection, and client confidentiality. (G) After each site visit conducted pursuant to subparagraph (F), the Cal OES shall provide a written report to the SASP summarizing the performance of the SASP, any deficiencies noted, any corrective action needed, and a deadline for corrective action to be completed. The Cal OES shall also develop a corrective action plan for verifying the completion of corrective action required. The Cal OES shall submit its written report to the SASP no more than 60 days after the site visit. A grant under the RFA process shall not be denied if the SASP did not receive a site visit during the previous three years, unless the Cal OES is aware of criminal violations relative to the administration of grant funding. (H) SASPs receiving written reports of deficiencies or orders for corrective action after a site visit shall be given no less than six months’ time to take corrective action before the deficiencies or failure to correct may be considered in the next RFA process. However, the Cal OES shall have the discretion to reduce the time to take corrective action in cases where the deficiencies present a significant health or safety risk or when other severe circumstances are found to exist. If corrective action is deemed necessary, and a SASP fails to comply, or if other deficiencies exist that, in the judgment of the Cal OES, cannot be corrected, the Cal OES shall determine, using its grading system, whether continued funding for the SASP should be reduced or denied altogether. If a SASP has been determined to be deficient, the Cal OES may, at any point during the SASP’s funding cycle following the expiration of the period for corrective action, deny or reduce further funding. (I) If a SASP applies or reapplies for funding pursuant to this section and that funding is denied or reduced, the decision to deny or reduce funding shall be provided in writing to the SASP, along with a written explanation of the reasons for the reduction or denial made in accordance with the grading system for the RFP or RFA process. Except as otherwise provided, any appeal of the decision to deny or reduce funding shall be made in accordance with the appeal process established by the Cal OES. The appeal process shall allow a SASP a minimum of 30 days to appeal after a decision to deny or reduce funding. All pending appeals shall be resolved before final funding decisions are reached. (J) It is the intent of the Legislature that priority for additional funds that become available be given to currently funded, new, or previously unfunded SASPs for expansion of services. However, the Cal OES may determine when expansion is needed to accommodate underserved or unserved areas. If supplemental funding is unavailable, the Cal OES shall have the authority to lower the base level of grants to all currently funded SASPs in order to provide funding for currently funded, new, or previously unfunded SASPs that will provide services in underserved or unserved areas. However, to the extent reasonable, funding reductions shall be reduced proportionately among all currently funded SASPs. After the amount of funding reductions has been determined, SASPs that are currently funded and those applying for funding shall be notified of changes in the available level of funding prior to the next application process. Funding reductions made under this paragraph shall not be subject to appeal. (K) Notwithstanding any other provision of this section, the Cal OES may reduce funding to a SASP funded pursuant to this section if federal funding support is reduced. Funding reductions as a result of a reduction in federal funding are not subject to appeal. (L) This section shall not be construed to supersede any function or duty required by federal acts, rules, regulations, or guidelines for the distribution of federal grants. (M) As a condition of receiving funding pursuant to this section, a SASP shall do each of the following: (i) Demonstrate an ability to receive and make use of any funds available from governmental, voluntary, philanthropic, or other sources that may be used to augment any state funds appropriated for purposes of this chapter. (ii) Make every attempt to qualify for any available federal funding. (N) For the purposes of this paragraph, “sexual assault” means an act or attempt made punishable by Section 220, 261, 261.5, 264.1, 266c, 285, 286, 287, 288, or 647.6, or former Section 262 or 288a. (O) For the purposes of this paragraph, “sexual assault services program” or “SASP” means an agency operating a sexual assault/rape crisis center. (Amended by Stats. 2021, Ch. 626, Sec. 70. (AB 1171) Effective January 1, 2022.)
  54. 13838.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 4. Rape Victim Counseling Centers [13837 - 13838] ( Article 4 added by Stats. 1980, Ch. 917, Sec. 6. )

    Verify source ↗

    “Peer counselor” is defined as a mental health counseling provider who has completed specialized rape crisis counseling training, continues that education, and counsels in consultation with a licensed California mental health practitioner.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 4. Rape Victim Counseling Centers [13837 - 13838] ( Article 4 added by Stats. 1980, Ch. 917, Sec. 6. ) ## 13838. “Peer counselor” means a provider of mental health counseling services who has completed a specialized course in rape crisis counseling skills development, participates in continuing education in rape crisis counseling skills development, and provides rape crisis counseling in consultation with a mental health practitioner licensed within the State of California. (Added by Stats. 1987, Ch. 1357, Sec. 4.)
  55. 13839.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 5. California Crime Victims Fund [13839- 13839.] ( Article 5 added by Stats. 2024, Ch. 651, Sec. 4. )

    Verify source ↗

    Creates the California Crime Victims Fund in the State Treasury and directs how the money must be used and reported.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 4. Criminal Justice Planning Committee for State Judicial System [13830 - 13839] ( Chapter 4 added by Stats. 1973, Ch. 1047. ) ## ARTICLE 5. California Crime Victims Fund [13839- 13839.] ( Article 5 added by Stats. 2024, Ch. 651, Sec. 4. ) ## 13839. (a) The California Crime Victims Fund is hereby established within the State Treasury. (b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the California Crime Victims Fund are continuously appropriated, without regard to fiscal years, to the Office of Emergency Services to support crime victim services that are eligible for federal Victims of Crime Act Victim Assistance Formula Grant funding. The office shall expend moneys for purposes of this section within three years after receipt of the moneys. (c) The moneys in the California Crime Victims Fund are intended to supplement and not replace federal Victims of Crime Act funds. (d) The Office of Emergency Services shall seek advisement from the Victims of Crime Act Steering Committee on the priorities for utilizing the moneys made available pursuant to this section, in addition to federal Victims of Crime Act funds. (e) Not more than 5 percent of the moneys made available pursuant to this section shall be utilized for administrative purposes. (f) The Treasurer shall provide an annual report to the Legislature on the amounts deposited into the California Crime Victims Fund. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2024, Ch. 651, Sec. 4. (AB 2432) Effective January 1, 2025.)
  56. 1384.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    If a judge or magistrate dismisses the action, a defendant in custody must be released, and bail or deposited bail money must be returned or exonerated.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1384. If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him or to the person or persons found by the court to have deposited said money on behalf of said defendant. (Amended by Stats. 1980, Ch. 938, Sec. 6.)
  57. 13840.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. )

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    The Legislature states that crime resistance and juvenile delinquency prevention require cooperation between community and law enforcement, and it seeks to recognize successful community-based programs.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. ) ## 13840. The Legislature hereby finds the resistance to crime and juvenile delinquency requires the cooperation of both community and law enforcement officials; and that successful crime resistance programs involving the participation of citizen volunteers and community leaders shall be identified and given recognition. In enacting this chapter, the Legislature intends to recognize successful crime resistance and prevention programs, disseminate successful techniques and information and to encourage local agencies to involve citizen volunteers in efforts to combat crime and related problems. (Added by Stats. 1982, Ch. 1291, Sec. 1.)
  58. 13841.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “community,” “elderly or senior citizen,” “teenagers and young adults,” and “community policing.”

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. ) ## 13841. As used in this chapter: (a) “Community” means city or county governments or portions or combinations thereof. (b) “Elderly or senior citizen” means individuals 55 years of age or older. (c) “Teenagers and young adults” means individuals between the ages of 15 and 24 years of age. (d) “Community policing” means the coalescing of community organizations, residents, law enforcement, public social services, education, churches, and local governmental entities to unitedly combat illegal drug activity within a designated neighborhood, and create employment opportunity for neighborhood residents. In no case shall “community policing” include expenditures for the purchase of law enforcement equipment which would have been purchased from existing resources in the normal course of business. (Amended by Stats. 1990, Ch. 1419, Sec. 1.)
  59. 13843.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. )

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    This section sets grant-application, award, and matching-fund rules for the California Community Crime Resistance Program.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. ) ## 13843. (a) Allocation and award of funds made available under this chapter shall be made upon application to the Office of Emergency Services. All applications shall be reviewed and evaluated by the Office of Emergency Services. (b) The Director of Emergency Services may allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs in compliance with the established policies and criteria of the agency. Applications receiving funding under this section shall be selected from among those deemed appropriate for funding according to the criteria, policy, and procedures established by the Office of Emergency Services. (c) With the exception of funds awarded for programs authorized under paragraph (2) of subdivision (b) of Section 13844, no single award of funds under this chapter shall exceed a maximum of two hundred fifty thousand dollars ($250,000) for a 12-month grant period. (d) Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Community Crime Resistance Program, be made available to support crime resistance programs. (e) Funds disbursed under this chapter shall be supplemented with local funds constituting, at a minimum, 10 percent of the total crime resistance program budget during the initial year and 20 percent in subsequent periods of funding. (f) Annually, up to a maximum of 10 percent of the total funds appropriated to the Community Crime Resistance Program may be used by the Office of Emergency Services to support statewide technical assistance, training, and public awareness activities relating to crime prevention. (g) Funds awarded under this program as local assistance grants shall not be subject to review as specified in Section 14780 of the Government Code. (h) Guidelines shall set forth the terms and conditions upon which the Office of Emergency Services is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders, or standards of general application. (Amended by Stats. 2013, Ch. 352, Sec. 451. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  60. 13844.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. )

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    This section limits program funds to listed crime-prevention activities and requires approved programs to use volunteers, recruit senior citizens for elderly-focused programs, and show commitment to future local funding support.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. ) ## 13844. (a) Use of funds granted under the California Community Crime Resistance Program are restricted to the following activities: (1) Further the goal of a statewide crime prevention network by supporting the initiation or expansion of local crime prevention efforts. (2) Provide information and encourage the use of new and innovative refinements to the traditional crime prevention model in localities that currently maintain a well-established crime prevention program. (3) Support the development of a coordinated service network, including information exchange and case referral between such programs as local victim-witness assistance programs, sexual assault programs, gang violence reduction programs, drug suppression programs, elderly care custodians, state and local elderly service programs, or any other established and recognizable local programs devoted to the lessening of crime and the promotion of the community’s well-being. (b) With respect to the initiation or expansion of local crime prevention efforts, projects supported under the California Community Crime Resistance Program shall do either of the following: (1) Carry out as many of the following activities as deemed, in the judgment of the Office of Emergency Services, to be consistent with available resources: (A) Crime prevention programs using tailored outreach techniques in order to provide effective and consistent services for the elderly in the following areas: (i) Crime prevention information to elderly citizens regarding personal safety, fraud, theft, grand theft, burglary, and elderly abuse. (ii) Services designed to respond to the specific and diverse crime prevention needs of elderly residential communities. (iii) Specific services coordinated to assist in the installation of security devices or provision of escort services and victim assistance. (B) Programs to provide training, information, and prevention literature to peace officers, elderly care custodians, health practitioners, and social service providers regarding physical abuse and neglect within residential health care facilities for the elderly. (C) Programs to promote neighborhood involvement such as, but not limited to, block clubs and other community or resident-sponsored anticrime programs. (D) Personal safety programs. (E) Domestic violence prevention programs. (F) Crime prevention programs specifically geared to youth in schools and school district personnel. (G) Programs which make available to residents and businesses information on locking devices, building security, and related crime resistance approaches. (H) In cooperation with the Commission on Peace Officer Standards and Training, support for the training of peace officers in crime prevention and its effects on the relationship between citizens and law enforcement. (I) Efforts to address the crime prevention needs of communities with high proportions of teenagers and young adults, low-income families, and non-English-speaking residents, including juvenile delinquency diversion, social service referrals, and making available crime resistance literature in appropriate languages other than English. (2) Implement a community policing program in targeted neighborhoods that are drug infested. The goal of this program shall be to empower the people against illegal drug activity. A program funded pursuant to this chapter shall be able to target one or more neighborhoods within the grant period. In order to be eligible for funding, the program shall have the commitment of the community, local law enforcement, school districts, and community service groups; and shall be supported by either the city council or the board of supervisors, whichever is applicable. (c) With respect to the support of new and innovative techniques, communities taking part in the California Crime Resistance Program shall carry out those activities, as determined by the Office of Emergency Services, that conform to local needs and are consistent with available expertise and resources. These techniques may include, but are not limited to, community policing programs or activities involving the following: (1) Programs to reinforce the security of “latchkey” children, including neighborhood monitoring, special contact telephone numbers, emergency procedure training for the children, daily telephone checks for the children’s well-being, and assistance in developing safe alternatives to unsupervised conditions for children. (2) Programs dedicated to educating parents in procedures designed to do all of the following: (A) Minimize or prevent the abduction of children. (B) Assist children in understanding the risk of child abduction. (C) Maximize the recovery of abducted children. (3) Programs devoted to developing automated systems for monitoring and tracking crimes within organized neighborhoods. (4) Programs devoted to developing timely “feedback mechanisms” whose goals would be to alert residents to new crime problems and to reinforce household participation in neighborhood security organizations. (5) Programs devoted to creating and packaging special crime prevention approaches tailored to the special needs and characteristics of California’s cultural and ethnic minorities. (6) Research into the effectiveness of local crime prevention efforts including the relationships between crime prevention activities, participants’ economic and demographic characteristics, project costs, local or regional crime rate, and law enforcement planning and staff deployment. (7) Programs devoted to crime and delinquency prevention through the establishment of partnership initiatives utilizing elderly and juvenile volunteers. (d) All approved programs shall utilize volunteers to assist in implementing and conducting community crime resistance programs. Programs providing elderly crime prevention programs shall recruit senior citizens to assist in providing services. (e) Programs funded pursuant to this chapter shall demonstrate a commitment to support citizen involvement with local funds after the program has been developed and implemented with state moneys. (Amended by Stats. 2013, Ch. 352, Sec. 452. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  61. 13845.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. )

    Verify source ↗

    Funding decisions for this program must consider several community and crime-related factors, and applicants must be city or county governments (or part/combinations of them).

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. ) ## 13845. Selection of communities to receive funding shall include consideration of, but need not be limited to, the following: (1) Compliance with subdivisions (a), (b), and (c) of Section 13844. (2) The rate of reported crime, by type, including, but not limited to, the seven major offenses, in the community making the application. (3) The number of elderly citizens residing in the community compared to the degree of service to be offered by the program for the elderly population. (4) The number and ratio of elderly crime victims compared to the total senior citizen population in that community. (5) The number of teenagers and young adults residing in the community. (6) The number and ratio of crimes committed by teenagers and young adults. (7) The proportion of families with an income below the federally established poverty level in the community. (8) The proportion of non-English-speaking citizens in the community. (9) The display of efforts of cooperation between the community and their local law enforcement agency in dealing with the crime problem. (10) Demonstrated effort on the part of the applicant to show how funds that may be awarded under this program may be coordinated or consolidated with other local, state or federal funds available for the activities set forth in Section 13844. (11) Applicant must be a city or county government, or portion or combinations thereof. (Amended by Stats. 1987, Ch. 1462, Sec. 5.)
  62. 13845.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. )

    Verify source ↗

    Communities selected for funding must be considered using specified drug-crime and local-support factors, and the applicant must be a city or county law enforcement agency or part of one.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. ) ## 13845.5. Notwithstanding Section 13845, the selection of communities to receive funding pursuant to paragraph (2) of subdivision (b) of Section 13844 shall include consideration of, but is not limited to, the following: (a) The rate of reported drug crime within the community making the application. (b) The degree to which the program proposes to empower the people within the targeted neighborhoods to combat drug crime. (c) The display of efforts of cooperation between the community and its local law enforcement agency in dealing with the drug crime problem. (d) The commitment of the targeted neighborhoods to fight the drug problem. (e) The commitment of local governmental entities to join with law enforcement and the citizens to fight the drug problem. At a minimum, this commitment shall be demonstrated by the school districts, parks and recreation departments, public social services, and code enforcement agencies. (f) The approval of the program by either the city council or the county board of supervisors. (g) Demonstrated effort on the part of the applicant to show how funds that may be awarded under this program may be coordinated or consolidated with other local, state, or federal funds available for the activities set forth in Section 13844. (h) Applicant shall be a city or county law enforcement agency, or portion, or combination thereof. (Added by Stats. 1990, Ch. 1419, Sec. 4.)
  63. 13846.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. )

    Verify source ↗

    The office must evaluate and monitor grants, issue standard reporting forms, and share information about successful programs with other California communities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5. California Community Crime Resistance Program [13840 - 13846] ( Chapter 5 added by Stats. 1982, Ch. 1291, Sec. 1. ) ## 13846. (a) Evaluation and monitoring of all grants made under this section shall be the responsibility of the office. The office shall issue standard reporting forms for reporting the level of activities and number of crimes reported in participating communities. (b) Information on successful programs shall be made available and relayed to other California communities through the technical assistance procedures of the office. (Amended by Stats. 2013, Ch. 352, Sec. 453. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  64. 13847.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.5. Rural Indian Crime Prevention Program [13847 - 13847.2] ( Chapter 5.5 added by Stats. 1990, Ch. 132, Sec. 1. )

    Verify source ↗

    This section creates the Rural Indian Crime Prevention Program and lets the Director of Emergency Services fund qualifying local governments, while requiring guidelines and limiting funds from replacing local crime-prevention money.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.5. Rural Indian Crime Prevention Program [13847 - 13847.2] ( Chapter 5.5 added by Stats. 1990, Ch. 132, Sec. 1. ) ## 13847. (a) There is hereby established in the Office of Emergency Services a program of financial and technical assistance for local law enforcement, called the Rural Indian Crime Prevention Program. The program shall target the relationship between law enforcement and Native American communities to encourage and to strengthen cooperative efforts and to implement crime suppression and prevention programs. (b) The Director of Emergency Services may allocate and award funds to those local units of government, or combinations thereof, in which a special program is established in law enforcement agencies that meets the criteria set forth in Sections 13847.1 and 13847.2. (c) The allocation and award of funds shall be made upon application executed by the chief law enforcement officer of the applicant unit of government and approved by the legislative body. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the Rural Indian Crime Prevention Program, be made available to support the suppression and prevention of crime on reservations and rancherias. (d) The Director of Emergency Services shall prepare and issue administrative guidelines and procedures for the Rural Indian Crime Prevention Program consistent with this chapter. (e) The guidelines shall set forth the terms and conditions upon which the Office of Emergency Services is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders, or standards of general application. (Amended by Stats. 2013, Ch. 352, Sec. 454. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  65. 13847.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.5. Rural Indian Crime Prevention Program [13847 - 13847.2] ( Chapter 5.5 added by Stats. 1990, Ch. 132, Sec. 1. )

    Verify source ↗

    Law enforcement agencies receiving funds under this chapter must meet listed criteria, including culturally sensitive training, community crime-awareness programs, drug traffic intervention programs, and delinquency prevention or diversion programs.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.5. Rural Indian Crime Prevention Program [13847 - 13847.2] ( Chapter 5.5 added by Stats. 1990, Ch. 132, Sec. 1. ) ## 13847.1. Law enforcement agencies receiving funds under this chapter shall meet the following criteria: (a) Training of law enforcement personnel to be culturally sensitive in the delivery of services to the Native American communities. This training shall include, but shall not be limited to, all of the following: (1) The creation of an Indian community officer position. (2) The recruiting and training of Native American volunteers to assist in implementing and conducting reservation or rancheria crime prevention programs. (b) Increasing community crime awareness by establishing community involvement programs, such as community or neighborhood watch programs, tailored for reservations and rancherias. (c) Establishing drug traffic intervention programs on reservations through the increased use of law enforcement and special assignment officers. (d) Developing a delinquency prevention or diversion program for Indian teenagers and young adults. (Added by Stats. 1990, Ch. 132, Sec. 1. Effective June 11, 1990.)
  66. 13847.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.5. Rural Indian Crime Prevention Program [13847 - 13847.2] ( Chapter 5.5 added by Stats. 1990, Ch. 132, Sec. 1. )

    Verify source ↗

    This section sets up the Rural Indian and Law Enforcement Local Advisory Committee, gives the Director of Emergency Services authority to designate its members, and assigns the Office of Emergency Services responsibility for administering and monitoring the program.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.5. Rural Indian Crime Prevention Program [13847 - 13847.2] ( Chapter 5.5 added by Stats. 1990, Ch. 132, Sec. 1. ) ## 13847.2. (a) The Rural Indian and Law Enforcement Local Advisory Committee shall be composed of a chief executive of a law enforcement agency, two tribal council members, two tribal elders, one Indian law enforcement officer, one Indian community officer, one representative of the Bureau of Indian Affairs, and any additional members that may prove to be crucial to the committee. All members of the advisory committee shall be designated by the Director of Emergency Services, who shall provide staff services to the advisory committee. (b) The Director of Emergency Services, in consultation with the advisory committee, shall develop specific guidelines, and administrative procedures, for the selection of projects to be funded by the Rural Indian Crime Prevention Program which guidelines shall include the selection criteria described in this chapter. (c) Administration of the overall program and the evaluation and monitoring of all grants made under this chapter shall be performed by the Office of Emergency Services, provided that funds expended for these functions shall not exceed 5 percent of the total annual amount made available for the purpose of this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 455. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  67. 13848.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.7. High Technology Theft Apprehension and Prosecution Program [13848 - 13848.4] ( Chapter 5.7 added by Stats. 1997, Ch. 906, Sec. 2. )

