Robert M. Hertzberg
- Democratic
Author
(1) Existing law, as proposed by SB 10 of the 2017–18 Regular Session, commencing October 1, 2019, requires persons arrested and detained to be subject to a pretrial risk assessment conducted by Pretrial Assessment Services, defined as an entity, division, or program that is assigned the responsibility to assess the risk level of persons charged with the commission of a crime, report the results of the risk determination to the court, and make recommendations for conditions of release of individuals pending adjudication of their criminal case. SB 10 requires the courts to establish pretrial assessment services and authorizes those services to be performed by court employees or through a contract with a local public agency, as specified. SB 10 provides that if no local agency will agree to perform the pretrial assessments, and if the court elects not to perform the assessments, the court may contract with a new local pretrial assessment services agency established specifically to perform the role. SB 10 requires pretrial assessment services to be performed by public employees. This bill, notwithstanding the requirement that pretrial assessment services be performed by public employees, would authorize, until January 1, 2023, a qualified local public agency in the City and County of San Francisco to contract with the existing not-for-profit entity that is performing pretrial services in the city and county to provide continuity and sufficient time to transition the entity's employees into public employment. (2) SB 10 authorizes Pretrial Assessment Services to release a person assessed as being a low risk, as defined, on his or her own recognizance, and additionally requires superior courts to adopt rules authorizing Pretrial Assessment Services to release persons assessed as being a medium risk, as defined, on his or her own recognizance. However, SB 10 prohibits Pretrial Assessment Services from releasing persons who meet specified conditions, including, among others, tier 2 sex offenders subject to registration for a minimum of 20 years and tier 3 sex offenders subject to lifetime registration. This bill would provide that if SB 10 of the 2017–18 Regular Session becomes operative, the release prohibitions described above would be expanded to additionally include persons convicted of sex crimes and certain other offenses subject to the Sex Offender Registration Act, as specified. By increasing the length of time certain persons remain in county jails, this bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 980, Statutes of 2018.
Enrolled and presented to the Governor at 4 p.m.
Reconsideration granted. (Ayes 39. Noes 0. Page 5961.)
Assembly amendments concurred in. (Ayes 38. Noes 1. Page 5957.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 75. Noes 1. Page 6721.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Action rescinded whereby the bill was re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.
Ordered to third reading.
Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.
Ordered to third reading.
Read third time and amended.
From inactive file.
Ordered to third reading.
Notice of intention to remove from inactive file given by Assembly Member Calderon.
From consent calendar on motion of Assembly Member Calderon.
Ordered to inactive file.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on APPR.
June 12 hearing postponed by committee.
Read third time. Passed. (Ayes 38. Noes 0. Page 4942.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to consent calendar.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
Set for hearing April 30.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 4719.) (April 18). Re-referred to Com. on APPR.
Set for hearing April 18.
April 4 set for first hearing canceled at the request of author.
Set for hearing April 4.
From printer. May be acted upon on or after March 15.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1054 | HTML |
| 02/12/18 - Introduced | |
| 08/23/18 - Amended Assembly | |
| 09/04/18 - Enrolled | |
| 09/30/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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