AMENDED IN SENATE AUGUST 13, 2019

AMENDED IN ASSEMBLY MARCH 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

95

CHAPTER 571

Statutes of 2019

[ Approved by Governor October 8, 2019. Filed with Secretary of State October 8, 2019. ]

Introduced by Assembly Member McCarty

(Coauthor: Assembly Member Diep)

January 28, 2019

An act to amend Sections 14306.5 and 17003 of the Public Resources Code, relating to resource conservation.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes the Director of the California Conservation Corps, in implementing the California Conservation Corps program, to recruit and enroll corpsmembers and special corpsmembers and to adopt criteria for selecting applicants for enrollment, including individuals convicted of a crime described in the California Uniform Controlled Substances Act. Existing law requires the director, when adopting this criteria, to take into account the health, safety, and welfare of the public and the corps program participants and staff. Existing law authorizes the director to select an applicant for enrollment in the corps program who is on probation, postrelease community supervision, or mandatory supervision.

This bill would also authorize the director to select an applicant for enrollment in the corps program who is on parole. When selecting an applicant for enrollment in the corps program, the bill would require the director to consider specified aspects of the applicant’s overall fitness to join the corp, including any potential impacts the applicant may have on public safety, as provided.

Existing law establishes the community conservation corps, defined as a nonprofit public benefit corporation or an agency operated by a city, county, or city and county that is certified by the California Conservation Corps, as meeting specified criteria. Existing law, notwithstanding a certain prohibition, authorizes a school district or county office of education that operates a community conservation corps to select an applicant for enrollment in the community conservation corps program who is on probation, postrelease community supervision, or mandatory supervision.

This bill would also authorize, notwithstanding that prohibition, a school district or county office of education that operates a community conservation corps to select an applicant for enrollment in the community conservation corps program who is on parole.

The people of the State of California do enact as follows:

SECTION 1.

Section 14306.5 of the Public Resources Code is amended to read:

14306.5.

(a) In recruiting and enrolling corpsmembers and special corpsmembers, the director may select an applicant for enrollment in the corps program who is on probation, parole, postrelease community supervision, or mandatory supervision.

(b) When selecting an applicant for enrollment in the corps program pursuant to subdivision (a), the director shall consider the applicant’s overall fitness to join the corps, which shall include, but not be limited to, an assessment of all of the following:

(1) Any potential impacts the applicant may have on public safety as well as the safety of other members of the corps.

(2) Whether the applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.

(3) Whether the applicant is on lifetime parole.

SEC. 2.

Section 17003 of the Public Resources Code is amended to read:

17003.

Notwithstanding the prohibition on hiring or retaining an employee with a controlled substance offense, as defined in Section 44011 of the Education Code, contained in Part 25 (commencing with Section 44000) of Division 3 of Title 2 of the Education Code, a school district or county office of education that operates a community conservation corps certified pursuant to Section 14507.5 may select an applicant for enrollment in the community conservation corps program who is on probation, parole, postrelease community supervision, or mandatory supervision.