    Verify source ↗

    This section says the Legislature intended to help local law enforcement, district attorneys, and law enforcement agencies respond to high technology crime.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.7. High Technology Theft Apprehension and Prosecution Program [13848 - 13848.4] ( Chapter 5.7 added by Stats. 1997, Ch. 906, Sec. 2. ) ## 13848. (a) It is the intent of the Legislature in enacting this chapter to provide local law enforcement and district attorneys with the tools necessary to successfully interdict the promulgation of high technology crime. According to the federal Law Enforcement Training Center, it is expected that states will see a tremendous growth in high technology crimes over the next few years as computers become more available and computer users more skilled in utilizing technology to commit these faceless crimes. High technology crimes are those crimes in which technology is used as an instrument in committing, or assisting in the commission of, a crime, or which is the target of a criminal act. (b) Funds provided under this program are intended to ensure that law enforcement is equipped with the necessary personnel and equipment to successfully combat high technology crime which includes, but is not limited to, the following offenses: (1) White-collar crime, such as check, automated teller machine, and credit card fraud, committed by means of electronic or computer-related media. (2) Unlawful access, destruction of or unauthorized entry into and use of private, corporate, or government computers and networks, including wireless and wireline communications networks and law enforcement dispatch systems, and the theft, interception, manipulation, destruction, or unauthorized disclosure of data stored within those computers and networks. (3) Money laundering accomplished with the aid of computer networks or electronic banking transfers. (4) Theft and resale of telephone calling codes, theft of telecommunications service, theft of wireless communication service, and theft of cable television services by manipulation of the equipment used to receive those services. (5) Software piracy and other unlawful duplication of information. (6) Theft and resale of computer components and other high technology products produced by the high technology industry. (7) Remarking and counterfeiting of computer hardware and software. (8) Theft of trade secrets. (c) This program is also intended to provide support to law enforcement agencies by providing technical assistance to those agencies with respect to the seizure and analysis of computer systems used to commit high technology crimes or store evidence relating to those crimes. (Amended by Stats. 1998, Ch. 555, Sec. 2. Effective September 18, 1998.)
  68. 13848.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.7. High Technology Theft Apprehension and Prosecution Program [13848 - 13848.4] ( Chapter 5.7 added by Stats. 1997, Ch. 906, Sec. 2. )

    Verify source ↗

    A program called the High Technology Theft Apprehension and Prosecution Program is established to provide financial and technical assistance to law enforcement and district attorneys’ offices.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.7. High Technology Theft Apprehension and Prosecution Program [13848 - 13848.4] ( Chapter 5.7 added by Stats. 1997, Ch. 906, Sec. 2. ) ## 13848.2. There is hereby established a program of financial and technical assistance for law enforcement and district attorneys’ offices, designated the High Technology Theft Apprehension and Prosecution Program. (Amended by Stats. 2012, Ch. 43, Sec. 75. (SB 1023) Effective June 27, 2012.)
  69. 13848.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.7. High Technology Theft Apprehension and Prosecution Program [13848 - 13848.4] ( Chapter 5.7 added by Stats. 1997, Ch. 906, Sec. 2. )

    Verify source ↗

    This section requires program funds to be spent only on high-technology crime prevention, investigation, and prosecution, and lets a regional task force choose DOJ administration.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.7. High Technology Theft Apprehension and Prosecution Program [13848 - 13848.4] ( Chapter 5.7 added by Stats. 1997, Ch. 906, Sec. 2. ) ## 13848.4. (a) Moneys allocated for the High Technology Theft Apprehension and Prosecution Program pursuant to Section 13821 shall be expended to fund programs to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute high technology related crimes. Funds shall be expended to fund programs to enhance the capacity of local law enforcement, state police, and local prosecutors to deter, investigate, and prosecute high technology related crimes. Any funds distributed under this chapter shall be expended for the exclusive purpose of deterring, investigating, and prosecuting high technology related crimes. (b) The funds allocated to the Department of Justice pursuant to paragraph (8) of subdivision (c) of Section 13821 shall be used for developing and maintaining a statewide database on high technology crime for use in developing and distributing intelligence information to participating law enforcement agencies and for the purposes of establishing statewide programs of education, training, and research for public prosecutors, investigators, and law enforcement officers relating to deterring, investigating, and prosecuting high technology related crimes. (c) Any regional task force receiving funds under this section may elect to have the Department of Justice administer the regional task force program. The department may be reimbursed for any expenditures incurred for administering a regional task force from funds given to local law enforcement pursuant to subdivision (b). (d) No contract shall be entered into with the California District Attorneys Association for the purposes of financial and technical assistance pursuant to the High Technology Theft Apprehension and Prosecution Program authorized by Section 13848.2. (Amended by Stats. 2021, Ch. 83, Sec. 4. (SB 157) Effective July 16, 2021.)
  70. 13849.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.8. Human Trafficking Prevention Vertical Prosecution Program [13849- 13849.] ( Chapter 5.8 added by Stats. 2025, Ch. 82, Sec. 7. )

    Verify source ↗

    This section creates a financial and technical assistance program for county district attorney offices to prosecute human trafficking crimes.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 5.8. Human Trafficking Prevention Vertical Prosecution Program [13849- 13849.] ( Chapter 5.8 added by Stats. 2025, Ch. 82, Sec. 7. ) ## 13849. (a) There is hereby established in the Office of Emergency Services a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes. (b) The Director of Emergency Services shall, to the extent funds are available for this purpose, allocate and award funds to up to 11 district attorney offices that apply for funding pursuant to this chapter. Each county selected for funding shall meet all of the following minimum requirements: (1) Employ a vertical prosecution methodology for human trafficking crimes. (2) Dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crimes. (3) Provide the office with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county. (4) Enter into an agreement, either by contract or a memorandum of understanding, with an advocacy agency funded by the office that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services. (5) Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources. (c) The office shall select applications based upon a competitive process and may establish selection criteria. At a minimum, an applicant shall demonstrate the ability to comply with the criteria in subdivision (b) and include an estimate of the number of potential human trafficking crimes in that county. (d) (1) On or before January 1, 2028, the office shall submit to the Legislature and the Governor’s office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties. (2) The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (e) As used in this section, “human trafficking crimes” means any violation of Section 236.1 or subdivision (l) of Section 647. (f) Not more than 10 percent of funds appropriated for this program shall be retained by the office for administrative costs, including technical assistance, training, and the cost of producing the report required pursuant to subdivision (d). (Added by Stats. 2025, Ch. 82, Sec. 7. (AB 379) Effective January 1, 2026.)
  71. 1385.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    This section lets a judge or magistrate dismiss an action or enhancement in the interest of justice, but requires stated reasons and limits dismissal in some situations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1385. (a) The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading. (b) (1) If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a). (2) This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a). (c) (1) Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. (2) In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. “Endanger public safety” means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others. (A) Application of the enhancement would result in a discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745. (B) Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed. (C) The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed. (D) The current offense is connected to mental illness. (E) The current offense is connected to prior victimization or childhood trauma. (F) The current offense is not a violent felony as defined in subdivision (c) of Section 667.5. (G) The defendant was a juvenile when they committed the current offense or any prior offenses, including criminal convictions and juvenile adjudications, that trigger the enhancement or enhancements applied in the current case. (H) The enhancement is based on a prior conviction that is over five years old. (I) Though a firearm was used in the current offense, it was inoperable or unloaded. (3) While the court may exercise its discretion at sentencing, this subdivision does not prevent a court from exercising its discretion before, during, or after trial or entry of plea. (4) The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a). (5) For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. A court may conclude that a defendant’s mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendant’s mental illness substantially contributed to the defendant’s involvement in the commission of the offense. (6) For the purposes of this subdivision, the following terms have the following meanings: (A) “Childhood trauma” means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect. A court may conclude that a defendant’s childhood trauma was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendant’s childhood trauma substantially contributed to the defendant’s involvement in the commission of the offense. (B) “Prior victimization” means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. A court may conclude that a defendant’s prior victimization was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendant’s prior victimization substantially contributed to the defendant’s involvement in the commission of the offense. (7) This subdivision shall apply to all sentencings occurring after January 1, 2022. (Amended by Stats. 2023, Ch. 131, Sec. 160. (AB 1754) Effective January 1, 2024.)
  72. 1385.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    A judge must not strike or dismiss a special circumstance if it was admitted by guilty or nolo contendere plea, or found by a jury or court under Sections 190.1 to 190.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1385.1. Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court as provided in Sections 190.1 to 190.5, inclusive. (Added June 5, 1990, by initiative Proposition 115, Sec. 26.)
  73. 13850.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. )

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    The Legislature finds that serious crime is often committed by a relatively small group of repeat felony offenders and says local law enforcement should be supported in efforts to investigate and apprehend them.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. ) ## 13850. The Legislature hereby finds that a substantial and disproportionate amount of serious crime is committed against the people of California by a relatively small number of multiple and repeat felony offenders, commonly known as career criminals. In enacting this chapter, the Legislature intends to support increased efforts by local law enforcement agencies to investigate and apprehend career criminals through management, organization and operational techniques that have been demonstrated to be effective in selected cities and counties in this and other states, and through advanced state-of-the-art techniques that focus law enforcement efforts and resources on identifying persons subject to career criminal apprehension efforts. (Amended by Stats. 1985, Ch. 477, Sec. 1.)
  74. 13851.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. )

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    The Director of Emergency Services must administer and disburse program funds, may allocate and award them to eligible local governments, and must issue program guidelines.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. ) ## 13851. (a) There is hereby established in the Office of Emergency Services a program of financial, training, and technical assistance for local law enforcement, called the California Career Criminal Apprehension Program. All funds made available to the Office of Emergency Services for the purposes of this chapter shall be administered and disbursed by the Director of Emergency Services. (b) The Director of Emergency Services is authorized to allocate and award funds to those local units of government or combinations thereof, in which a special program is established in law enforcement agencies that meets the criteria set forth in Sections 13852 and 13853. (c) The allocation and award of funds shall be made upon application executed by the chief law enforcement officer of the applicant unit of government and approved by the legislative body. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Career Criminal Apprehension Program, be made available to support the apprehension of multiple or repeat felony criminal offenders. (d) The Director of Emergency Services shall prepare and issue administrative guidelines and procedures for the California Career Criminal Apprehension Program consistent with this chapter. (e) These guidelines shall set forth the terms and conditions upon which the Office of Emergency Services is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders, or standards of general application. (Amended by Stats. 2013, Ch. 352, Sec. 456. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  75. 13852.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. )

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    Agencies receiving funds under this chapter must use enhanced law enforcement management efforts and resources, including crime analysis. Supported career criminal apprehension programs must focus on identifying and arresting career criminals, support prosecution, keep coordination with prosecutors, and use qualified personnel.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. ) ## 13852. Law enforcement agencies receiving funds under this chapter shall employ enhanced law enforcement management efforts and resources. Enhanced law enforcement efforts and resources shall include, but not be limited to: (a) Crime analysis, which is the timely collection and study of local crime data to perform all of the following: (1) Identify evolving or existing crime patterns, particularly those involving career felony criminals. (2) Provide investigative leads. (3) Identify geographical areas or population groups experiencing relatively severe crime victimization, in order to improve effectiveness of crime prevention efforts. (4) Provide supporting data for improved allocation of overall law enforcement agency resources. (b) Improved management of patrol and investigative operations involving use of information resulting from crime analysis, which may include participation in multijurisdictional investigative units and measures to increase continuity of investigative efforts from the initial patrol response through the arrest and prosecution of the offender. Such measures may include: (1) Innovative personnel deployment techniques. (2) Innovative techniques of case screening. (3) Management of continuing investigations. (4) Monitoring of investigation operations. (c) (1) Each career criminal apprehension program, supported under this chapter, shall concentrate on the identification and arrest of career criminals and the support of their subsequent prosecution. The determination of which suspected felony offenders shall be the subject of career criminal apprehension efforts shall be in accordance with written criteria developed by the applicant law enforcement agency, consistent with Section 13853 and approved by the head district attorney. Highly qualified and experienced personnel shall be assigned to staff career criminal apprehension programs. (2) Each career criminal apprehension program as one of its ongoing functions, shall maintain coordination with the prosecutor assigned to each case resulting from its efforts. This coordination should include, but not be limited to, case preparation, processing, and adjudication. (Amended by Stats. 1985, Ch. 477, Sec. 3.)
  76. 13853.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. )

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    An individual under investigation for certain listed felonies may be subject to career criminal apprehension efforts if the stated prior-felony conditions are met.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. ) ## 13853. An individual who is under investigation for the commission or attempted commission of one or more of the felonies listed in paragraph (1) of subdivision (a) of Section 999e and who is determined to have committed three or more separate felony offenses not arising out of the same transaction, or has been convicted during the preceding 10 years for the commission or attempted commission of any felony listed in subdivision (a), or at least two convictions during the preceding 10 years for the commission or attempted commission of any felony listed in subdivision (b) may be the subject of career criminal apprehension efforts. (a) Robbery of the first degree, carjacking, burglary of the first degree, arson as defined in Section 451 or 452, forcible rape, sodomy or oral copulation committed with force, lewd or lascivious conduct committed upon a child, kidnapping as defined in Section 209 or 209.5, murder, or manslaughter. (b) Grand theft, grand theft auto, receiving stolen property, robbery of the second degree, burglary of the second degree, kidnapping as defined in Section 207, assault with a deadly weapon or instrument, or any unlawful act relating to controlled substances in violation of Section 11351 or 11352 of the Health and Safety Code. For purposes of this chapter, the 10-year periods specified in this section shall be exclusive of any time which the arrested person has served in state prison. (Amended by Stats. 1996, Ch. 646, Sec. 2. Effective September 19, 1996.)
  77. 13854.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. )

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    The Director of Emergency Services must create selection guidelines and procedures for the program, the Office of Emergency Services must administer and monitor the program and grants, and local assistance grants under this chapter are exempt from Section 10290 review.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 6. California Career Criminal Apprehension Program [13850 - 13854] ( Chapter 6 added by Stats. 1982, Ch. 1292, Sec. 1. ) ## 13854. (a) The Director of Emergency Services shall develop specific guidelines, and administrative procedures, for the selection of the California Career Criminal Apprehension Program. (b) Administration of the overall program and the evaluation and monitoring of all grants made under this chapter shall be performed by the Office of Emergency Services, provided that funds expended for those functions shall not exceed 7.5 percent of the total annual amount made available for the purpose of this chapter. (c) Local assistance grants made pursuant to this chapter shall not be subject to review pursuant to Section 10290 of the Public Contract Code. (Amended by Stats. 2013, Ch. 352, Sec. 457. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  78. 1386.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    The Attorney General and district attorney cannot discontinue or abandon a prosecution for a public offense, except as allowed by Section 1385.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1386. The entry of a nolle prosequi is abolished, and neither the Attorney General nor the district attorney can discontinue or abandon a prosecution for a public offense, except as provided in Section 1385. (Amended by Stats. 1987, Ch. 828, Sec. 93.)
  79. 13860.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 7. Suppression of Drug Abuse in Schools [13860 - 13864] ( Chapter 7 added by Stats. 1983, Ch. 952, Sec. 1. )

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    The Legislature states that schools face a significant drug abuse and trafficking problem and says this chapter is meant to support local efforts to reduce it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 7. Suppression of Drug Abuse in Schools [13860 - 13864] ( Chapter 7 added by Stats. 1983, Ch. 952, Sec. 1. ) ## 13860. The Legislature finds and declares that a substantial drug abuse and drug trafficking problem exists among school-age children on and around school campuses in the State of California. By enacting this chapter, it is the intention of the Legislature to support increased efforts by local law enforcement agencies, working in conjunction with school districts and county drug offices to suppress trafficking and prevent drug abuse among school age children on and around school campuses through the development of innovative and model programs by local law enforcement agencies and schools and drug abuse agencies. As used in this chapter, drugs are defined as marijuana, inhalants, narcotics, dangerous drugs, pharmaceuticals, glue and alcohol. It is the further intention of the Legislature to establish a program of financial and technical assistance for local law enforcement and school districts. (Added by Stats. 1983, Ch. 952, Sec. 1. Effective September 20, 1983.)
  80. 13861.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 7. Suppression of Drug Abuse in Schools [13860 - 13864] ( Chapter 7 added by Stats. 1983, Ch. 952, Sec. 1. )

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    This section creates a school drug-abuse suppression program and gives the Director of Emergency Services authority to administer and award funds, while requiring consultations, application review, and timely issuance of program guidelines.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 7. Suppression of Drug Abuse in Schools [13860 - 13864] ( Chapter 7 added by Stats. 1983, Ch. 952, Sec. 1. ) ## 13861. There is hereby created in the Office of Emergency Services the Suppression of Drug Abuse in Schools Program. All funds made available to the Office of Emergency Services for the purposes of this chapter shall be administered and disbursed by the Director of Emergency Services in consultation with the State Suppression of Drug Abuse in Schools Advisory Committee established pursuant to Section 13863. (a) The Director of Emergency Services, in consultation with the State Suppression of Drug Abuse in Schools Advisory Committee, is authorized to allocate and award funds to local law enforcement agencies and public schools jointly working to develop drug abuse prevention and drug trafficking suppression programs in substantial compliance with the policies and criteria set forth in Sections 13862 and 13863. (b) The allocation and award of funds shall be made upon the joint application by the chief law enforcement officer of the coapplicant law enforcement agency and approved by the law enforcement agency’s legislative body and the superintendent and board of the school district coapplicant. The joint application of the law enforcement agency and the school district shall be submitted for review to the Local Suppression of Drug Abuse in Schools Advisory Committee established pursuant to paragraph (4) of subdivision (a) of Section 13862. After review, the application shall be submitted to the Office of Emergency Services. Funds disbursed under this chapter may enhance but shall not supplant local funds that would, in the absence of the Suppression of Drug Abuse in Schools Program, be made available to suppress and prevent drug abuse among schoolage children and to curtail drug trafficking in and around school areas. (c) The coapplicant local law enforcement agency and the coapplicant school district may enter into interagency agreements between themselves which will allow the management and fiscal tasks created pursuant to this chapter and assigned to both the law enforcement agency and the school district to be performed by only one of them. (d) Within 90 days of the effective date of this chapter, the Director of Emergency Services, in consultation with the State Suppression of Drug Abuse in Schools Advisory Committee established pursuant to Section 13863, shall prepare and issue administrative guidelines and procedures for the Suppression of Drug Abuse in Schools Program consistent with this chapter. In addition to all other formal requirements that may apply to the enactment of these guidelines and procedures, a complete and final draft shall be submitted within 60 days of the effective date of this chapter to the Chairpersons of the Committee on Criminal Law and Public Safety of the Assembly and the Judiciary Committee of the Senate of the California Legislature. (Amended by Stats. 2013, Ch. 352, Sec. 458. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  81. 13862.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 7. Suppression of Drug Abuse in Schools [13860 - 13864] ( Chapter 7 added by Stats. 1983, Ch. 952, Sec. 1. )

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    Agencies and school districts receiving funds must focus enhanced prevention, enforcement, and education efforts on drug abuse and drug trafficking around school campuses.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 7. Suppression of Drug Abuse in Schools [13860 - 13864] ( Chapter 7 added by Stats. 1983, Ch. 952, Sec. 1. ) ## 13862. Law enforcement agencies and school districts receiving funds under this chapter shall concentrate enhanced apprehension, prevention, and education efforts and resources on drug abuse and drug trafficking in and around school campuses. (a) These enhanced apprehension, prevention, and education efforts shall include, but not be limited to: (1) Drug traffic intervention programs. (2) School and classroom-oriented programs, using tested drug abuse education curriculum that provides indepth and accurate information on drugs, which may include the participation of local law enforcement agencies and qualified drug abuse prevention specialists and which are designed to increase teachers’ and students’ awareness of drugs and their effects. (3) Family oriented programs aimed at preventing drug abuse which may include the participation of community-based organizations experienced in the successful operation of such programs. (4) The establishment of a Local Suppression of Drug Abuse in Schools Advisory Committee. The committee shall be established and appointed by the board of supervisors of each county and city and county. However, if the agency receiving funds under this chapter is a city agency and the program does not involve any county agency, or if a county agency is involved and the county board of supervisors consents, the committee shall be established and appointed by the city council. The committee may be a newly created committee or an existing local drug abuse committee as designated by the board or city council. The committee shall be composed of, at a minimum, the following: (A) Local law enforcement executives. (B) School district executives. (C) Schoolsite staff, which includes administrators, teachers, or other credentialed personnel. (D) Parents. (E) Students. (F) School peace officers. (G) County drug program administrators designated pursuant to Section 11962 of the Health and Safety Code. (H) Drug prevention program executives. (5) Development and distribution of appropriate written and audio-visual aids for training of school and law enforcement staff for handling drug-related problems and offenses. Appropriate existing aids may be utilized in lieu of development of new materials. (6) Development of prevention and intervention programs for elementary school teachers and students, including utilization of existing prevention and intervention programs. (7) Development of a coordinated intervention system that identifies students with chronic drug abuse problems and facilitates their referral to a drug abuse treatment program. (b) Enhanced apprehension, prevention, and education efforts commenced under this section shall be a joint effort between local law enforcement and local school districts in cooperation with county drug program offices. These efforts shall include, but not be limited to, the concentration of apprehension efforts in “problem” areas identified by local school authorities. (c) Funds appropriated pursuant to this chapter may be used in part to support state-level development and statewide distribution of appropriate written and audio-visual aids for public awareness and training of school and law enforcement staff for handling drug-related problems and offenses. When existing aids can be identified, these aids may be utilized in lieu of the development of new aids. (Amended by Stats. 1988, Ch. 935, Sec. 2.)
  82. 13864.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 7. Suppression of Drug Abuse in Schools [13860 - 13864] ( Chapter 7 added by Stats. 1983, Ch. 952, Sec. 1. )

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    This section creates a school drug- and alcohol-prevention education component and sets how its funds are reviewed, allocated, and administered.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 7. Suppression of Drug Abuse in Schools [13860 - 13864] ( Chapter 7 added by Stats. 1983, Ch. 952, Sec. 1. ) ## 13864. There is hereby created in the Office of Emergency Services the Comprehensive Alcohol and Drug Prevention Education component of the Suppression of Drug Abuse in Schools Program in public elementary schools in grades 4 to 6, inclusive. Notwithstanding Section 13861 or any other provision in this code, all Comprehensive Alcohol and Drug Prevention Education component funds made available to the Office of Emergency Services in accordance with the Classroom Instructional Improvement and Accountability Act shall be administered by and disbursed to county superintendents of schools in this state by the Director of Emergency Services. All applications for that funding shall be reviewed and evaluated by the Office of Emergency Services, in consultation with the State Department of Health Care Services and the State Department of Education. (a) The Director of Emergency Services is authorized to allocate and award funds to county department superintendents of schools for allocation to individual school districts or to a consortium of two or more school districts. Applications funded under this section shall comply with the criteria, policies, and procedures established under subdivision (b) of this section. (b) As a condition of eligibility for the funding described in this section, the school district or consortium of school districts shall have entered into an agreement with a local law enforcement agency to jointly implement a comprehensive alcohol and drug abuse prevention, intervention, and suppression program developed by the Office of Emergency Services, in consultation with the State Department of Health Care Services and the State Department of Education, containing all of the following components: (1) A standardized age-appropriate curriculum designed for pupils in grades 4 to 6, inclusive, specifically tailored and sensitive to the socioeconomic and ethnic characteristics of the target pupil population. Although new curricula shall not be required to be developed, existing curricula may be modified and adapted to meet local needs. The elements of the standardized comprehensive alcohol and drug prevention education program curriculum shall be defined and approved by the Governor’s Policy Council on Drug and Alcohol Abuse, as established by Executive Order No. D-70-80. (2) A planning process that includes assessment of the school district’s characteristics, resources, and the extent of problems related to juvenile drug abuse, and input from local law enforcement agencies. (3) A school district governing board policy that provides for a coordinated intervention system that, at a minimum, includes procedures for identification, intervention, and referral of at-promise alcohol- and drug-involved youth, and identifies the roles and responsibilities of law enforcement, school personnel, parents, and pupils. (4) Early intervention activities that include, but are not limited to, the identification of pupils who are high risk or have chronic drug abuse problems, assessment, and referral for appropriate services, including ongoing support services. (5) Parent education programs to initiate and maintain parental involvement, with an emphasis for parents of at-risk pupils. (6) Staff and in-service training programs, including both indepth training for the core team involved in providing program services and general awareness training for all school faculty and administrative, credentialed, and noncredentialed school personnel. (7) In-service training programs for local law enforcement officers. (8) School, law enforcement, and community involvement to ensure coordination of program services. Pursuant to that coordination, the school district or districts and other local agencies are encouraged to use a single community advisory committee or task force for drug, alcohol, and tobacco abuse prevention programs, as an alternative to the creation of a separate group for that purpose under each state or federally funded program. (c) The application of the county superintendent of schools shall be submitted to the Office of Emergency Services. Funds made available to the Office of Emergency Services for allocation under this section are intended to enhance, but shall not supplant, local funds that would, in the absence of the Comprehensive Alcohol and Drug Prevention Education component, be made available to prevent, intervene in, or suppress drug abuse among schoolage children. For districts that are already implementing a comprehensive drug abuse prevention program for pupils in grades 4 to 6, inclusive, the county superintendent shall propose the use of the funds for drug prevention activities in school grades other than 4 to 6, inclusive, compatible with the program components of this section. The expenditure of funds for that alternative purpose shall be approved by the Director of Emergency Services. (1) Unless otherwise authorized by the Office of Emergency Services, each county superintendent of schools shall be the fiscal agent for any Comprehensive Alcohol and Drug Prevention Education component award, and shall be responsible for ensuring that each school district within that county receives the allocation prescribed by the Office of Emergency Services. Each county superintendent shall develop a countywide plan that complies with program guidelines and procedures established by the Office of Emergency Services pursuant to subdivision (d). A maximum of 5 percent of the county’s allocation may be used for administrative costs associated with the project. (2) Each county superintendent of schools shall establish and chair a local coordinating committee to assist the superintendent in developing and implementing a countywide implementation plan. This committee shall include the county drug administrator, law enforcement executives, school district governing board members and administrators, school faculty, parents, and drug prevention and intervention program executives selected by the superintendent and approved by the county board of supervisors. (d) The Director of Emergency Services, in consultation with the State Department of Health Care Services and the State Department of Education, shall prepare and issue guidelines and procedures for the Comprehensive Alcohol and Drug Prevention Education component consistent with this section. (e) The Comprehensive Alcohol and Drug Prevention Education component guidelines shall set forth the terms and conditions upon which the Office of Emergency Services is prepared to award grants of funds pursuant to this section. The guidelines shall not constitute rules, regulations, orders, or standards of general application. (f) Funds awarded under the Comprehensive Alcohol and Drug Prevention Education Program shall not be subject to Section 10318 of the Public Contract Code. (g) Funds available pursuant to Item 8100-111-001 and Provision 1 of Item 8100-001-001 of the Budget Act of 1989, or the successor provision of the appropriate Budget Act, shall be allocated to implement this section. (h) The Director of Emergency Services shall collaborate, to the extent possible, with other state agencies that administer drug, alcohol, and tobacco abuse prevention education programs to streamline and simplify the process whereby local educational agencies apply for drug, alcohol, and tobacco education funding under this section and under other state and federal programs. The Office of Emergency Services, the State Department of Health Care Services, the State Department of Education, and other state agencies, to the extent possible, shall develop joint policies and collaborate planning in the administration of drug, alcohol, and tobacco abuse prevention education programs. (Amended by Stats. 2019, Ch. 800, Sec. 23. (AB 413) Effective January 1, 2020.)
  83. 1387.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    This section limits when a prior dismissal bars another prosecution for the same offense, and it lists several exceptions and time limits.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1387. (a) An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the same offense if it is a felony or if it is a misdemeanor charged together with a felony and the action has been previously terminated pursuant to this chapter, or Section 859b, 861, 871, or 995, or if it is a misdemeanor not charged together with a felony, except in those felony cases, or those cases where a misdemeanor is charged with a felony, where subsequent to the dismissal of the felony or misdemeanor the judge or magistrate finds any of the following: (1) That substantial new evidence has been discovered by the prosecution that would not have been known through the exercise of due diligence at, or prior to, the time of termination of the action. (2) That the termination of the action was the result of the direct intimidation of a material witness, as shown by a preponderance of the evidence. (3) That the termination of the action was the result of the failure to appear by the complaining witness, who had been personally subpoenaed in a prosecution arising under subdivision (e) of Section 243, or Section 273.5, 273.6, or 261, where the complaining witness is the spouse of the defendant, or former Section 262. This paragraph shall apply only within six months of the original dismissal of the action, and may be invoked only once in each action. This section does not preclude a defendant from being eligible for diversion. (4) That the termination of the action was the result of the complaining witness being found in contempt of court as described in subdivision (b) of Section 1219 of the Code of Civil Procedure. This paragraph shall apply only within six months of the original dismissal of the action, and may be invoked only once in each action. (b) Notwithstanding subdivision (a), an order terminating an action pursuant to this chapter is not a bar to another prosecution for the same offense if it is a misdemeanor charging an offense based on an act of domestic violence, as defined in subdivisions (a) and (b) of Section 13700, and the termination of the action was the result of the failure to appear by the complaining witness, who had been personally subpoenaed. This subdivision shall apply only within six months of the original dismissal of the action, and may be invoked only once in each action. This subdivision does not preclude a defendant from being eligible for diversion. (c) An order terminating an action is not a bar to prosecution if a complaint is dismissed before the commencement of a preliminary hearing in favor of an indictment filed pursuant to Section 944 and the indictment is based upon the same subject matter as charged in the dismissed complaint, information, or indictment. However, if the previous termination was pursuant to Section 859b, 861, 871, or 995, the subsequent order terminating an action is not a bar to prosecution if: (1) Good cause is shown why the preliminary examination was not held within 60 days from the date of arraignment or plea. (2) The motion pursuant to Section 995 was granted because of any of the following reasons: (A) Present insanity of the defendant. (B) A lack of counsel after the defendant elected to self-represent rather than being represented by appointed counsel. (C) Ineffective assistance of counsel. (D) Conflict of interest of defense counsel. (E) Violation of time deadlines based upon unavailability of defense counsel. (F) Defendant’s motion to withdraw a waiver of the preliminary examination. (3) The motion pursuant to Section 995 was granted after dismissal by the magistrate of the action pursuant to Section 871 and was recharged pursuant to Section 739. (Amended by Stats. 2022, Ch. 197, Sec. 27. (SB 1493) Effective January 1, 2023.)
  84. 1387.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    The people may get one additional chance to refile charges for a violent felony after two prior dismissals if a prior dismissal was due solely to excusable neglect, but not if the prosecution acted in bad faith.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1387.1. (a) Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section 1387, the people shall be permitted one additional opportunity to refile charges where either of the prior dismissals under Section 1387 were due solely to excusable neglect. In no case shall the additional refiling of charges provided under this section be permitted where the conduct of the prosecution amounted to bad faith. (b) As used in this section, “excusable neglect” includes, but is not limited to, error on the part of the court, prosecution, law enforcement agency, or witnesses. (Added by Stats. 1987, Ch. 1211, Sec. 47.5.)
  85. 1387.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    With the express consent of both sides, the court may continue on the existing accusatory pleading instead of issuing an order terminating the action.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1387.2. Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on the existing accusatory pleading. For the purposes of Section 1387, the action shall be deemed as having been previously terminated. The defendant shall be rearraigned on the accusatory pleading and a new time period pursuant to Section 859b or 1382 shall commence. (Added by Stats. 1992, Ch. 278, Sec. 2. Effective January 1, 1993.)
  86. 13872.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 8. Information on Racial, Ethnic and Religious Crimes [13872- 13872.] ( Chapter 8 added by Stats. 1984, Ch. 1482, Sec. 1. )

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    This chapter focuses on crimes with racial, ethnic, or religious motivation and excludes employment discrimination incidents.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 8. Information on Racial, Ethnic and Religious Crimes [13872- 13872.] ( Chapter 8 added by Stats. 1984, Ch. 1482, Sec. 1. ) ## 13872. The crimes that shall be the focus of this chapter shall include a wide variety of incidents, which reflect obvious racial, ethnic, or religious motivations, ranging from vandalizing a place of worship to assaults between members of gangs, including, but not limited to, incidents that occur on school grounds and between gang members and any other incidents that law enforcement officers on a case-by-case basis identify as having a racial, ethnic or religious motivation. They shall not include incidents of discrimination in employment. (Added by Stats. 1984, Ch. 1482, Sec. 1.)
  87. 13879.80.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 8.6. Law Enforcement Response to Drug Endangered Children [13879.80 - 13879.81] ( Chapter 8.6 added by Stats. 2003, Ch. 75, Sec. 1. )

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    Law enforcement and social services agencies in this state are encouraged to adopt written policies and standards for responding to narcotics crime scenes involving a child.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 8.6. Law Enforcement Response to Drug Endangered Children [13879.80 - 13879.81] ( Chapter 8.6 added by Stats. 2003, Ch. 75, Sec. 1. ) ## 13879.80. (a) Every law enforcement and social services agency in this state is encouraged to develop, adopt, and implement written policies and standards for their response to narcotics crime scenes where a child is either immediately present or where there is evidence that a child lives, by January 1, 2005. These policies shall reflect the fact that exposing a child to the manufacturing, trafficking, and use of narcotics is criminal conduct and that a response coordinated by law enforcement and social services agencies is essential to the child’s health and welfare. (b) The needs of a drug endangered child are best served with written policies encouraging the arrest of an individual for child endangerment where there is probable cause that an offense has been committed coordinated with an appropriate investigation of the child’s welfare by child protective agencies. Protocols that encourage a dependency investigation contemporaneous with a law enforcement investigation at a narcotics crime scene, when appropriate, are consistent with a child’s best interest. (Added by Stats. 2003, Ch. 75, Sec. 1. Effective January 1, 2004.)
  88. 13879.81.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 8.6. Law Enforcement Response to Drug Endangered Children [13879.80 - 13879.81] ( Chapter 8.6 added by Stats. 2003, Ch. 75, Sec. 1. )

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    Communities are encouraged to form multijurisdictional groups to address children endangered by parental drug use.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 8.6. Law Enforcement Response to Drug Endangered Children [13879.80 - 13879.81] ( Chapter 8.6 added by Stats. 2003, Ch. 75, Sec. 1. ) ## 13879.81. Communities are encouraged to form multijurisdictional groups that include law enforcement officers, prosecutors, public health professionals, and social workers to address the welfare of children endangered by parental drug use. These coordinated groups should develop standards and protocols, evidenced by memorandums of understanding, that address the following: (a) Felony and misdemeanor arrests. (b) Immediate response of protective social workers to a narcotics crime scene involving a child. (c) Outsourcing protective social workers to law enforcement. (d) Dependency investigations. (e) Forensic drug testing and interviewing. (f) Decontamination of a child found in a lab setting. (g) Medical examinations and developmental evaluations. (h) Creation of two hours of P.O.S.T. drug endangered children awareness training. (Amended by Stats. 2004, Ch. 405, Sec. 24. Effective January 1, 2005.)
  89. 1388.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    If a felony case is refiled after dismissal and the defendant was released on recognizance, the district attorney must notify the defendant and defense counsel unless the defendant is present in court; if the defendant misses arraignment, the court must issue an arrest warrant within 20 days; if the defendant appears, recognizance continues unless changed conditions justify bail.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1388. (a) In any case where an order for the dismissal of a felony action is made, as provided in this chapter, and where the defendant had been released on his own recognizance for that action, if the prosecutor files another accusatory pleading against the same defendant for the same offense, unless the defendant is present in court at the time of refiling, the district attorney shall send a letter to the defendant at his last known place of residence, and shall send a copy to the attorney of record, stating that the case has been refiled, and setting forth the date, time and place for rearraignment. (b) If the defendant fails to appear for arraignment as stated, or at such time, date, and place as has been subsequently agreed to by defendant’s counsel and the district attorney, then the court shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear. (c) If the defendant was released on his own recognizance on the original charge, he shall, if he appears as provided in subdivisions (a) and (b), be released on his own recognizance on the refiled charge unless it is shown that changed conditions require a different disposition, in which case bail shall be set at the discretion of the judge. (Added by Stats. 1976, Ch. 1024.)
  90. 13880.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. )

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    The Legislature states that narcotics production and sales create serious crime and financial burdens, and says it intends to support district attorneys in prosecuting drug producers and sellers.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. ) ## 13880. (a) The Legislature finds and declares that the production and sale of narcotics is an ever increasing problem because of the substantial illicit profits derived therefrom. The Legislature further finds and declares that a substantial and disproportionate amount of serious crime is associated with the cultivation, processing, manufacturing, and sale of narcotics. (b) The Legislature finds and declares that the level of production, distribution, and sale of narcotics in small counties in this state threatens the well-being not only of citizens of those counties, but of the rest of the state as well. Since many of these counties have experienced less growth in their general purpose revenues than the rest of the state, and yet are required to bear the burden of funding disproportionate criminal justice costs associated with the production, distribution, and sale of narcotics, the Legislature recognizes the need to provide financial assistance for these counties. (c) The Legislature intends to support intensified efforts by district attorneys’ offices to prosecute drug producers and sellers through organizational and operational techniques that have been proven effective in selected jurisdictions in this and other states. (Amended by Stats. 1987, Ch. 306, Sec. 1.)
  91. 13881.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. )

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    This section creates a funding program for district attorneys’ offices, and sets rules for how the director and counties may use and administer the money.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. ) ## 13881. (a) There is hereby established in the office a program of financial and technical assistance for district attorneys’ offices, designated the California Major Narcotic Vendors Prosecution Law. All funds appropriated to the office for the purposes of this chapter shall be administered and disbursed by the director in consultation with the California Council on Criminal Justice, and shall to the greatest extent feasible be coordinated or consolidated with federal funds that may be made available for these purposes. (b) The director is authorized to allocate and award funds to counties in which the California Major Narcotic Vendors Prosecution Law is implemented in substantial compliance with the policies and criteria set forth in this chapter. (c) The allocation and award of funds shall be made upon application executed by the county’s district attorney and approved by its board of supervisors. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Major Narcotic Vendors Prosecution Law, be made available to support the prosecution of felony drug cases. Funds available under this program shall not be subject to review, as specified in Section 14780 of the Government Code. (d) The director shall prepare and issue written program and administrative guidelines and procedures for the California Major Narcotic Vendors Prosecution Program consistent with this chapter, which shall be submitted to the Chairpersons of the Assembly Committee on Public Safety and the Senate Committee on Criminal Procedure. These guidelines shall permit the selection of a county for the allocation and award of funds only on a finding by the office that the county is experiencing a proportionately significant increase in major narcotic cases. Further, the guidelines shall provide for the allocation and award of funds to small county applicants, as designated by the director. The guidelines shall also provide that any funds received by a county under this chapter shall be used only for the prosecution of cases involving major narcotic dealers. For purposes of this subdivision, “small county” means a county having a population of 200,000 or less. (Amended by Stats. 2013, Ch. 352, Sec. 460. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  92. 13882.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. )

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    Prosecution units receiving funds under this chapter must focus enhanced prosecution efforts and resources on individuals selected under Section 13883.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. ) ## 13882. California major narcotic vendors prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in Section 13883. Enhanced prosecution efforts and resources shall include, but not be limited to, all of the following: (a) “Vertical” prosecutorial representation, whereby the prosecutor who makes the initial filing or appearance in a drug case will perform all subsequent court appearances on that particular case through its conclusion, including the sentencing phase. (b) Assignment of highly qualified investigators and prosecutors to drug cases. (c) Significant reduction of caseloads for investigators and prosecutors assigned to drug cases. (Added by Stats. 1984, Ch. 1424, Sec. 1. Effective September 26, 1984.)
  93. 13883.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. )

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    A district attorney may limit prosecution efforts to certain controlled-substance felony arrests if county crime statistics show a particularly serious problem, and must consider specified defendant factors when using this discretion.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. ) ## 13883. (a) An individual may be the subject of the California Major Narcotic Vendors Prosecution Law prosecution efforts who is under arrest for the commission or attempted commission of one or more felonies relating to controlled substances in violation of Section 11351, 11352, 11358, 11378, 11378.5, 11379, 11379.5, or 11383 of the Health and Safety Code. (b) In applying the criteria set forth in subdivision (a), a district attorney may, consistent with the provisions of subdivision (d) of Section 13881, elect to limit drug prosecution efforts to persons arrested for any one or more of the felonies listed in subdivision (a) if crime statistics demonstrate that the incidence of that felony or felonies presents a particularly serious problem in the county. (c) In exercising the prosecutorial discretion granted by this section, the district attorney shall consider (1) the character, background, and prior criminal background of the defendant, and (2) the number and the seriousness of the offenses currently charged against the defendant. (Added by Stats. 1984, Ch. 1424, Sec. 1. Effective September 26, 1984.)
  94. 13884.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. )

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    District attorney’s offices that establish a California major narcotic vendors prosecution unit and receive state support must adopt and pursue specified prosecution policies, unless extraordinary circumstances justify departure.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9. California Major Narcotic Vendors Prosecution Law [13880 - 13884] ( Chapter 9 added by Stats. 1984, Ch. 1424, Sec. 1. ) ## 13884. (a) Each district attorney’s office establishing a California major narcotic vendors prosecution unit and receiving state support under this chapter shall adopt and pursue the following policies for the California Major Narcotic Vendors Prosecution Law cases: (1) All reasonable prosecutorial efforts shall be made to resist the pretrial release of a charged defendant selected for prosecution under the California Major Narcotic Vendors Prosecution Law. (2) All reasonable prosecutorial efforts shall be made to persuade the court to impose the most severe authorized sentence upon a person convicted after prosecution under the California Major Narcotic Vendors Prosecution Law. (3) All reasonable prosecutorial efforts shall be made to reduce the time between arrest and disposition of charge against an individual selected for prosecution under the California Major Narcotic Vendors Prosecution Law. (b) The selection criteria set forth in Section 13883 shall be adhered to for each California Major Narcotic Vendors Prosecution Law case unless, in the reasonable exercise of prosecutor’s discretion, extraordinary circumstances require the departure from those policies in order to promote the general purposes and intent of this chapter. (Added by Stats. 1984, Ch. 1424, Sec. 1. Effective September 26, 1984.)
  95. 13885.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. )

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    The Legislature says sexual offenses are committed by a relatively small number of repeat offenders and states that this chapter is meant to support law enforcement and prosecutors in finding, apprehending, and prosecuting sex offenders.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. ) ## 13885. The Legislature hereby finds that a substantial and disproportionate amount of sexual offenses are committed against the people of California by a relatively small number of multiple and repeat sex offenders. In enacting this chapter, the Legislature intends to support efforts of the criminal justice community through a focused effort by law enforcement and prosecuting agencies to identify, locate, apprehend, and prosecute sex offenders. (Amended by Stats. 2010, Ch. 709, Sec. 20. (SB 1062) Effective January 1, 2011.)
  96. 13885.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. )

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    The Attorney General must maintain a statewide Sexual Predator Apprehension Team if the Legislature appropriates funds.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. ) ## 13885.1. The Attorney General shall maintain, upon appropriation of funds by the Legislature, a statewide Sexual Predator Apprehension Team force. The Sexual Predator Apprehension Team force shall be comprised of special agent teams throughout California. The teams shall focus on repeat sex offenders, and perform the following activities: (a) Coordinate state and local investigative resources to apprehend high risk sex offenders and persons required to register under Section 290 who violate the law or conditions of probation or parole. (b) Target and monitor chronic repeat violent sex offenders before the commission of additional sexual offenses. (c) Develop profiles in unsolved sexual assault cases. (Amended by Stats. 2012, Ch. 867, Sec. 27. (SB 1144) Effective January 1, 2013.)
  97. 13885.15.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. )

    Verify source ↗
    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. ) ## 13885.15. (a) The special agent teams established pursuant to Section 13885.1 shall also take a proactive role in the investigation and prosecution of preferential child molesters and sexual exploiters. (b) For purposes of this section, “preferential child molester” means a person whose primary sex drive is directed toward children. A preferential child molester is distinguished from a situational child molester, who will use children sexually in times of stress because of a lack of impulse control or as a result of circumstances. (Added by Stats. 1994, Ch. 876, Sec. 2. Effective January 1, 1995.)
  98. 13885.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. )

    Verify source ↗

    The Attorney General must establish the High Risk Sex Offender Program in the Department of Justice if funds are available.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. ) ## 13885.2. The Attorney General, subject to the availability of funds, shall establish in the Department of Justice the High Risk Sex Offender Program, which is hereby created, which shall receive the Facts of Offense Sheets, pursuant to Section 1203e. The program shall use the scores of sex offenders reported on the Facts of Offense Sheets for the purpose of identifying, assessing, monitoring, and containing those sex offenders at a high risk of reoffending. This shall be a statewide program. It is the intent of the Legislature that this statewide program shall not affect the operation of the Serious Habitual Offender Program authorized by Chapter 10 (commencing with Section 13890) involving the Counties of San Francisco, San Mateo, Santa Clara, Santa Cruz, Alameda, Contra Costa, Napa, Sonoma, Solano, and Marin which shall become inoperative on July 1, 1994. (Amended by Stats. 2010, Ch. 709, Sec. 22. (SB 1062) Effective January 1, 2011.)
  99. 13885.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. )

    Verify source ↗

    This section defines “high risk sex offenders” for use in this chapter.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. ) ## 13885.4. As used in this chapter, “high risk sex offenders” means those persons who are required to register as sex offenders pursuant to the Sex Offender Registration Act and who have been assessed with a score indicating a “high risk” on the SARATSO identified for that person’s specific population as set forth in Section 290.04, or who are identified as being at a high risk of reoffending by the Department of Justice, based on the person’s SARATSO score when considered in combination with other, empirically based risk factors. (Amended by Stats. 2010, Ch. 709, Sec. 23. (SB 1062) Effective January 1, 2011.)
  100. 13885.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. )

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    The Department of Justice must keep a comprehensive file of certain existing information about high risk sex offenders, may ask other agencies for that information, and must prepare a bulletin for law enforcement.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. ) ## 13885.6. The Department of Justice shall establish and maintain a comprehensive file of existing information maintained by law enforcement agencies, probation departments, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, the Department of Motor Vehicles, and the Department of Justice. The Department of Justice may request the Department of Corrections and Rehabilitation, the State Department of State Hospitals, the Department of Motor Vehicles, law enforcement agencies, and probation departments to provide existing information from their files regarding persons identified by the Department of Justice as high risk sex offenders pursuant to Section 13885.4. The Department of Corrections and Rehabilitation, the State Department of State Hospitals, the Department of Motor Vehicles, law enforcement agencies, and probation departments, when requested by the Department of Justice, shall provide copies of existing information maintained in their files regarding persons identified by the Department of Justice as high risk sex offenders and shall provide followup information to the Department of Justice as it becomes available, unless otherwise prohibited by federal law. This information shall include, but is not limited to, criminal histories, Facts of Offense Sheets, sex offender registration records, police reports, probation and presentencing reports, judicial records and case files, juvenile records, psychological evaluations and psychological hospital reports, and sexually violent predator treatment program reports. This information shall also include records that have been sealed. This information shall be provided to the Department of Justice in a manner and format jointly approved by the submitting department and the Department of Justice. This high risk sex offender file shall be maintained by the Department of Justice High Risk Sex Offender Program and shall contain a complete physical description and method of operation of the high risk sex offender, information describing his or her interaction with criminal justice agencies, and his or her prior criminal record. The Department of Justice also shall prepare a bulletin on each high risk sex offender for distribution to law enforcement agencies. (Amended by Stats. 2012, Ch. 24, Sec. 54. (AB 1470) Effective June 27, 2012.)
  101. 13885.8.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. )

    Verify source ↗

    The Department of Justice must send law enforcement a bulletin on each high risk sex offender, and must provide the full file on request.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.5. Statewide Sexual Predator Apprehension Team [13885 - 13885.8] ( Heading of Chapter 9.5 amended by Stats. 2003, Ch. 27, Sec. 1. ) ## 13885.8. The Department of Justice shall electronically provide a bulletin on each high risk sex offender to law enforcement agencies via the California Sex Offender Registry database and the California Law Enforcement Web (CLEW). Upon request, the department shall provide the complete file of information on a high risk sex offender to law enforcement agencies, district attorneys, and the courts for the purpose of identifying, apprehending, prosecuting, and sentencing high risk sex offenders. (Amended by Stats. 2010, Ch. 709, Sec. 25. (SB 1062) Effective January 1, 2011.)
  102. 13887.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. )

    Verify source ↗

    Any county may establish and run a SAFE team program under this chapter.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. ) ## 13887. (a) Any county may establish and implement a sexual assault felony enforcement (SAFE) team program pursuant to the provisions of this chapter. (b) The Legislature finds and declares that identifying and developing reliable and sustainable funding for SAFE teams established by this chapter, including those established in rural and regional areas, is critical for reducing sexual assaults in California. (Amended by Stats. 2010, Ch. 219, Sec. 24. (AB 1844) Effective September 9, 2010.)
  103. 13887.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. )

    Verify source ↗

    This section says the program’s mission is to reduce violent sexual assault offenses through surveillance, arrest of habitual sexual offenders, strict sex-offender registration enforcement, and community education.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. ) ## 13887.1. (a) The mission of this program shall be to reduce violent sexual assault offenses in the county through proactive surveillance and arrest of habitual sexual offenders, as defined in Section 667.71, and strict enforcement of registration requirements for sex offenders pursuant to Section 290. (b) The proactive surveillance and arrest authorized by this chapter shall be conducted within the limits of existing statutory and constitutional law. (c) The mission of this program shall also be to provide community education regarding the purposes of Chapter 5.5 (commencing with Section 290) of Title 9 of Part 2. The goal of community education is to do all of the following: (1) Provide information to the public about ways to protect themselves and families from sexual assault. (2) Emphasize the importance of using the knowledge of the presence of registered sex offenders in the community to enhance public safety. (3) Explain that harassment or vigilantism against registrants may cause them to disappear and attempt to live without supervision, or to register as transients, which would defeat the purpose of sex offender registration. (Amended by Stats. 2006, Ch. 337, Sec. 51. Effective September 20, 2006.)
  104. 13887.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. )

    Verify source ↗

    Regional SAFE teams may include officers and agents from certain listed law enforcement agencies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. ) ## 13887.2. The regional SAFE teams may consist of officers and agents from the following law enforcement agencies: (a) Police departments. (b) Sheriff’s departments. (c) The Bureau of Investigations of the Office of the District Attorney. (d) County probation departments. (e) To the extent that these agencies have available resources, the following law enforcement agencies: (1) The Department of Justice. (2) The Department of the California Highway Patrol. (3) The Department of Corrections and Rehabilitation. (4) The Federal Bureau of Investigation. (Amended by Stats. 2012, Ch. 867, Sec. 28. (SB 1144) Effective January 1, 2013.)
  105. 13887.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. )

    Verify source ↗

    This section says the program must pursue certain objectives: identify and monitor habitual sexual offenders, help arrest and prosecute violators, collect data on effectiveness, and develop procedures for a multijurisdictional task force.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. ) ## 13887.3. The program established pursuant to this chapter shall have the following objectives: (a) To identify, monitor, arrest, and assist in the prosecution of habitual sexual offenders who violate the terms and conditions of their probation or parole, who fail to comply with the registration requirements of Section 290, or who commit new sexual assault offenses. (b) To collect data to determine if the proactive law enforcement procedures adopted by the program are effective in reducing violent sexual assault offenses. (c) To develop procedures for operating a multijurisdictional regional task force. (Added by Stats. 2002, Ch. 1090, Sec. 2. Effective January 1, 2003.)
  106. 13887.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. )

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    This chapter does not authorize otherwise unlawful violations of a person’s rights under the law.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program [13887 - 13887.4] ( Chapter 9.7 added by Stats. 2002, Ch. 1090, Sec. 2. ) ## 13887.4. Nothing in this chapter shall be construed to authorize the otherwise unlawful violation of any person’s rights under the law. (Added by Stats. 2002, Ch. 1090, Sec. 2. Effective January 1, 2003.)
  107. 1389.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. )

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    This section adopts the Agreement on Detainers and sets procedures and deadlines for moving a prisoner between states for trial on pending charges.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. ) ## 1389. The agreement on detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: The Agreement on Detainers The contracting states solemnly agree that: Article I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures. Article II As used in this agreement: (a) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof. (c) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof. Article III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint: provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. (b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. (c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner’s written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request. Article IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request: and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner. (b) Upon receipt of the officer’s written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. (c) In respect of any proceeding made possible by this Article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. (d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. (e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. Article V (a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner’s presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. (b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given. (2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. (c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. (d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. (e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. (g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. (h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. Article VI (a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter. (b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill. Article VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement. Article VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. Article IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. (Added by Stats. 1963, Ch. 2115.)
  108. 1389.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. )

    Verify source ↗

    This section defines “appropriate court” for California courts under the agreement on detainers.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. ) ## 1389.1. The phrase “appropriate court” as used in the agreement on detainers shall, with reference to the courts of this State, means the court in which the indictment, information, or complaint is filed. (Added by Stats. 1963, Ch. 2115.)
  109. 1389.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. )

    Verify source ↗

    State courts, departments, agencies, officers, and employees must enforce the agreement on detainers and cooperate with each other and with other states to carry it out.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. ) ## 1389.2. All courts, departments, agencies, officers, and employees of this State and its political subdivisions are hereby directed to enforce the agreement on detainer and to co-operate with one another and with other states in enforcing the agreement and effectuating its purpose. (Added by Stats. 1963, Ch. 2115.)
  110. 1389.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. )

    Verify source ↗

    A person imprisoned in this state who escapes while being held in another state under the agreement on detainers is treated as having violated Section 4530 and is punishable under that section.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. ) ## 1389.4. Every person who has been imprisoned in a prison or institution in this State and who escapes while in the custody of an officer of this or another state in another state pursuant to the agreement on detainers is deemed to have violated Section 4530 and is punishable as provided therein. (Added by Stats. 1963, Ch. 2115.)
  111. 1389.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. )

    Verify source ↗

    A prison official must surrender an inmate when the detainer agreement requires it and must tell the inmate about certain rights under Section 1389.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. ) ## 1389.5. It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainer. Such official shall inform such inmate of his rights provided in paragraph (a) of Article IV of the Agreement on Detainers in Section 1389 of this code. (Added by Stats. 1963, Ch. 2115.)
  112. 1389.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. )

    Verify source ↗

    The Administrator, Interstate Probation and Parole Compacts must administer this agreement.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. ) ## 1389.6. The Administrator, Interstate Probation and Parole Compacts, shall administer this agreement. (Added by Stats. 1963, Ch. 2115.)
  113. 1389.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. )

    Verify source ↗

    The Board of Prison Terms and its panels and members may meet in another jurisdiction or make cooperative arrangements there when needed to carry out term-fixing and parole functions in these concurrent-sentence cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. ) ## 1389.7. When, pursuant to the agreement on detainers or other provision of law, a person in actual confinement under sentence of another jurisdiction is brought before a California court and sentenced by the judge to serve a California sentence concurrently with the sentence of the other jurisdiction or has been transferred to another jurisdiction for concurrent service of previously imposed sentences, the Board of Prison Terms, and the panels and members thereof, may meet in such other jurisdiction, or enter into cooperative arrangements with corresponding agencies in the other jurisdiction, as necessary to carry out the term-fixing and parole functions. (Amended by Stats. 1979, Ch. 255.)
  114. 1389.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. )

    Verify source ↗

    The agent of the receiving state must return the prisoner to the sending state when the proceedings are finished.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 8.5. Agreement on Detainers [1389 - 1389.8] ( Chapter 8.5 added by Stats. 1963, Ch. 2115. ) ## 1389.8. It shall be the responsibility of the agent of the receiving state to return the prisoner to the sending state upon completion of the proceedings. (Added by Stats. 1971, Ch. 1185.)
  115. 13890.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 10. California Forensic Science Laboratory Enhancement Program [13890 - 13891] ( Chapter 10 added by Stats. 1997, Ch. 931, Sec. 1. )

    Verify source ↗

    The Legislature intends to review the needs assessment report before providing additional funds for local forensic laboratory services or improvements.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 10. California Forensic Science Laboratory Enhancement Program [13890 - 13891] ( Chapter 10 added by Stats. 1997, Ch. 931, Sec. 1. ) ## 13890. It is the intent of the Legislature to review the needs assessment report, as provided for in Section 13892, prior to providing additional funds for support of local forensic laboratory services or improvements. (Added by Stats. 1997, Ch. 931, Sec. 1. Effective January 1, 1998.)
  116. 13891.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 10. California Forensic Science Laboratory Enhancement Program [13890 - 13891] ( Chapter 10 added by Stats. 1997, Ch. 931, Sec. 1. )

    Verify source ↗

    This chapter may be known and cited as the California Forensic Science Laboratory Enhancement Act.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 10. California Forensic Science Laboratory Enhancement Program [13890 - 13891] ( Chapter 10 added by Stats. 1997, Ch. 931, Sec. 1. ) ## 13891. This chapter shall be known and may be cited as the California Forensic Science Laboratory Enhancement Act. (Added by Stats. 1997, Ch. 931, Sec. 1. Effective January 1, 1998.)
  117. 13897.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 11. Victims’ Legal Resource Center [13897 - 13897.3] ( Chapter 11 added by Stats. 1985, Ch. 1443, Sec. 1. )

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    The resource center must operate independently and provide free, statewide help and information to crime victims and related service providers.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 11. Victims’ Legal Resource Center [13897 - 13897.3] ( Chapter 11 added by Stats. 1985, Ch. 1443, Sec. 1. ) ## 13897. The Legislature finds and declares each of the following: (a) The citizens of California have expressed great concern for the plight of crime victims. (b) It is in the best interest, not only of the victims and their families, but also of all the citizens of California to ensure that crime victims receive comprehensive assistance in overcoming the effects of victimization. (c) While many options and rights exist for the crime victim, including providing financial assistance pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code, participation in sentencing and parole eligibility hearings of criminal perpetrators, civil litigation against the perpetrator and third parties, assistance from victim-witness programs, and private support and counseling services, research indicates that many crime victims suffer needlessly because they are not aware of these options and rights, or are apprehensive or uncertain about where to go for assistance or how to exercise their rights. (d) It is thus necessary to provide a resource center, statewide in scope, where victims of crime, their families, and providers of services to victims of crime can receive referral information, assistance, and legal guidance in order to deal effectively with the needs of victims of crime and minimize the continuing victimization process, which often results from a complex justice system. This resource center shall be independent, offer victims assistance in understanding and effectively exercising their legal rights, provide information about their rights and the workings of the criminal justice system, and direct them to appropriate local resources and agencies which can offer further assistance. The resource center shall provide, on a statewide basis, information assistance for all crime victims without charge and shall complement the efforts of various local programs, including victim-witness programs, rape crisis units, domestic violence projects, and child abuse centers. (Amended by Stats. 1988, Ch. 1640, Sec. 1.)
  118. 13897.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 11. Victims’ Legal Resource Center [13897 - 13897.3] ( Chapter 11 added by Stats. 1985, Ch. 1443, Sec. 1. )

    Verify source ↗

    A resource center must be established to provide crime victims and related service providers with legal information and educational materials, and to distribute those materials to specified organizations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 11. Victims’ Legal Resource Center [13897 - 13897.3] ( Chapter 11 added by Stats. 1985, Ch. 1443, Sec. 1. ) ## 13897.1. (a) There shall be established a resource center that shall provide legal and other information for crime victims, their families, and providers of services to crime victims through a statewide, toll-free telephone number and an internet website. The resource center shall provide information and educational materials discussing crime victims’ legal rights. The resource center shall distribute these materials to administrative agencies, law enforcement agencies, crime victim-service programs, local, regional, and statewide education systems, appropriate human service agencies, and political, social, civic, and religious leaders and organizations. (b) As used in this chapter, “provider of services to crime victims” means any hospital, doctor, attorney, local or statewide rape crisis center, domestic violence center, child abuse counseling center, or victims’ witness center that seeks to assist crime victims in understanding and exercising their legal rights, including, but not limited to, those rights under Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2023, Ch. 105, Sec. 1. (SB 86) Effective January 1, 2024.)
  119. 13897.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 11. Victims’ Legal Resource Center [13897 - 13897.3] ( Chapter 11 added by Stats. 1985, Ch. 1443, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must award a grant to a qualified private nonprofit to run a statewide victims’ legal resource center, and the center must provide information, referrals, outreach, a website summary, and confidential handling of retained records.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 11. Victims’ Legal Resource Center [13897 - 13897.3] ( Chapter 11 added by Stats. 1985, Ch. 1443, Sec. 1. ) ## 13897.2. (a) The Office of Emergency Services shall grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center, as described in Section 13897.1. (b) The resource center shall: (1) Provide users with information about victims’ legal rights to compensation pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code and, where appropriate, provide victims with guidance in exercising these rights. (2) Provide users who provide services to victims of crime with legal information regarding the legal rights of crime victims. (3) Advise users about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services. (4) Advise and assist users in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute. (5) Advise users about victims’ rights in the criminal justice system, assist them in overcoming problems, including the return of property, and inform them of any procedures protecting witnesses. (6) Refer users, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers. (7) Refer users to local resources for information about appropriate public and private benefits and the means of obtaining aid. (8) Publicize the existence of the toll-free service and internet website through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities. (9) Compile comprehensive referral lists of local resources that include the following: crime victims’ assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and crime victims’ support groups. (10) Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local crime victims’ service programs. (11) Research, compile, and maintain a library of legal information concerning crime victims and their rights. (12) Provide a 20-percent-minimum cash match for all funds appropriated pursuant to this chapter, which may include federal and private funds in order to supplement any funds appropriated by the Legislature. (c) The resource center shall be located so as to assure convenient and regular access between the resource center and those state agencies most concerned with crime victims. The entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to crime victims throughout the state. The subgrantee shall have an existing statewide, toll-free information service and internet website and have demonstrated substantial capacity and experience serving crime victims in areas required by this act. (d) The internet website maintained pursuant to this section shall include a summary of crime victims’ rights and resources in plain language, including, but not limited to: (1) Information about victims’ rights, including the disclosures required under Section 679.026 and the information required by paragraph (3) of subdivision (b) of Section 679.027. (2) Links to victim resources offered by the state and by each county. (3) Additional links or resources from public or private entities that the center determines are relevant and appropriate. (4) A summary of the California criminal justice process. (5) Information on obtaining restitution from the California Victim Compensation Board. (6) Information on obtaining legal protections for victims and their families. (e) The services of the resource center shall not duplicate the victim service activities of the Office of Emergency Services or those activities of local victim programs funded through the Office of Emergency Services. (f) The subgrantee shall be compensated at its federally approved indirect cost rate, if any. For the purposes of this section, “federally approved indirect cost rate” means that rate established by the federal Department of Health and Human Services or other federal agency for the subgrantee. This section does not require the Office of Emergency Services to permit the use of federally approved indirect cost rates for other subgrantees of other grants administered by the Office of Emergency Services. (g) All information and records retained by the center in the course of providing services under this chapter shall be confidential and privileged pursuant to Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code and Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code. Nothing in this subdivision shall prohibit compilation and distribution of statistical data by the center. (Amended by Stats. 2023, Ch. 105, Sec. 2. (SB 86) Effective January 1, 2024.)
  120. 13897.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 11. Victims’ Legal Resource Center [13897 - 13897.3] ( Chapter 11 added by Stats. 1985, Ch. 1443, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must develop written funding and performance guidelines for the resource center program, and the program must be evaluated by a nonprofit entity under contract with that office.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 11. Victims’ Legal Resource Center [13897 - 13897.3] ( Chapter 11 added by Stats. 1985, Ch. 1443, Sec. 1. ) ## 13897.3. The Office of Emergency Services shall develop written guidelines for funding and performance standards for monitoring the effectiveness of the resource center program. The program shall be evaluated by a public or private nonprofit entity under a contract with the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 462. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  121. 13898.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 12. County Sexual Assault Response Team (SART) Program [13898 - 13898.2] ( Chapter 12 added by Stats. 2015, Ch. 210, Sec. 1. )

    Verify source ↗

    Each county may create and run an interagency sexual assault response team (SART) program, and any SART program must be established and implemented under this chapter.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 12. County Sexual Assault Response Team (SART) Program [13898 - 13898.2] ( Chapter 12 added by Stats. 2015, Ch. 210, Sec. 1. ) ## 13898. (a) Each county may establish and implement an interagency sexual assault response team (SART) program for the purpose of providing a forum for interagency cooperation and coordination, to assess and make recommendations for the improvement in the local sexual assault intervention system, and to facilitate improved communication and working relationships to effectively address the problem of sexual assault in California. (b) Each SART program shall be established and implemented pursuant to the provisions of this chapter. (Added by Stats. 2015, Ch. 210, Sec. 1. (AB 1475) Effective January 1, 2016.)
  122. 13898.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 12. County Sexual Assault Response Team (SART) Program [13898 - 13898.2] ( Chapter 12 added by Stats. 2015, Ch. 210, Sec. 1. )

    Verify source ↗

    A SART may be made up of, and may also include, representatives from listed public and private agencies and organizations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 12. County Sexual Assault Response Team (SART) Program [13898 - 13898.2] ( Chapter 12 added by Stats. 2015, Ch. 210, Sec. 1. ) ## 13898.1. (a) Each SART may consist of representatives of the following public and private agencies or organizations: (1) Law enforcement agencies. (2) County district attorneys’ offices. (3) Rape crisis centers. (4) Local sexual assault forensic examination teams. (5) Crime laboratories. (b) Dependent upon local needs and goals, each SART may include representatives of the following public and private agencies or organizations: (1) Child protective services. (2) Local victim and witness assistance centers. (3) County public health departments. (4) County mental health services departments. (5) Forensic interview centers. (6) University and college Title IX coordinators. (7) University and college police departments. (Added by Stats. 2015, Ch. 210, Sec. 1. (AB 1475) Effective January 1, 2016.)
  123. 13898.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 12. County Sexual Assault Response Team (SART) Program [13898 - 13898.2] ( Chapter 12 added by Stats. 2015, Ch. 210, Sec. 1. )

    Verify source ↗

    The SART program’s objectives are to review local sexual assault response, assess trends, evaluate funding and protocol effectiveness, and plan prevention efforts.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 12. County Sexual Assault Response Team (SART) Program [13898 - 13898.2] ( Chapter 12 added by Stats. 2015, Ch. 210, Sec. 1. ) ## 13898.2. The program established pursuant to this chapter shall have the following objectives: (a) Review of local sexual assault intervention undertaken by all disciplines to promote effective intervention and best practices. (b) Assessment of relevant trends, including drug-facilitated sexual assault, the incidence of predatory date rape, and human sex trafficking. (c) Evaluation of the cost-effectiveness and feasibility of a per capita funding model for local sexual assault forensic examination teams to achieve stability for this component of the SART program. (d) Evaluation of the effectiveness of individual agency and interagency protocols and systems by conducting case reviews of cases involving sexual assault. (e) Plan and implement effective prevention strategies and collaborate with other agencies and educational institutions to address sexual assault perpetrated by strangers, sexual assault perpetrated by persons known to the victim, including, but not limited to, a friend, family member, or general acquaintance of the victim, predatory date rape, risks associated with binge alcohol drinking, and drug-facilitated sexual assault. (Added by Stats. 2015, Ch. 210, Sec. 1. (AB 1475) Effective January 1, 2016.)
  124. 13899.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 13. Retail Theft Prevention Program [13899- 13899.] ( Chapter 13 added by Stats. 2021, Ch. 113, Sec. 2. )

    Verify source ↗

    The California Highway Patrol must work with the Department of Justice to convene a regional property crimes task force in counties with elevated property crime levels.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 13. Retail Theft Prevention Program [13899- 13899.] ( Chapter 13 added by Stats. 2021, Ch. 113, Sec. 2. ) ## 13899. The Department of the California Highway Patrol shall, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement and railroad police, as described in Section 8226 of the Public Utilities Code, in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft, cargo theft, vehicle burglary, and theft of vehicle parts and accessories. The task force shall provide local law enforcement and railroad police in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with the task force members. (Amended by Stats. 2024, Ch. 167, Sec. 1. (AB 1972) Effective August 16, 2024.)
  125. 139.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. ) ## 139. (a) Except as provided in Sections 71 and 136.1, any person who has been convicted of any felony offense specified in Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 who willfully and maliciously communicates to a witness to, or a victim of, the crime for which the person was convicted, a credible threat to use force or violence upon that person or that person’s immediate family, shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (b) Any person who is convicted of violating subdivision (a) who subsequently is convicted of making a credible threat, as defined in subdivision (c), which constitutes a threat against the life of, or a threat to cause great bodily injury to, a person described in subdivision (a), shall be sentenced to consecutive terms of imprisonment as prescribed in Section 1170.13. (c) As used in this section, “a credible threat” is a threat made with the intent and the apparent ability to carry out the threat so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. (d) The present incarceration of the person making the threat shall not be a bar to prosecution under this section. (e) As used in this section, “malice,” “witness,” and “victim” have the meanings given in Section 136. (Amended (as amended by Stats. 2010, Ch. 178) by Stats. 2011, Ch. 15, Sec. 253. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Amended version operative January 1, 2012, pursuant to Stats. 2010, Ch. 178, Sec. 107.)
  126. 1390.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. )

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    If an accusatory pleading is filed against a corporation, the court must issue a summons requiring the corporation to appear and answer the charge.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. ) ## 1390. Upon the filing of an accusatory pleading against a corporation, the court shall issue a summons, signed by the judge with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than 10 days after the issuing of the summons. (Amended by Stats. 1971, Ch. 1591.)
  127. 13900.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. )

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    The Legislature states that crime is a local problem and that effective criminal justice planning depends on cooperation between state and local governments and local agencies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. ) ## 13900. The Legislature finds and declares: (a) That crime is a local problem that must be dealt with by state and local governments if it is to be controlled effectively. (b) That criminal justice needs and problems vary greatly among the different local jurisdictions of this state. (c) That effective planning and coordination can be accomplished only through the direct, immediate and continuing cooperation of local officials charged with general governmental and criminal justice agency responsibilities. (d) That planning for the efficient use of criminal justice resources requires a permanent coordinating effort on the part of local governments and local criminal justice and delinquency prevention agencies. (Amended by Stats. 1975, Ch. 1230.)
  128. 13901.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. )

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    This section sets up criminal justice planning districts and requires notice, objection handling, and a public meeting process before boundary changes.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. ) ## 13901. (a) For the purposes of coordinating local criminal justice activities and planning for the use of state and federal action funds made available through any grant programs, criminal justice and delinquency prevention planning districts shall be established. (b) On January 1, 1976, all planning district boundaries shall remain as they were immediately prior to that date. Thereafter, the number and boundaries of those planning districts may be altered from time to time pursuant to this section; provided that no county shall be divided into two or more districts, nor shall two or more counties which do not comprise a contiguous area form a single district. (c) Prior to taking any action to alter the boundaries of any planning district, the council shall adopt a resolution indicating its intention to take the action and, at least 90 days prior to the taking of the action, shall forward a copy of the resolution to all units of government directly affected by the proposed action. (d) If any county or a majority of the cities directly affected by the proposed action objects thereto, and a copy of the resolution of each board of supervisors or city council stating its objection is delivered to the Director of Emergency Services within 30 days following the giving of the notice of the proposed action, the director shall conduct a public meeting within the boundaries of the district as they are proposed to be determined. Notice of the time and place of the meeting shall be given to the public and to all units of local government directly affected by the proposed action, and reasonable opportunity shall be given to members of the public and representatives of those units to present their views on the proposed action. (Amended by Stats. 2013, Ch. 352, Sec. 463. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  129. 13902.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. )

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    Counties in certain planning districts may form a planning district if the required joint powers agreement or acceptable arrangement is approved by the county and enough cities, subject to population thresholds.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. ) ## 13902. Each county placed within a single county planning district may constitute a planning district upon execution of a joint powers agreement or arrangement acceptable to the county and to at least that one-half of the cities in the district which contain at least one-half of the population of the district. Counties placed within a multicounty planning district may constitute a planning district upon execution of a joint powers agreement or other arrangement acceptable to the participating counties and to at least that one-half of the cities in such district which contain at least one-half of the population of such district. If no combination of one-half of the cities of a district contains at least one-half of the population of the district, then agreement of any half of the cities in such district is sufficient to enable execution of joint powers agreements or other acceptable arrangements for constituting planning districts. (Repealed and added by Stats. 1975, Ch. 1230.)
  130. 13903.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. )

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    Planning districts may receive criminal justice and delinquency prevention planning or coordinating funds, must establish planning boards, and are not required to finance those boards if federal or state support is lacking.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. ) ## 13903. Planning districts may be the recipients of criminal justice and delinquency prevention planning or coordinating funds made available to units of general local government or combinations of units of general local government by federal or state law. Such planning districts shall establish local criminal justice and delinquency prevention planning boards, but shall not be obligated to finance their activities in the event that federal or state support of such activities is lacking. (Amended by Stats. 1975, Ch. 1230.)
  131. 13904.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. )

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    Local boards must meet composition rules, and the California Council on Criminal Justice oversees compliance, certification, and fund approval.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. ) ## 13904. (a) The membership of each local board shall be consistent with state and federal statutes and guidelines; shall be representative of a broad range of community interests and viewpoints; and shall be balanced in terms of racial, sexual, age, economic, and geographic factors. Each local board shall consist of not less than 21 and not more than 30 members, a majority of whom shall be locally elected officials. (b) The California Council on Criminal Justice shall promulgate standards to ensure that the composition of each board complies with subdivision (a). The council shall annually review the composition of each board, and if it finds that the composition of a local board complies with the standards, it shall so certify. Certification shall be effective for one year; provided that if the membership of a board changes by more than 25 percent during a period of certification, the council may withdraw the certificate prior to its expiration. (c) If the council determines that the composition of a local board does not comply with the standards, it shall direct the appropriate appointing authority to reappoint the local board and shall again review the composition pursuant to this section after such reappointments are made. The council may void decisions made by such board after such finding and due notice. The council may approve the allocation of planning or action funds only to those districts which have been certified pursuant to this section. (Repealed and added by Stats. 1975, Ch. 1230.)
  132. 13905.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. )

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    Local criminal justice and delinquency prevention planning boards must include public representatives, and at least one-fifth of board membership must come from citizens, professional, or community organizations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. ) ## 13905. Except as otherwise provided in Section 13904, representatives of the public shall be appointed to local criminal justice and delinquency prevention planning boards, of a number not to exceed the number of representatives of government on that board. At least one-fifth of the membership of such boards shall be representatives of citizens, professional and community organizations, including organizations directly related to delinquency prevention. (Amended by Stats. 1975, Ch. 1230.)
  133. 13906.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. )

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    Planning boards may contract, hire staff, and receive and spend funds to carry out their planning and coordinating responsibilities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. ) ## 13906. Planning boards may contract with other public or private entities for the performance of services, may appoint an executive officer and other employees, and may receive and expend funds in order to carry out planning and coordinating responsibility. (Added by Stats. 1973, Ch. 1047.)
  134. 13908.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. )

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    The Office of Criminal Justice Planning must study whether a state-operated computer forensics center is feasible, involve law enforcement and computer industry representatives, and report its findings to the Legislature by June 30, 2000.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING [13900 - 13908] ( Title 6.5 added by Stats. 1973, Ch. 1047. ) ## 13908. (a) The Office of Criminal Justice Planning shall undertake a study to determine whether it would be feasible to develop a state-operated center on computer forensics for the purpose of collecting, compiling, and analyzing information, including evidence seized in connection with criminal proceedings, in computer formats to provide assistance to state and local law enforcement agencies in the investigation and prosecution of crimes involving computer technology. (b) The office shall involve state and local law enforcement agencies as well as representatives of the computer industry in the development of the feasibility study required by this section. (c) The office shall report its findings and conclusions to the Legislature on or before June 30, 2000. (Added by renumbering Section 13980 by Stats. 2015, Ch. 303, Sec. 409. (AB 731) Effective January 1, 2016.)
  135. 1391.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. )

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    This section gives the required form of a summons to a corporation in a criminal proceeding.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. ) ## 1391. The summons shall be substantially in the following form: County of (as the case may be). The people of the State of California to the (naming the corporation): You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer an accusatory pleading, for (designating the offense generally). Dated this ____ day of ____, 19__. G. H., Judge, (name of the court). (Amended by Stats. 1971, Ch. 1591.)
  136. 1392.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. )

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    A summons for a corporation must be served at least five days before the appearance date, by giving a copy and showing the original to certain corporate officers or agents.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. ) ## 1392. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, managing agent, or an agent of the corporation designated for service of civil process. (Amended by Stats. 1973, Ch. 248.)
  137. 1393.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. )

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    At the time set in the summons, the magistrate must proceed with the charge in the same way as other cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. ) ## 1393. At the appointed time in the summons, the magistrate shall proceed with the charge in the same manner as in other cases. (Amended by Stats. 1971, Ch. 1591.)
  138. 1396.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. )

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    A corporation may appear by counsel when an accusatory pleading is filed; for certain motor-vehicle misdemeanors or infractions, it may instead appear through specified officers to enter a guilty plea.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. ) ## 1396. If an accusatory pleading is filed, the corporation may appear by counsel to answer the same, except that in the case of misdemeanors arising from operation of motor vehicles, or of infractions arising from operation of motor vehicles, a corporation may appear by its president, vice president, secretary or managing agent for the purpose of entering a plea of guilty. If it does not thus appear, a plea of not guilty shall be entered, and the same proceedings had thereon as in other cases. (Amended by Stats. 1973, Ch. 718.)
  139. 1397.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. )

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    If a corporation is convicted and fined, the fine may be collected using the usual methods for enforcing money judgments.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. ) ## 1397. When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it in the manner provided for enforcement of money judgments generally. (Amended by Stats. 1982, Ch. 497, Sec. 140. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  140. 1398.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. )

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    A court may impose an extra fine on a corporation convicted of a misdemeanor or felony, subject to a cap and required factors.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 9. Proceedings Against Corporations [1390 - 1398] ( Chapter 9 enacted 1872. ) ## 1398. (a) In addition to any other penalty or fine provided by law, if a corporation is convicted of a misdemeanor or felony offense, the court may order the corporation to pay an additional fine, known as the corporate white collar criminal enhancement, pursuant to this section. (b) The court may determine the amount of the fine. The fine shall not exceed the greater of either of the following: (1) Two times the value of the taking or loss, whichever is greater, if the offense resulted in the taking of, or loss to, another person’s or entity’s money, labor, or real or personal property. (2) Twenty-five million dollars ($25,000,000). (c) In determining the amount of the fine under this section, the court shall consider all of the following: (1) The nature and seriousness of the offense. (2) The number of offenses committed. (3) The persistence of the criminal conduct. (4) The length of time over which the criminal conduct occurred. (5) The willfulness of the corporation’s criminal conduct. (6) The corporation’s assets, liabilities, and net worth, if available to the court. (d) If, after a hearing in open court, the judge exercises their discretion in assessing the fine, they shall state the reason on the record. (e) Any moneys collected pursuant to this section shall be deposited into the California Crime Victims Fund established under Section 13839. (f) For purposes of this section, a “corporation” means a firm, association, organization, partnership, business trust, company, corporation, limited liability company, public entity, or any other legal entity. (Added by Stats. 2024, Ch. 651, Sec. 3. (AB 2432) Effective January 1, 2025.)
  141. 140.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. )

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    A person may not use force, threaten force or violence, or damage property because a witness, victim, or other person gave help or information to law enforcement or a prosecutor, unless Section 139 applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. ) ## 140. (a) Except as provided in Section 139, every person who willfully uses force or threatens to use force or violence upon the person of a witness to, or a victim of, a crime or any other person, or to take, damage, or destroy any property of any witness, victim, or any other person, because the witness, victim, or other person has provided any assistance or information to a law enforcement officer, or to a public prosecutor in a criminal proceeding or juvenile court proceeding, shall be punished by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (b) A person who is punished under another provision of law for an act described in subdivision (a) shall not receive an additional term of imprisonment under this section. (Amended by Stats. 2011, Ch. 15, Sec. 254. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  142. 1401.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 10. Entitling Affidavits [1401- 1401.] ( Chapter 10 enacted 1872. )

    Verify source ↗

    An affidavit or deposition does not need a title in the action, and an untitled or incorrectly titled one is still valid if it clearly refers to the proceeding.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 10. Entitling Affidavits [1401- 1401.] ( Chapter 10 enacted 1872. ) ## 1401. It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment or information, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment, information, or appeal in which it is made. (Amended by Code Amendments 1880, Ch. 47.)
  143. 14020.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    This section establishes the Witness Relocation and Assistance Program.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14020. There is hereby established the Witness Relocation and Assistance Program. (Amended by Stats. 2007, Ch. 455, Sec. 1. Effective January 1, 2008.)
  144. 14021.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

    Verify source ↗

    This section defines “witness,” “credible evidence,” and “protection” for this title.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14021. As used in this title: (a) “Witness” means any person who has been summoned, or is reasonably expected to be summoned, to testify in a criminal matter, including grand jury proceedings, for the people whether or not formal legal proceedings have been filed. Active or passive participation in the criminal matter does not disqualify an individual from being a witness. “Witness” may also apply to family, friends, or associates of the witness who are deemed by local or state prosecutors to be endangered. (b) “Credible evidence” means evidence leading a reasonable person to believe that substantial reliability should be attached to the evidence. (c) “Protection” means formal admission into a witness protection program established by this title memorialized by a written agreement between local or state prosecutors and the witness. (Amended by Stats. 2002, Ch. 210, Sec. 3. Effective January 1, 2003.)
  145. 14022.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    The Attorney General administers the program and may reimburse state and local agencies for witness protection costs when the stated criminal-proceeding conditions are met.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14022. The program shall be administered by the Attorney General. In any criminal proceeding within this state, when the action is brought by local or state prosecutors, where credible evidence exists of a substantial danger that a witness may suffer intimidation or retaliatory violence, the Attorney General may reimburse state and local agencies for the costs of providing witness protection services. (Amended by Stats. 2002, Ch. 210, Sec. 4. Effective January 1, 2003.)
  146. 14023.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    The Attorney General must prioritize certain witness-protection matters, especially organized crime, gang, drug trafficking, human trafficking, and high-risk witness cases.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14023. The Attorney General shall give priority to matters involving organized crime, gang activities, drug trafficking, human trafficking, and cases involving a high degree of risk to the witness. Special regard shall also be given to the elderly, the young, battered, victims of domestic violence, the infirm, the handicapped, and victims of hate incidents. (Amended by Stats. 2005, Ch. 240, Sec. 12. Effective January 1, 2006.)
  147. 14024.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

    Verify source ↗

    The Attorney General must coordinate state and local agencies for witness protection services and may reimburse those agencies for necessary witness-related costs.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14024. The Attorney General shall coordinate the efforts of state and local agencies to secure witness protection, relocation, and assistance services and then reimburse those state and local agencies for the costs of the services that he or she determines to be necessary to protect a witness from bodily injury, assure the witness’s safe transition into a new environment, and otherwise to assure the health, safety, and welfare of the witness. The Attorney General may reimburse the state or local agencies that provide witnesses with any of the following: (a) Armed protection or escort by law enforcement officials or security personnel before, during, or subsequent to, legal proceedings. (b) Physical relocation to an alternate residence. (c) Housing expense. (d) Appropriate documents to establish a new identity. (e) Transportation or storage of personal possessions. (f) Basic living expenses, including, but not limited to, food, transportation, utility costs, and health care. (g) Support, advocacy, and other services to provide for witnesses’ safe transition into a new environment. (h) Other services as needed and approved by the Attorney General. (Amended by Stats. 2007, Ch. 455, Sec. 2. Effective January 1, 2008.)
  148. 14025.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    A protected person must sign a written witness protection agreement and follow the listed cooperation and disclosure conditions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14025. The witness protection agreement shall be in writing, and shall specify the responsibilities of the protected person that establish the conditions for local or state prosecutors providing protection. The protected person shall agree to all of the following: (a) If a witness or potential witness, to testify in and provide information to all appropriate law enforcement officials concerning all appropriate proceedings. (b) To refrain from committing any crime. (c) To take all necessary steps to avoid detection by others of the facts concerning the protection provided to that person under this title. (d) To comply with legal obligations and civil judgments against that person. (e) To cooperate with all reasonable requests of officers and employees of this state who are providing protection under this title. (f) To designate another person to act as agent for the service of process. (g) To make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation. (h) To disclose any probation or parole responsibilities, and if the person is on probation or parole. (i) To regularly inform the appropriate program official of his or her activities and current address. (Amended by Stats. 2002, Ch. 210, Sec. 5. Effective January 1, 2003.)
  149. 14025.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

    Verify source ↗

    California and local governments and their officers and employees are not liable for witness protection agreement conditions that cannot reasonably be met because a participant committed a crime during the program.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14025.5. The State of California, the counties and cities within the state, and their respective officers and employees shall not be liable for any condition in the witness protection agreement that cannot reasonably be met due to a witness committing a crime during participation in the program. (Amended by Stats. 2002, Ch. 210, Sec. 6. Effective January 1, 2003.)
  150. 14026.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

    Verify source ↗

    Money available for this title may be used to protect witnesses, relocate witnesses, or cover program administration costs.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14026. Funds available to implement this title may be used for any of the following: (a) To protect witnesses where credible evidence exists that they may be in substantial danger of intimidation or retaliatory violence because of their testimony. (b) To provide temporary and permanent relocation of witnesses and provide for their transition and well-being into a safe and secure environment. (c) To pay the costs of administering the program. (Added by Stats. 1997, Ch. 507, Sec. 1. Effective January 1, 1998.)
  151. 14026.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    A qualifying witness selected by local or state prosecutors for the program is treated as a victim for purposes of this title.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14026.5. For the purposes of this title, notwithstanding Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, a witness, as defined in subdivision (a) of Section 14021, selected by local or state prosecutors to receive services under the program established pursuant to this title because he or she has been or may be victimized due to the testimony he or she will give, shall be deemed a victim. (Amended by Stats. 2002, Ch. 210, Sec. 7. Effective January 1, 2003.)
  152. 14027.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

    Verify source ↗

    The Attorney General must issue guidelines for witness protection reimbursement and may adopt regulations to carry out this title.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14027. The Attorney General shall issue appropriate guidelines and may adopt regulations to implement this title. These guidelines shall include: (a) A process whereby state and local agencies shall apply for reimbursement of the costs of providing witness protection services. (b) A 25-percent match that shall be required of local agencies. The Attorney General may also establish a process through which to waive the required local match when appropriate. (Amended by Stats. 2007, Ch. 176, Sec. 65. Effective August 24, 2007.)
  153. 14028.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

    Verify source ↗

    California, counties, cities, and their officers and employees have immunity from civil liability when they decide to decline or revoke witness protection under this title.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14028. The State of California, the counties and cities within the state, and their respective officers and employees shall have immunity from civil liability for any decision declining or revoking protection to a witness under this title. (Added by Stats. 1997, Ch. 507, Sec. 1. Effective January 1, 1998.)
  154. 14029.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    Information about a witness in the program must remain confidential and generally cannot be disclosed under the California Public Records Act. If a name change has been approved by the program, the order to show cause also is not subject to the publication requirement in Section 1277 of the Code of Civil Procedure.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14029. All information relating to any witness participating in the program established pursuant to this title shall remain confidential and is not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and, if a change of name has been approved by the program, the order to show cause is not subject to the publication requirement of Section 1277 of the Code of Civil Procedure. (Amended by Stats. 2021, Ch. 615, Sec. 351. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  155. 14029.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    This section prohibits posting certain witness-location information online, requires prosecutors to provide WRAP participants an opt-out form, and requires recipients to remove protected information within two business days.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14029.5. (a) (1) No person or private entity shall post on the Internet the home address, the telephone number, or personal identifying information that discloses the location of any witness or witness’ family member participating in the Witness Relocation and Assistance Program (WRAP) with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that witness or witness’ family member. (2) A violation of this subdivision is a misdemeanor punishable by a fine of up to two thousand five hundred dollars ($2,500), or imprisonment of up to six months in a county jail, or by both that fine and imprisonment. (3) A violation of this subdivision that leads to the bodily injury of the witness, or of any of the witness’ family members who are participating in the program, is a misdemeanor punishable by a fine of up to five thousand dollars ($5,000), or imprisonment of up to one year in a county jail, or by both that fine and imprisonment. (b) Upon admission to WRAP, local or state prosecutors shall give each participant a written opt-out form for submission to relevant Internet search engine companies or entities. This form shall notify entities of the protected person and prevent the inclusion of the participant’s addresses and telephone numbers in public Internet search databases. (c) A business, state or local agency, private entity, or person that receives the opt-out form of a WRAP participant pursuant to this section shall remove the participant’s personal information from public display on the Internet within two business days of delivery of the opt-out form, and shall continue to ensure that this information is not reposted on the same Internet Web site, a subsidiary site, or any other Internet Web site maintained by the recipient of the opt-out form. No business, state or local agency, private entity, or person that has received an opt-out form from a WRAP participant shall solicit, sell, or trade on the Internet the home address or telephone number of that participant. (d) A business, state or local agency, private entity, or person that violates subdivision (c) shall be subject to a civil penalty for each violation in the amount of five thousand dollars ($5,000). An action for a civil penalty under this subdivision may be brought by any public prosecutor in the name of the people of the State of California and the penalty imposed shall be enforceable as a civil judgment. (e) A witness whose home address or telephone number is made public as a result of a violation of subdivision (c) may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declaratory relief and shall award the witness court costs and reasonable attorney’s fees. (f) Notwithstanding any other provision of law, a witness whose home address or telephone number is solicited, sold, or traded in violation of subdivision (c) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that witness in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000). (g) Nothing in this section shall preclude prosecution under any other provision of law. (Amended by Stats. 2010, Ch. 328, Sec. 183. (SB 1330) Effective January 1, 2011.)
  156. 14030.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    The Attorney General must set up liaison and coordination arrangements for federal witness-protection assistance and seek federal funding sources.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14030. (a) The Attorney General shall establish a liaison with the United States Marshal’s office in order to facilitate the legal processes over which the federal government has sole authority, including, but not limited to, those processes included in Section 14024. The liaison shall coordinate all requests for federal assistance relating to witness protection as established by this title. (b) The Attorney General shall pursue all federal sources that may be available for implementing this program. For that purpose, the Attorney General shall establish a liaison with the United States Department of Justice. (c) The Attorney General, with the California Victim Compensation Board, shall establish procedures to maximize federal funds for witness protection services. (Amended by Stats. 2016, Ch. 31, Sec. 259. (SB 836) Effective June 27, 2016.)
  157. 14031.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    The Attorney General must give the Legislature an annual report on the program’s fiscal and operational status, starting one year after this title takes effect.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14031. Commencing one year after the effective date of this title, the Attorney General shall make an annual report to the Legislature no later than January 1 on the fiscal and operational status of the program. This report shall include the amount of funding sought by each county, the amount of funding provided to each county, and the amount of the county match. (Amended by Stats. 2007, Ch. 176, Sec. 66. Effective August 24, 2007.)
  158. 14032.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    The Attorney General’s administrative costs for administering this title are capped at 5 percent of all costs incurred under the title.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14032. The administrative costs of the Attorney General for the purposes of administering this title shall be limited to 5 percent of all costs incurred pursuant to this title. (Added by Stats. 1997, Ch. 507, Sec. 1. Effective January 1, 1998.)
  159. 14033.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. )

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    The Governor’s budget must specify the amount in the Restitution Fund that is above what is needed for certain claims, administrative costs, and a prudent reserve.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT [14020 - 14033] ( Title 7.5 added by Stats. 1997, Ch. 507, Sec. 1. ) ## 14033. (a) The Governor’s budget shall specify the estimated amount in the Restitution Fund that is in excess of the amount needed to pay claims pursuant to Sections 13960 to 13965, inclusive, of the Government Code, to pay administrative costs for increasing restitution funds, and to maintain a prudent reserve. (b) It is the intent of the Legislature that, notwithstanding Government Code Section 13967, in the annual Budget Act, funds be appropriated to the Attorney General from those funds that are in excess of the amount specified pursuant to subdivision (a) for the purposes of this title. (Added by Stats. 1997, Ch. 507, Sec. 1. Effective January 1, 1998.)
  160. 1404.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 11. Errors and Mistakes in Pleadings and Other Proceedings [1404 - 1405.1] ( Chapter 11 enacted 1872. )

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    A pleading or proceeding is not invalid just because it departs from the prescribed form or contains an error or mistake, unless the error actually prejudices the defendant or tends to prejudice a substantial right.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 11. Errors and Mistakes in Pleadings and Other Proceedings [1404 - 1405.1] ( Chapter 11 enacted 1872. ) ## 1404. Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right. (Enacted 1872.)
  161. 1405.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 11. Errors and Mistakes in Pleadings and Other Proceedings [1404 - 1405.1] ( Chapter 11 enacted 1872. )

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    People serving a felony sentence may ask the trial court for postconviction DNA testing. The section also sets out request requirements, possible appointment of counsel, disclosure of testing materials and results, and deadlines for review.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 11. Errors and Mistakes in Pleadings and Other Proceedings [1404 - 1405.1] ( Chapter 11 enacted 1872. ) ## 1405. (a) A person who was convicted of a felony and is currently serving a term of imprisonment may make a written motion, pursuant to subdivision (d), before the trial court that entered the judgment of conviction in their case, for performance of forensic deoxyribonucleic acid (DNA) testing. (b) (1) An indigent convicted person may request appointment of counsel in order to prepare a motion pursuant to subdivision (d) by sending a written request to the court. The request shall include the person’s statement that they were not the perpetrator of the crime and shall explain how the DNA testing is relevant to their assertion of innocence. The request also shall include the person’s statement as to whether they previously have had counsel appointed under this section. (2) If any of the information required in paragraph (1) is missing from the request, the court shall return the request to the convicted person and advise them that the matter cannot be considered without the missing information. (3) (A) Upon a finding that the person is indigent, they have included the information required in paragraph (1), and counsel has not previously been appointed pursuant to this subdivision, the court shall appoint counsel to investigate and, if appropriate, to file a motion for DNA testing under this section and to represent the person solely for the purpose of obtaining DNA testing under this section. (B) Upon a finding that the person is indigent, and counsel previously has been appointed pursuant to this subdivision, the court may, in its discretion, appoint counsel to investigate and, if appropriate, to file a motion for DNA testing under this section and to represent the person solely for the purpose of obtaining DNA testing under this section. (4) This section does not provide for a right to the appointment of counsel in a postconviction collateral proceeding, or to set a precedent for any such right, in any context other than the representation being provided an indigent convicted person for the limited purpose of filing and litigating a motion for DNA testing pursuant to this section. (c) Upon request of the convicted person or convicted person’s counsel, the court may order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, the following documents that are in their possession or control, if the documents exist: (1) Copies of DNA lab reports, with underlying notes, prepared in connection with the laboratory testing of biological evidence from the case, including presumptive tests for the presence of biological material, serological tests, and analyses of trace evidence. (2) Copies of evidence logs, chain of custody logs and reports, including, but not limited to, documentation of current location of biological evidence, and evidence destruction logs and reports. (3) If the evidence has been lost or destroyed, a custodian of record shall submit a report to the prosecutor and the convicted person or convicted person’s counsel that sets forth the efforts that were made in an attempt to locate the evidence. If the last known or documented location of the evidence prior to its loss or destruction was in an area controlled by a law enforcement agency, the report shall include the results of a physical search of this area. If there is a record of confirmation of destruction of the evidence, the report shall include a copy of the record of confirmation of destruction in lieu of the results of a physical search of the area. (d) (1) The motion for DNA testing shall be verified by the convicted person under penalty of perjury and shall include all of the following: (A) A statement that they are innocent and not the perpetrator of the crime. (B) Explain why the identity of the perpetrator was, or should have been, a significant issue in the case. (C) Make every reasonable attempt to identify both the evidence that should be tested and the specific type of DNA testing sought. (D) Explain, in light of all the evidence, how the requested DNA testing would raise a reasonable probability that the convicted person’s verdict or sentence would be more favorable if the results of DNA testing had been available at the time of conviction. (E) Reveal the results of any DNA or other biological testing that was conducted previously by either the prosecution or defense, if known. (F) State whether any motion for testing under this section previously has been filed and the results of that motion, if known. (2) Notice of the motion shall be served on the Attorney General, the district attorney in the county of conviction, and, if known, the governmental agency or laboratory holding the evidence sought to be tested. Responses, if any, shall be filed within 90 days of the date on which the Attorney General and the district attorney are served with the motion, unless a continuance is granted for good cause. (e) If the court finds evidence was subjected to DNA or other forensic testing previously by either the prosecution or defense, it shall order the party at whose request the testing was conducted to provide all parties and the court with access to the laboratory reports, underlying data, and laboratory notes prepared in connection with the DNA or other biological evidence testing. (f) If the court determines that the convicted person has met all of the requirements of subparagraphs (A) to (F), inclusive, of paragraph (1) of subdivision (d), the court may, as it deems necessary, order a hearing on the motion. The judge who conducted the trial, or accepted the convicted person’s plea of guilty or nolo contendere, shall conduct the hearing unless the presiding judge determines that judge is unavailable. Upon request of either party, the court may order, in the interest of justice, that the convicted person be present at the hearing of the motion. Either party, upon request, may request an additional 60 days to brief issues raised in subdivision (g). (g) The court shall grant the motion for DNA testing if it determines all of the following have been established: (1) The evidence to be tested is available and in a condition that would permit the DNA testing requested in the motion. (2) The evidence to be tested has been subject to a chain of custody sufficient to establish it has not been substituted, tampered with, replaced, or altered in any material aspect. (3) The identity of the perpetrator of the crime was, or should have been, a significant issue in the case. (4) The convicted person has made a prima facie showing that the evidence sought to be tested is material to the issue of the convicted person’s identity as the perpetrator of, or accomplice to, the crime, special circumstance, or enhancement allegation that resulted in the conviction or sentence. The convicted person is only required to demonstrate that the DNA testing they seek would be relevant to, rather than dispositive of, the issue of identity. The convicted person is not required to show a favorable result would conclusively establish their innocence. (5) The requested DNA testing results would raise a reasonable probability that, in light of all the evidence, the convicted person’s verdict or sentence would have been more favorable if the results of DNA testing had been available at the time of conviction. The court in its discretion may consider any evidence whether or not it was introduced at trial. In determining whether the convicted person is entitled to develop potentially exculpatory evidence, the court shall not decide whether, assuming a DNA test result favorable to the convicted person, they are entitled to some form of ultimate relief. (6) The evidence sought to be tested meets either of the following conditions: (A) The evidence was not tested previously. (B) The evidence was tested previously, but the requested DNA test would provide results that are reasonably more discriminating and probative of the identity of the perpetrator or accomplice or have a reasonable probability of contradicting prior test results. (7) The testing requested employs a method generally accepted within the relevant scientific community. (8) The motion is not made solely for the purpose of delay. (h) (1) If the court grants the motion for DNA testing, the court order shall identify the specific evidence to be tested and the DNA technology to be used. (2) The testing shall be conducted by a laboratory that meets the FBI Director’s Quality Assurance Standards and that is mutually agreed upon by the Attorney General or district attorney and the person filing the motion. If the parties cannot agree, the court shall designate a laboratory that meets the FBI Director’s Quality Assurance Standards. Laboratories accredited by the following entities have been determined to satisfy this requirement: the American Association for Laboratory Accreditation (A2LA), the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB), and Forensic Quality Services (ANSI-ASQ National Accreditation Board FQS). (3) If the accredited laboratory selected by the parties or designated by the court to conduct DNA testing is not a National DNA Index System (NDIS) participating laboratory that takes or retains ownership of the DNA data for entry into the Combined DNA Index System (CODIS), the laboratory selected to perform DNA testing shall not initiate analysis for a specific case until documented approval has been obtained from an appropriate NDIS participating laboratory’s technical leader of acceptance of ownership of the DNA data from the selected laboratory that may be entered into or searched in CODIS. (i) In accordance with the court’s order pursuant to subdivision (h), the laboratory may communicate with either party, upon request, during the testing process. The result of any testing ordered under this section shall be fully disclosed to the person filing the motion, the district attorney, and the Attorney General. If requested by any party, the court shall order production of the underlying laboratory data and notes. (j) (1) The cost of DNA testing ordered under this section shall be borne by the state or the applicant, as the court may order in the interests of justice, if it is shown that the applicant is not indigent and possesses the ability to pay. However, the cost of any additional testing to be conducted by the district attorney or Attorney General shall not be borne by the convicted person. (2) In order to pay the state’s share of any testing costs, the laboratory designated in subdivision (h) shall present its bill for services to the superior court for approval and payment. It is the intent of the Legislature to appropriate funds for this purpose in the 2000–01 Budget Act. (k) An order granting or denying a motion for DNA testing under this section shall not be appealable, and shall be subject to review only through petition for writ of mandate or prohibition filed by the person seeking DNA testing, the district attorney, or the Attorney General. The petition shall be filed within 20 days after the court’s order granting or denying the motion for DNA testing. In a noncapital case, the petition for writ of mandate or prohibition shall be filed in the court of appeal. In a capital case, the petition shall be filed in the California Supreme Court. The court of appeal or California Supreme Court shall expedite its review of a petition for writ of mandate or prohibition filed under this subdivision. (l) DNA testing ordered by the court pursuant to this section shall be done as soon as practicable. However, if the court finds that a miscarriage of justice will otherwise occur and that it is necessary in the interests of justice to give priority to the DNA testing, a DNA laboratory shall be required to give priority to the DNA testing ordered pursuant to this section over the laboratory’s other pending casework. (m) DNA profile information from biological samples taken from a convicted person pursuant to a motion for postconviction DNA testing is exempt from any law requiring disclosure of information to the public. (n) Notwithstanding any other provision of law, the right to file a motion for postconviction DNA testing provided by this section is absolute and shall not be waived. This prohibition applies to, but is not limited to, a waiver that is given as part of an agreement resulting in a plea of guilty or nolo contendere. (o) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2024, Ch. 153, Sec. 2. (AB 2521) Effective January 1, 2025.)
  162. 1405.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 11. Errors and Mistakes in Pleadings and Other Proceedings [1404 - 1405.1] ( Chapter 11 enacted 1872. )

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    A court may hold a hearing and order DNA profile upload only if the listed conditions are met; it may not order an upload that violates CODIS or state rules.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 11. Errors and Mistakes in Pleadings and Other Proceedings [1404 - 1405.1] ( Chapter 11 enacted 1872. ) ## 1405.1. (a) When the court grants a motion for DNA testing pursuant to Section 1405 and a DNA profile of an unknown contributor is generated, the court may conduct a hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System. The court may issue an order directing the upload of the DNA profile into the State Index System, and if appropriate, the National DNA Index System, only if all of the following conditions are met: (1) The source of the DNA profile is attributable to the putative perpetrator of the crime. (2) The profile meets all requirements, whether technical or otherwise, for permanent inclusion into the State Index System, and if appropriate, the National DNA Index System, as determined by the Department of Justice, the Federal Bureau of Investigation, federal law, and California law. (3) The convicted person or convicted person’s counsel provides written notice to the California Combined DNA Index System (CODIS) State Administrator at the Department of Justice, the Attorney General, and the district attorney 30 court days prior to the hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System. (b) A court shall not order an upload of a DNA profile into the State Index System or the National DNA Index System that violates any CODIS or state rule, policy, or regulation. (Added by Stats. 2014, Ch. 554, Sec. 2. (SB 980) Effective January 1, 2015.)
  163. 14051.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 8. BUILDING SECURITY [14051- 14051.] ( Title 8 added by Stats. 1971, Ch. 1662. )

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    City and county fire/law enforcement officials must consult with their building-enforcement chief officers to develop local security standards, and cities or counties are not barred from adopting stricter building security standards than the state.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 8. BUILDING SECURITY [14051- 14051.] ( Title 8 added by Stats. 1971, Ch. 1662. ) ## 14051. The chief law enforcement and fire officials of every city shall consult with the chief officer of their city who is charged with the enforcement of laws or ordinances regulating the erection, construction, or alteration of buildings within their jurisdiction for the purpose of developing local security standards and regulations supplemental to those adopted as part of Title 24 of the California Administrative Code, relating to building standards. The chief law enforcement and fire officials of every county shall consult with the chief officer of their county who is charged with the enforcement of laws or ordinances regulating the erection, construction, or alteration of buildings within their jurisdiction for the purpose of developing local security standards and regulations supplemental to those adopted as part of Title 24 of the California Administrative Code, relating to building standards. No provision of this or any other code shall prevent a city or county from enacting building security standards stricter than those enacted by the state. (Added by Stats. 1971, Ch. 1662.)
  164. 1407.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. )

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    A peace officer who gets property alleged to be stolen or embezzled must hold it under this chapter’s disposal rules.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. ) ## 1407. When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he shall hold it subject to the provisions of this chapter relating to the disposal thereof. (Amended by Stats. 1975, Ch. 774.)
  165. 1408.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. )

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    A magistrate must order stolen or embezzled property delivered to the owner if ownership is proved and notice and a hearing are given.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. ) ## 1408. On the application of the owner and on satisfactory proof of his ownership of the property, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the magistrate, the magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling it, shall order it to be delivered, without prejudice to the state, to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property. (Amended by Stats. 1971, Ch. 799.)
  166. 1409.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. )

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    A magistrate must deliver stolen or embezzled property in custody to the owner if the owner applies, proves title, gives required notice and hearing, and pays preservation expenses.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. ) ## 1409. If property stolen or embezzled comes into the custody of the magistrate, it shall be delivered, without prejudice to the state, to the owner upon his application to the court and on satisfactory proof of his title, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the magistrate, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. (Amended by Stats. 1971, Ch. 799.)
  167. 141.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. )

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    This section makes it a crime to wrongfully alter, move, conceal, or otherwise handle physical evidence, digital images, or video recordings with the required intent, and sets felony penalties for certain officers and prosecutors.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. ) ## 141. (a) Except as provided in subdivisions (b) and (c), a person who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, digital image, or video recording, with specific intent that the action will result in a person being charged with a crime or with the specific intent that the physical matter will be wrongfully produced as genuine or true upon a trial, proceeding, or inquiry, is guilty of a misdemeanor. (b) A peace officer who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, digital image, or video recording, with specific intent that the action will result in a person being charged with a crime or with the specific intent that the physical matter, digital image, or video recording will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry, is guilty of a felony punishable by two, three, or five years in the state prison. (c) A prosecuting attorney who intentionally and in bad faith alters, modifies, or withholds any physical matter, digital image, video recording, or relevant exculpatory material or information, knowing that it is relevant and material to the outcome of the case, with the specific intent that the physical matter, digital image, video recording, or relevant exculpatory material or information will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years. (d) This section does not preclude prosecution under both this section and any other law. (Amended by Stats. 2016, Ch. 879, Sec. 1. (AB 1909) Effective January 1, 2017.)
  168. 1410.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. )

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    A court may order stolen or embezzled property returned to the owner if the property has not already been delivered to the owner and the owner applies and proves title.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. ) ## 1410. If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, upon the application of the owner to the court and on proof of his title, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the court, may order it to be restored to the owner without prejudice to the state. (Amended by Stats. 1971, Ch. 799.)
  169. 1411.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. )

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    Police must notify the owner and any security-interest holder when stolen or embezzled property can be identified, and the property may later be sold if it is not claimed within the stated time.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. ) ## 1411. (a) If the ownership of the property stolen or embezzled and the address of the owner, and the address of the owner of a security interest therein, can be reasonably ascertained, the peace officer who took custody of the property shall notify the owner, and a person having a security interest therein, by letter of the location of the property and the method by which the owner may obtain it. This notice shall be given upon the conviction of a person for an offense involving the theft, embezzlement, or possession of the property, or if a conviction was not obtained, upon the making of a decision by the district attorney not to file the case or upon the termination of the proceedings in the case. Except as provided in Section 217 of the Welfare and Institutions Code, if the property stolen or embezzled is not claimed by the owner before the expiration of three months after the giving of this notice, or, in any case in which such a notice is not given, before the expiration of six months from the conviction of a person for an offense involving the theft, embezzlement, or possession of the property, or if a conviction was not obtained, then from the time the property came into the possession of the peace officer or the case involving the person from whom it was obtained is disposed of, whichever is later, the magistrate or other officer having it in custody may, on the payment of the necessary expenses incurred in its preservation, deliver it to the county treasurer or other proper county officer, by whom it shall be sold and the proceeds paid into the county treasury. However, notwithstanding any other law, if the person from whom custody of the property was taken is a secondhand dealer or licensed pawnbroker and reasonable but unsuccessful efforts have been made to notify the owner of the property and the property is no longer needed for the criminal proceeding, the property shall be returned to the secondhand dealer or pawnbroker who had custody of the property and be treated as regularly acquired property. If the property is transferred to the county purchasing agent it may be sold in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If the county officer determines that any of the property transferred to him or her for sale is needed for a public use, the property may be retained by the county and need not be sold. The magistrate or other officer having the property in custody may, however, provide for the sale of the property in the manner provided for the sale of unclaimed property which has been held for at least three months pursuant to Section 2080.4 of the Civil Code. (b) This section shall not govern the disposition of property placed on hold pursuant to Section 21647 of the Business and Professions Code, notwithstanding the current custodial status of the property, unless the licensed pawnbroker or secondhand dealer, after receipt of the written advisement required by subdivision (h) of Section 21647 of the Business and Professions Code, willfully refuses to consent to a statutory hold as provided by Section 21647 of the Business and Professions Code or a search warrant for the business of the licensed pawnbroker or secondhand dealer has resulted in the seizure of the property subject to this section. (Amended by Stats. 2013, Ch. 318, Sec. 3. (SB 762) Effective January 1, 2014.)
  170. 14110.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

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    The Legislature states findings about violence as a societal problem and says prevention efforts should address root causes.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14110. The Legislature finds the following: (a) The incidence of violence in our state continues to present an increasing and dominating societal problem that must be addressed at its root causes in order to reduce significantly its effects upon our society. (b) As an initial step toward that goal, the Legislature passed Assembly Bill No. 23 of the 1979–80 Regular Session which created the California Commission on Crime Control and Violence Prevention which was charged with compiling the latest research on root causes of violence, in order to lay the foundation for a credible, effective violence eradication program. (c) The commission produced a final report in 1982 entitled “Ounces of Prevention,” which established that long-term prevention is a valuable and viable public policy and demonstrated that there are reachable root causes of violence in our society. (d) The report contains comprehensive findings and recommendations in 10 broad categorical areas for the removal of individual, familial, and societal causal factors of crime and violence in California. (e) The recommendations in the report are feasible and credible, propose an effective means of resolving conflict and removing the root causes of violence in our society, and should be implemented, so that their value may be provided to our citizenry. (Added by Stats. 1984, Ch. 1709, Sec. 1.)
  171. 14111.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

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    The section states legislative findings about violence prevention and identifies the Office of Emergency Services as the appropriate state agency to contract for related programs.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14111. The Legislature further finds that: (a) It is in the public interest to translate the findings of the California Commission on Crime Control and Violence Prevention into community-empowering, community-activated violence prevention efforts that would educate, inspire, and inform the citizens of California about, coordinate existing programs relating to, and provide direct services addressing the root causes of, violence in California. (b) The recommendations in the report of the commission can serve as both the foundation and guidelines for short-, intermediate-, and long-term programs to address and alleviate violence in California. (c) It is in the public interest to facilitate the highest degree of coordination between, cooperation among, and utilization of public, nonprofit, and private sector resources, programs, agencies, organizations, and institutions toward maximally successful violence prevention and crime control efforts. (d) Prevention is a sound fiscal, as well as social, policy objective. Crime and violence prevention programs can and should yield substantially beneficial results with regard to the exorbitant costs of both violence and crime to the public and private sectors. (e) The Office of Emergency Services is the appropriate state agency to contract for programs addressing the root causes of violence. (Amended by Stats. 2013, Ch. 352, Sec. 464. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  172. 14112.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

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    The Legislature states that community violence prevention and conflict resolution programs are to be developed in California and regulated and funded through contracts with the Office of Emergency Services.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14112. The Legislature therefore intends: (a) To develop community violence prevention and conflict resolution programs, in the state, based upon the recommendations of the California Commission on Crime Control and Violence Prevention, that would present a balanced, comprehensive educational, intellectual, and experiential approach toward eradicating violence in our society. (b) That these programs shall be regulated, and funded pursuant to contracts with the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 465. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  173. 14113.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

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    This title defines “agency” or “office” as the Office of Emergency Services, and “secretary” or “director” as the Director of Emergency Services, unless context requires otherwise.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14113. Unless otherwise required by context, as used in this title: (a) “Agency” or “office” means the Office of Emergency Services. (b) “Secretary” or “director” means the Director of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 466. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  174. 14114.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

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    At least three programs must include community education, conflict-resolution content, coordination with community and public agencies, and outreach to local groups.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14114. (a) First priority shall be given to programs that provide community education, outreach, and coordination, and include creative and effective ways to translate the recommendations of the California Commission on Crime Control and Violence Prevention into practical use in one or more of the following subject areas: (1) Parenting, birthing, early childhood development, self-esteem, and family violence, to include child, spousal, and elderly abuse. (2) Economic factors and institutional racism. (3) Schools and educational factors. (4) Alcohol, diet, drugs, and other biochemical and biological factors. (5) Conflict resolution. (6) The media. (b) At least three of the programs shall do all of the following: (1) Use the recommendations of the California Commission on Crime Control and Violence Prevention and incorporate as many of those recommendations as possible into its program. (2) Develop an intensive community-level educational program directed toward violence prevention. This educational component shall incorporate the commission’s works “Ounces of Prevention” and “Taking Root,” and shall be designed appropriately to reach the educational, ethnic, and socioeconomic individuals, groups, agencies, and institutions in the community. (3) Include the imparting of conflict resolution skills. (4) Coordinate with existing community-based, public and private, programs, agencies, organizations, and institutions, local, regional, and statewide public educational systems, criminal and juvenile justice systems, mental and public health agencies, appropriate human service agencies, and churches and religious organizations. (5) Seek to provide specific resource and referral services to individuals, programs, agencies, organizations, and institutions confronting problems with violence and crime if the service is not otherwise available to the public. (6) Reach all local ethnic, cultural, linguistic, and socioeconomic groups in the service area to the maximum extent feasible. (Amended by Stats. 2001, Ch. 115, Sec. 33. Effective January 1, 2002.)
  175. 14114.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

    Verify source ↗

    Other programs must include subdivisions (a) and (f) of Section 14114, and they may also include public lectures or conferences.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14114.5. Other programs shall include subdivisions (a) and (f) of Section 14114 and may include public lectures or sponsoring of conferences, or both. (Added by Stats. 1984, Ch. 1709, Sec. 1.)
  176. 14115.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

    Verify source ↗

    First priority programs may provide or contract for certain direct services when needed, if the services are not already available in the community and existing agencies do not provide them.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14115. (a) First priority programs may additionally provide specific direct services or contract for those services in one or more of the program areas as necessary to carry out the recommendations of the commission when those services are not otherwise available in the community and existing agencies do not furnish them. Direct services may include, but are not limited to, any of the following: (1) Training seminars for law enforcement and human service agencies and operatives. (2) Crisis intervention training and counseling. (3) Casework and program consultation with local human service providers. (4) Drug and alcohol counseling and treatment referral. (5) Conflict resolution training and services, including the principles and practices of conflict mediation, arbitration, and “citizen tribunal” programs. (b) All direct services are subject to Section 5328 of the Welfare and Institutions Code. (Added by Stats. 1984, Ch. 1709, Sec. 1.)
  177. 14116.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

    Verify source ↗

    Programs that conform to Section 14114 get second priority, and they must provide the educational component in at least three subject areas and also provide direct services or contract for services in one or more program areas.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14116. Second priority shall be given to programs that conform to the requirements of Section 14114, except that the educational component of subdivision (f) of that section shall not be mandatory in each subject area, but shall be provided in at least three of those areas, and the programs shall provide specific direct services or contract for services in one or more program areas. (Added by Stats. 1984, Ch. 1709, Sec. 1.)
  178. 14117.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

    Verify source ↗

    Programs must have a governing board or coordinating team of at least nine members, and the team must carry out governance, reporting, and fund-accountability duties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14117. (a) Each program shall have a governing board or an interagency coordinating team, or both, of at least nine members representing a cross section of existing and recipient, community-based, public and private persons, programs, agencies, organizations, and institutions. Each team shall do all of the following: (1) As closely as possible represent the socioeconomic, ethnic, linguistic, and cultural makeup of the community and shall evidence an interest in and commitment to the categorical areas of violence prevention and conflict resolution. (2) Be responsible for the implementation, evaluation, and operation of the program and all its constituent elements, including those specific direct services as may be provided pursuant to Section 14115. (3) Be accountable for the distribution of all funds. (4) Designate and appoint a responsible administrative authority acceptable to the Office of Emergency Services prior to the receipt of a grant. (5) Submit an annual report to the Office of Emergency Services, which shall include information on all of the following: (A) The number of learning events. (B) The number of persons trained. (C) An overview of the changing level of information regarding root causes of violence. (D) An overview of the changing level of attitude regarding root causes of violence. (E) The changing level of behavior regarding root causes of violence. (F) The degree to which the program has been successful in satisfying the requirements set forth in subdivisions (e) and (f) of Section 14114. (G) Other measures of program efficacy as specified by the Office of Emergency Services. (b) Coordinating teams established under this section may adopt local policies, procedures, and bylaws consistent with this title. (Amended by Stats. 2013, Ch. 352, Sec. 467. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  179. 14118.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must issue guidelines and a request for proposals, rate and select responses, and provide public review, notice, and input procedures before adoption.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14118. (a) The Office of Emergency Services shall prepare and issue written program, fiscal, and administrative guidelines for the contracted programs that are consistent with this title, including guidelines for identifying recipient programs, agencies, organizations, and institutions, and organizing the coordinating teams. The Office of Emergency Services shall then issue a request for proposals. The responses to the request for proposals shall be rated according to the priorities set forth in subdivision (b) and additional criteria established by the guidelines. The highest rated responses shall be selected. The Office of Emergency Services shall do all of the following: (1) Subject the proposed program and administrative guidelines to a 30-day period of broad public evaluation with public hearings commencing in May 1985, prior to adoption, including specific solicitation of input from culturally, geographically, socioeconomically, educationally, and ethnically diverse persons, programs, agencies, organizations, and institutions. (2) Provide adequate public notice of the public evaluation around the state in major metropolitan and rural newspapers and related media outlets, and to local public, private, and nonprofit human service executives and advisory boards, and other appropriate persons and organizations. (3) Establish a mechanism for obtaining, evaluating, and incorporating when appropriate and feasible, public input regarding the written program and administrative guidelines prior to adoption. (b) Applicants for contracts under this title may be existing community-based public and nonprofit programs, agencies, organizations, and institutions, newly developed nonprofit corporations, or joint proposals from combinations of either or both of the above. (Amended by Stats. 2013, Ch. 352, Sec. 468. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  180. 14119.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must run statewide one-day crime and violence prevention workshops and seek diverse participation. There must be at least three workshops.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14119. (a) The Office of Emergency Services shall promote, organize, and conduct a series of one-day crime and violence prevention training workshops around the state. The Office of Emergency Services shall seek participation in the workshops from ethnically, linguistically, culturally, educationally, and economically diverse persons, agencies, organizations, and institutions. (b) The training workshops shall have all of the following goals: (1) To identify phenomena which are thought to be root causes of crime and violence. (2) To identify local manifestations of those root causes. (3) To examine the findings and recommendations of the California Commission on Crime Control and Violence Prevention. (4) To focus on team building and interagency cooperation and coordination toward addressing the local problems of crime and violence. (5) To examine the merits and necessity of a local crime and violence prevention effort. (c) There shall be at least three workshops. (Amended by Stats. 2013, Ch. 352, Sec. 469. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  181. 1412.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. )

    Verify source ↗

    An officer who takes money or property from a defendant arrested for a public offense must give duplicate receipts, hand one to the defendant, and file the other with the court clerk. If the property is taken by a city or town police officer, one receipt goes to the defendant and the other, with the property, goes at once to the police office clerk or person in charge.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. ) ## 1412. When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant and the other of which he must forthwith file with the Clerk of the Court to which the depositions and statement are to be sent. When such property is taken by a police officer of any incorporated city or town, he must deliver one of the receipts to the defendant, and one, with the property, at once to the Clerk or other person in charge of the police office in such city or town. (Enacted 1872.)
  182. 14120.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

    Verify source ↗

    This section requires program funding to be split between the Office of Emergency Services and the recipient, limits administrative expenses, and requires audits and evaluations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14120. (a) Programs shall be funded, depending upon the availability of funds, for a period of two years. (b) The Office of Emergency Services shall provide 50 percent of the program costs, to a maximum amount of fifty thousand dollars ($50,000) per program per year. The recipient shall provide the remaining 50 percent with other resources which may include in-kind contributions and services. The administrative expenses for the pilot programs funded under Section 14120 shall not exceed 10 percent. (c) Programs should be seeking private sector moneys and developing ways to become self-sufficient upon completion of pilot program funding. (d) The recipient programs shall be responsible for a yearend independent audit. (e) The Office of Emergency Services shall do an interim evaluation of the programs, commencing in July 1986, and shall report to the Legislature and the people with the results of the evaluation prior to October 31, 1986. The evaluation shall include, but not be limited to, an assessment and inventory of all of the following: (1) The number of learning events. (2) The number of persons trained. (3) The changing level of information regarding root causes of violence. (4) The changing level of attitude regarding root causes of violence. (5) The changing level of behavior regarding root causes of violence. (6) The reduced level of violence in our society. (7) The degree to which the program has succeeded in reaching and impacting positively upon local ethnic, cultural, and socioeconomic groups in the service area. A final evaluation shall be made with a report prior to October 31, 1987, which shall also include specific recommendations to the Legislature and the people of this state regarding methods and means by which these violence prevention and crime control programmatic efforts can be enhanced and improved. (Amended by Stats. 2013, Ch. 352, Sec. 470. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  183. 14121.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services may hire support staff and use resources needed to carry out this title.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT RESOLUTION [14110 - 14121] ( Title 10 added by Stats. 1984, Ch. 1709, Sec. 1. ) ## 14121. The Office of Emergency Services may hire support staff and utilize resources necessary to carry out the purposes of this title. (Amended by Stats. 2013, Ch. 352, Sec. 471. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  184. 1413.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. )

    Verify source ↗

    Police property clerks must record seized or alleged stolen property, may return it to an owner if proof and ID are shown, and must follow notice and hearing rules before doing so.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 12. Disposal of Property Stolen or Embezzled [1407 - 1413] ( Chapter 12 enacted 1872. ) ## 1413. (a) The clerk or person having charge of the property section for any police department in any incorporated city or town, or for any sheriff’s department in any county, shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled, and brought into the office or taken from the person of a prisoner, and shall attach a number to each article, and make a corresponding entry thereof. He may engrave or imbed an identification number in property described in Section 537e for the purposes thereof. (b) The clerk or person in charge of the property section may, upon satisfactory proof of the ownership of property held pursuant to Section 1407, and upon presentation of proper personal identification, deliver it to the owner. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property. Prior to such delivery such clerk or person in charge of the property section shall make and retain a complete photographic record of such property. The person to whom property is delivered shall sign, under penalty of perjury, a declaration of ownership, which shall be retained by the clerk or person in charge of the property section. This subdivision shall not apply to any property subject to forfeiture under any provision of law. This subdivision shall not apply unless the clerk or person in charge of the property section has served upon the person from whom custody of the property was taken a notice of a claim of ownership and a copy of the satisfactory proof of ownership tendered and has allowed such person reasonable opportunity to be heard as to why the property should not be delivered to the person claiming ownership. If the person upon whom a notice of claim and proof of ownership has been served does not respond asserting a claim to the property within 15 days from the date of receipt of the service, the property may be disposed of in a manner not inconsistent with the provisions of this section. (c) The magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling the property, or the court before which a trial is had for stealing or embezzling it, shall upon application by the person from whom custody of the property was taken, review the determination of the clerk or person in charge of the property section, and may order the property taken into the custody of the court upon a finding that the person to whom the property was delivered is not entitled thereto. Such court shall make its determination in the same manner as a determination is made when the matter is before the court pursuant to Sections 1408 to 1410, inclusive. (d) The clerk or person in charge of the property section is not liable in damages for any official action performed hereunder in good faith. (Amended by Stats. 1981, Ch. 714, Sec. 332.)
  185. 14130.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.2. California Violence Intervention and Prevention Grant Program [14130 - 14131] ( Title 10.2 added by Stats. 2019, Ch. 735, Sec. 1. )

    Verify source ↗

    This title is known and may be cited as the Break the Cycle of Violence Act.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.2. California Violence Intervention and Prevention Grant Program [14130 - 14131] ( Title 10.2 added by Stats. 2019, Ch. 735, Sec. 1. ) ## 14130. This title shall be known and may be cited as the Break the Cycle of Violence Act. (Added by Stats. 2019, Ch. 735, Sec. 1. (AB 1603) Effective January 1, 2020.)
  186. 14131.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.2. California Violence Intervention and Prevention Grant Program [14130 - 14131] ( Title 10.2 added by Stats. 2019, Ch. 735, Sec. 1. )

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    This section creates the CalVIP grant program and assigns it to the Board of State and Community Corrections.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.2. California Violence Intervention and Prevention Grant Program [14130 - 14131] ( Title 10.2 added by Stats. 2019, Ch. 735, Sec. 1. ) ## 14131. (a) The California Violence Intervention and Prevention Grant Program (CalVIP) is hereby created to be administered by the Board of State and Community Corrections. (b) The purpose of CalVIP is to improve public health and safety by supporting effective community gun violence reduction initiatives in communities that are disproportionately impacted by community gun violence. For purposes of this section, “community gun violence” means intentional acts of interpersonal violence involving a firearm, generally committed in public areas by individuals who are not intimately related to the victim, and which result in physical injury, emotional harm, or death. (c) CalVIP grants shall be used to develop, support, expand, and replicate evidence-based community gun violence reduction initiatives, including, without limitation, hospital-based violence intervention programs, evidence-based street outreach programs, and focused deterrence strategies, that seek to interrupt cycles of community gun violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults. These initiatives shall be primarily focused on providing violence intervention services to the small segment of the population that is identified as high risk of perpetrating or being victimized by community gun violence in the near future. (d) CalVIP grants shall be made on a competitive basis to cities that are disproportionately impacted by community gun violence, to community-based organizations that serve the residents of those cities, and to counties that have one or more cities disproportionately impacted by community gun violence within their jurisdiction. For purposes of this section, “cities” includes tribal governments. (e) For purposes of this section, a city is disproportionately impacted by community gun violence if any of the following are true: (1) The city experienced 20 or more homicides per calendar year during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data. (2) The city experienced 10 or more homicides per calendar year and had a homicide rate that was at least 50 percent higher than the statewide homicide rate during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data. (3) An applicant otherwise demonstrates a unique and compelling need for additional resources to address the impact of community gun violence in the applicant’s community. Recognizing the historical challenges that California tribes have faced in gathering formal data on violent crime, the Board of State and Community Corrections shall take input from tribal governments on how to determine “compelling need,” in the context of tribal governments. (f) An applicant for a CalVIP grant shall submit a proposal, in a form prescribed by the board, which shall include, but not be limited to, all of the following: (1) Clearly defined and measurable objectives for the grant. (2) A statement describing how the applicant proposes to use the grant to implement an evidence-based community gun violence reduction initiative in accordance with this section, including how the applicant will identify, engage, and provide violence intervention services to individuals at high risk of perpetrating or being victimized by community gun violence in the near future. (3) A statement describing how the applicant proposes to use the grant to enhance coordination of existing community gun violence prevention and intervention programs and minimize duplication of services in the proposed service area. Where relevant, this shall include a description of efforts to coordinate with tribal governments located near or within the planned service delivery area. (4) Evidence indicating that the proposed violence reduction initiative would likely reduce the incidence of community gun violence in the proposed service area within the grant period. (5) For city or county applicants, a statement demonstrating support for the proposed violence reduction initiative from one or more community-based organizations, or from a public agency or department other than a law enforcement agency that is primarily dedicated to community safety or violence prevention. (g) In awarding CalVIP grants, the board shall give preference to applicants whose grant proposals demonstrate the greatest likelihood of reducing the incidence of community gun violence in the applicant’s community within the grant period without contributing to mass incarceration. (h) The amount of funds awarded to an applicant shall be commensurate with the scope of the applicant’s proposal and the applicant’s demonstrated need for additional resources to address community gun violence in the applicant’s community. (1) The Board of State and Community Corrections may award competitive grants in amounts not to exceed two million five hundred thousand dollars ($2,500,000) per applicant per year. The length of the grant cycle shall be at least three years. (2) The board shall award at least two grants to cities or counties with populations of 200,000 or less. (i) Upon making CalVIP grant awards, the board shall make at least 20 percent of an approved grantee’s total grant award available to the grantee at the start of the grant period or as soon as possible thereafter, in order to enable grantees to immediately utilize such funds to support violence reduction initiatives. (j) Each city or county that receives a CalVIP grant shall distribute no less than 50 percent of the grant funds to one or more of any of the following types of entities: (1) Community-based organizations. (2) Public agencies or departments, other than law enforcement agencies or departments, that are primarily dedicated to community safety or violence prevention. (3) Tribal governments. (k) The board shall form an executive steering committee including, without limitation, persons who have been impacted by community gun violence, formerly incarcerated persons, subject matter experts in community gun violence prevention and intervention, the director of the Office of Gun Violence Prevention or the director’s designee, and at least three persons with direct experience in implementing evidence-based community gun violence reduction initiatives, including initiatives that incorporate public health and community-based approaches focused on providing violence intervention services to the small segment of the population identified as high risk of perpetrating or being victimized by community gun violence in the near future. (l) (1) The board may reserve up to two million dollars ($2,000,000) of the funds appropriated for CalVIP each year for the costs of administering and promoting the effectiveness of the program including, without limitation, the employment of personnel, providing technical assistance to grantees, coordinating with other state and local agencies on community gun violence reduction efforts, and evaluation of violence reduction initiatives supported by CalVIP. (2) The board may, with the advice and assistance of the CalVIP executive steering committee, reserve up to 5 percent of the funds appropriated for CalVIP each year for the purpose of supporting programs and activities designed to build and sustain capacity in the field of community gun violence intervention and prevention, and to support detailed community gun violence problem analyses that help service providers and other stakeholders inform and develop community gun violence reduction initiatives by identifying individuals in their community who are at high risk of perpetrating or being victimized by community gun violence in the near future and have the highest need for violence intervention services. Activities to build and sustain capacity in the field of community-based gun violence intervention and prevention may include any of the following: (A) Contracting with or providing grants to organizations that provide training, certification, or continued professional development to community-based gun violence intervention and prevention professionals, including frontline professionals and technical assistance providers. (B) Contracting with or providing grants to nonprofit intermediary organizations that foster the development and growth of community-based organizations dedicated to community gun violence intervention and prevention. (C) Providing mental health support and other supportive services to frontline community gun violence intervention professionals in order to recruit, retain, and sustain these professionals in their field. (D) Providing mental health services or financial assistance to family members of frontline community gun violence intervention professionals who are killed or violently injured in the performance of their work. (m) Each grantee shall report to the board, in a form and at intervals prescribed by the board, their progress in achieving the grant objectives. (n) The board shall, by no later than 120 days following the close of each grant cycle, prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code regarding the impact of the violence prevention initiatives supported by CalVIP. (o) The board shall make evaluations of CalVIP-supported initiatives available to the public. (p) The amendments to this section made by the act that added this subdivision shall apply solely to CalVIP grant applications and awards made after January 1, 2024, and shall not be construed to affect grant applications or awards made prior to this date. (Amended by Stats. 2023, Ch. 241, Sec. 1. (AB 762) Effective January 1, 2024.)
  187. 14140.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN [14140 - 14143] ( Title 10.5 added by Stats. 1992, Ch. 995, Sec. 1. )

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    Counties may create a county task force on violent crimes against women, and if they do, the county board of supervisors must notify the Office of Emergency Services. Each county task force must develop a countywide policy, and the Office of Emergency Services may provide assistance and share information.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN [14140 - 14143] ( Title 10.5 added by Stats. 1992, Ch. 995, Sec. 1. ) ## 14140. (a) Each county is authorized and encouraged to create a county task force on violent crimes against women. The board of supervisors of a county which elects to create a task force under this section shall notify the Office of Emergency Services that the county is establishing, by appointment, a countywide task force. Each county task force shall develop a countywide policy on violent crimes against women. (b) The Office of Emergency Services may provide technical assistance to, and collect and disseminate information on, the county task forces established under this section. (Amended by Stats. 2013, Ch. 352, Sec. 472. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  188. 14141.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN [14140 - 14143] ( Title 10.5 added by Stats. 1992, Ch. 995, Sec. 1. )

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    County task forces may pursue listed purposes related to preventing violent crimes against women.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN [14140 - 14143] ( Title 10.5 added by Stats. 1992, Ch. 995, Sec. 1. ) ## 14141. The purpose of each county task force may be as follows: (a) To promote a countywide policy on violent crimes against women. (b) To make recommendations on how to reduce violent crime. (c) To prepare and place counties in a strong position to compete for federal and state funds that may become available for the purposes of this title. (d) To facilitate coordination of services and responses between governmental agencies and between governmental agencies and nonprofit agencies serving women who are victims of violent crimes. (e) To initiate local domestic violence prevention planning and priorities for the use of federal and state domestic violence prevention grants. (Added by Stats. 1992, Ch. 995, Sec. 1. Effective January 1, 1993.)
  189. 14142.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN [14140 - 14143] ( Title 10.5 added by Stats. 1992, Ch. 995, Sec. 1. )

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    Each county task force may review specified issues and make recommendations about violent crimes against women.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN [14140 - 14143] ( Title 10.5 added by Stats. 1992, Ch. 995, Sec. 1. ) ## 14142. Each county task force may evaluate and make recommendations regarding the following: (a) The adequacy of current law enforcement efforts at the local level to reduce the rate of violent crimes against women. (b) The responsiveness of local prosecutors and the courts to violent crimes against women. (c) Local government efforts to reduce violent crimes against women. (d) Public awareness and public dissemination of information essential to the prevention of violent crimes against women. (e) The information collection and government statistics on the incidence and prevalence of violent crimes against women. (f) The adequacy of federal, state, and local laws on sexual assault and domestic violence and the need for more uniform statutory responses to sex offenses and domestic violence. (g) The need for services, including counseling, shelter, legal services, victim advocacy, and other supportive services, for women who are victims of violent crime. (Added by Stats. 1992, Ch. 995, Sec. 1. Effective January 1, 1993.)
  190. 14143.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN [14140 - 14143] ( Title 10.5 added by Stats. 1992, Ch. 995, Sec. 1. )

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    County task forces must try to reflect the community’s ethnic and racial makeup and include a broad set of listed members to the extent possible.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN [14140 - 14143] ( Title 10.5 added by Stats. 1992, Ch. 995, Sec. 1. ) ## 14143. Every effort shall be made to ensure that the ethnic and racial composition of each task force is reflective of the ethnic and racial distribution of the persons and families in the community. Each county task force shall include, to the extent possible, but not be limited to, the following: (a) A criminal court judge. (b) A domestic relations or civil court judge. (c) A prosecuting attorney. (d) A city council person or other elected local governmental official. (e) Representatives from the Council of Cities, the Police Chief Association, the County Office of Education, the Public Defender Program, the County Bar Association, the Domestic Violence Coalition, health services, social services, probation, a women’s organization, each of the domestic violence shelter-based programs serving the county, each of the rape crisis centers serving the county, a legal services program, a homeless program serving women, other nonprofit community-based organizations whose primary focus is to assist the women who are victims of violent crimes, the Native Tribal Councils, and the county Commission on the Status of Women. (Amended by Stats. 2022, Ch. 197, Sec. 35. (SB 1493) Effective January 1, 2023.)
  191. 14150.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. )

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    The Legislature finds that community conflict resolution programs using ADR should be established for cases involving conduct that could be charged as misdemeanors, and that district attorneys and courts should be authorized to refer cases to them.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. ) ## 14150. The Legislature hereby finds and declares: (a) Over the last 10 years, criminal case filings, including misdemeanor filings, have been increasing faster than any other type of filing in California’s courts. Between 1981 and 1991, nontraffic misdemeanor and infraction filings in municipal and justice courts increased by 35 percent. (b) These misdemeanor cases add to the workload which is now straining the California court system. In addition, many of these cases are ill-suited to complete resolution through the criminal justice system because they involve underlying disputes which may result in continuing conflict and criminal conduct within the community. (c) Many victims of misdemeanor criminal conduct feel excluded from the criminal justice process. Although they were the direct victims of the offenders’ criminal conduct, the process does not currently provide them with a direct role in holding the offender accountable for this conduct. (d) Community conflict resolution programs utilizing alternative dispute resolution (ADR) processes such as mediation and arbitration have been effectively used in California and elsewhere to resolve conflicts involving conduct that could be charged as a misdemeanor. These programs can assist in reducing the number of cases burdening the court system. By utilizing ADR processes, these programs also provide an opportunity for direct participation by the victims of the conduct, thereby increasing victims’ satisfaction with the criminal justice process. In addition, by bringing the parties together, these programs may reduce conflict within the community by facilitating the settlement of disputes which are causing repeated misdemeanor criminal conduct and may increase compliance with restitution agreements by encouraging the offender to accept personal responsibility. (e) As of the effective date of this section, the San Francisco and Contra Costa district attorney offices refer between 1,000 and 1,500 cases per year involving conduct which could be charged as a misdemeanor to California Community Dispute Services, which provides ADR services. Between 70 and 75 percent of these cases are successfully resolved through the ADR process, and the rate of compliance with the agreements reached is between 80 and 93 percent. (f) The State of New York has developed a substantial statewide alternative dispute resolution program in which 65 percent of the cases using the services are of a criminal nature. These cases are referred to arbitration, conciliation, and mediation. Of the criminal misdemeanor cases that were mediated, 82 percent reached an agreement through the mediation process. (g) It is in the public interest for community dispute resolution programs to be established to provide ADR services in cases involving conduct which could be charged as a misdemeanor and for district attorneys and courts to be authorized to refer cases to these programs. (Added by Stats. 1992, Ch. 696, Sec. 91. Effective September 15, 1992.)
  192. 14151.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. )

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    The district attorney may set up a community conflict resolution program to provide ADR services for misdemeanor-type conduct cases.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. ) ## 14151. The district attorney may establish a community conflict resolution program pursuant to this title to provide alternative dispute resolution (ADR) services, such as mediation, arbitration, or a combination of both mediation and arbitration (med-arb) in cases, including those brought by a city prosecutor, involving conduct which could be charged as a misdemeanor. The district attorney may contract with a private entity to provide these services and may establish minimum training requirements for the neutral persons conducting the ADR processes. (Added by Stats. 1992, Ch. 696, Sec. 91. Effective September 15, 1992.)
  193. 14152.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. )

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    The district attorney may refer misdemeanor-chargeable cases to the community conflict resolution program, but must not refer cases involving child abuse, sexual assault, domestic violence, or an active protective order.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. ) ## 14152. (a) The district attorney may refer cases involving conduct which could be charged as a misdemeanor to the community conflict resolution program. In determining whether to refer a case to the community conflict resolution program, the district attorney shall consider, but is not limited to considering, all of the following: (1) The nature of the conduct in question. (2) The nature of the relationship between the alleged victim and the person alleged to have committed the conduct. (3) Whether referral to the community conflict resolution program is likely to help resolve underlying issues which are likely to result in additional conduct which could be the subject of criminal charges. (b) No case where there has been a history of child abuse, sexual assault, or domestic violence, as that term is defined in Section 6211 of the Family Code, between the alleged victim and the person alleged to have committed the conduct, or where a protective order, as defined in Section 6218 of the Family Code, is in effect, shall be referred to the community conflict resolution program. (Amended by Stats. 1993, Ch. 219, Sec. 222.7. Effective January 1, 1994.)
  194. 14153.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. )

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    The alleged victim and the person accused of the conduct must both knowingly and voluntarily agree to take part in the ADR process run by the community conflict resolution program.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. ) ## 14153. Both the alleged victim and the person alleged to have committed the conduct shall knowingly and voluntarily consent to participate in the ADR process conducted by the community conflict resolution program. (Added by Stats. 1992, Ch. 696, Sec. 91. Effective September 15, 1992.)
  195. 14154.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. )

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    A superior court may refer misdemeanor cases to a community conflict resolution program if the district attorney and defendant consent and the district attorney has established the program in that county.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. ) ## 14154. In a county in which the district attorney has established a community conflict resolution program, the superior court may, with the consent of the district attorney and the defendant, refer misdemeanor cases, including those brought by a city prosecutor, to that program. In determining whether to refer a case to the community conflict resolution program, the court shall consider, but is not limited to considering, all of the following: (a) The factors listed in Section 14152. (b) Any other referral criteria established by the district attorney for the program. The court shall not refer any case to the community conflict resolution program which was previously referred to that program by the district attorney. (Amended by Stats. 2002, Ch. 784, Sec. 575. Effective January 1, 2003.)
  196. 14155.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. )

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    The program must promptly send unresolved or unaccepted cases back to the district attorney or referring court, and it must recommend no prosecution if a pre-complaint case is resolved through the program. A court may dismiss a post-complaint, pre-adjudication case that is resolved through the referral.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. ) ## 14155. (a) If the alleged victim or the person alleged to have committed the conduct does not agree to participate in the community conflict resolution program or the case is not resolved through the ADR process provided by that program, the community conflict resolution program shall promptly refer the case back to the district attorney or to the court that made the referral for appropriate action. (b) If the community conflict resolution program determines that a case referred to it prior to the filing of a complaint has been resolved through that referral, the program shall recommend to the district attorney that the case not be prosecuted. (c) If a case referred to the community conflict resolution program after the filing of a complaint but prior to adjudication is resolved through that referral, the court may dismiss the action pursuant to Section 1378 or 1385. (Added by Stats. 1992, Ch. 696, Sec. 91. Effective September 15, 1992.)
  197. 14156.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. )

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    The Legislature says this title and other laws should not be read to prevent other precomplaint, pretrial, or posttrial diversion programs.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS [14150 - 14156] ( Heading of Title 10.6 renumbered from Title 10.5 (as added by Stats. 1992, Ch. 696) by Stats. 2001, Ch. 854, Sec. 64. ) ## 14156. It is the intent of the Legislature that neither this title nor any other provision of law be construed to preempt other precomplaint or pretrial diversion programs. It is also the intent of the Legislature that this title not preempt other posttrial diversion programs. (Added by Stats. 1992, Ch. 696, Sec. 91. Effective September 15, 1992.)
  198. 14160.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. )

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    This section says the title is meant to require certain monetary-instrument reports or records, directs the Attorney General to adopt enforcement rules, and says there is no private cause of action.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. ) ## 14160. (a) It is the purpose of this title to require certain reports or records of transactions involving monetary instruments as defined herein where those reports or records have a high degree of usefulness in criminal investigations or proceedings. (b) The Attorney General shall adopt rules and regulations for the administration and enforcement of this title. (c) It is the intent of the Legislature that the rules and regulations prescribed by the Attorney General for the administration and enforcement of this title shall be designed to minimize the cost and difficulty of compliance and shall, to the greatest extent possible, result in report and record-keeping forms consistent with those in use for compliance with Sections 5311 et seq. of Title 31 of the United States Code, Section 6050 I of Title 26 of the United States Code, and regulations adopted thereunder. (d) Nothing in this title shall be construed to give rise to a private cause of action for relief or damages. (Added by Stats. 1986, Ch. 1039, Sec. 3.)
  199. 14161.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. )

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    This section defines key terms used in the title, including financial institution, transaction, monetary instrument, department, criminal justice agency, and currency.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. ) ## 14161. As used in this title: (a) “Financial institution” means, when located or doing business in this state, any national bank or banking association, state bank or banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank, industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act, any credit union organized under the laws of the United States or any state, any national banking association or corporation acting under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any foreign bank, any currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly engages in the issuing, selling, or redeeming of traveler’s checks, money orders, or similar instruments, any broker or dealer in securities registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, any licensed sender of money, any investment banker or investment company, any insurance company, any dealer in coins, precious metals, stones, or jewelry, any pawnbroker, any telegraph company, any person or business engaged in controlled gambling within the meaning of subdivision (e) of Section 19805 of the Business and Professions Code, whether registered or licensed to do so or not, and any person or business defined as a “bank,” “financial agency,” or “financial institution” by Section 5312 of Title 31 of the United States Code or Section 103.11 of Title 31 of the Code of Federal Regulations and any successor provisions thereto. (b) “Transaction” includes the deposit, withdrawal, transfer, bailment, loan, payment, or exchange of currency, or a monetary instrument, as defined by subdivision (c), by, through, or to, a financial institution, as defined by subdivision (a). “Transaction” does not include the purchase of gold, silver, or platinum bullion or coins, or diamonds, emeralds, rubies, or sapphires by a bona fide dealer therein, and does not include the sale of gold, silver, or platinum bullion or coins, or diamonds, emeralds, rubies, or sapphires by a bona fide dealer therein in exchange for other than a monetary instrument, and does not include the exchange of gold, silver, or platinum bullion or coins, or diamonds, emeralds, rubies, or sapphires by a bona fide dealer therein for gold, silver, or platinum bullion or coins, or diamonds, emeralds, rubies, or sapphires. (c) “Monetary instrument” means United States currency and coin; the currency and coin of any foreign country; and any instrument defined as a “monetary instrument” by Section 5312 of Title 31 of the United States Code or Section 103.11 of Title 31 of the Code of Federal Regulations, or the successor of either. Notwithstanding any other provision of this subdivision, “monetary instrument” does not include bank checks, cashier’s checks, traveler’s checks, personal checks, or money orders made payable to the order of a named party that have not been endorsed or that bear restrictive endorsements. (d) “Department” means the Department of Justice. (e) “Criminal justice agency” means the Department of Justice and any district attorney’s office, sheriff’s department, police department, or city attorney’s office of this state. (f) “Currency” means United States currency or coin, the currency or coin of any foreign country, and any legal tender or coin defined as currency by Section 103.11 of Title 31 of the Code of Federal Regulations or any succeeding provision. (Amended by Stats. 1997, Ch. 867, Sec. 60. Effective January 1, 1998.)
  200. 14162.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. )

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    Financial institutions must keep records and file reports for cash transactions over $10,000, with some exceptions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. ) ## 14162. (a) A financial institution shall make and keep a record of each transaction by, through, or to, the financial institution that involves currency of more than ten thousand dollars ($10,000). A financial institution shall file a report of the transaction with the department in a form and at the time that the department, by regulation, shall require. The filing with the department within the time specified in its regulations of a duplicate copy of a report of the transaction required by Section 6050I of Title 26 of the United States Code, and any regulations adopted thereunder, shall satisfy the reporting requirements of this subdivision. This subdivision does not apply to a financial institution, as defined in Section 5312 of Title 31 of the United States Code and Section 103.11 of Title 31 of the Code of Federal Regulations and any successor provisions thereto. (b) A financial institution, as defined in Section 5312 of Title 31 of the United States Code and Section 103.11 of Title 31 of the Code of Federal Regulations and any successor provisions, shall file with the department, at any time as the department by regulation shall require, a duplicate copy of each report required by Sections 5313 and 5314 of Title 31 of the United States Code and by Sections 103.22 and 103.23 of Title 31 of the Code of Federal Regulations, and any successor provisions thereto. The filing pursuant to this subdivision shall satisfy all reporting and recordkeeping requirements of this title. (c) (1) A financial institution with actual knowledge of the requirements of this section that knowingly and willfully fails to comply with the requirements of this section shall be liable for a civil penalty. (2) The court may impose a civil penalty for each violation. However, in the first civil proceeding against a financial institution, the civil penalties for all violations shall not exceed a total sum of ten thousand dollars ($10,000). If a civil penalty was imposed in a prior civil proceeding, the civil penalties for all violations shall not exceed a total sum of twenty-five thousand dollars ($25,000). If a civil penalty was imposed in two or more prior civil proceedings, the civil penalties for all violations shall not exceed a total sum of one hundred thousand dollars ($100,000). (3) A proceeding for a civil penalty under this subdivision may be brought only by the Attorney General of California or the district attorney for the county in which the violation is alleged to have occurred. The proceeding shall be governed by the Code of Civil Procedure. (4) This subdivision shall not apply to any case where the financial institution is criminally prosecuted in federal or state court for conduct related to a violation of this section. (Amended by Stats. 1992, Ch. 672, Sec. 4. Effective January 1, 1993.)

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