AMENDED IN ASSEMBLY MAY 25, 2018

AMENDED IN ASSEMBLY MARCH 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

95

CHAPTER 281

Statutes of 2018

[ Approved by Governor September 6, 2018. Filed with Secretary of State September 6, 2018. ]

Introduced by Assembly Member Reyes

(Coauthor: Assembly Member Gonzalez Fletcher)

February 15, 2018

An act to add Section 4001.2 to the Penal Code, relating to jails.

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

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes county jails to be used for specified purposes, including the detention of persons charged with crimes and committed for trial. Existing law authorizes a court to place defendants who are current or former members of the United States military and suffering from specified conditions in a pretrial diversion program.

This bill would require county jails to, upon detention of a person, ask if the person has served in the United States military and document the person’s response. The bill would additionally require that the county jail make this information available to the person, his or her counsel, and the district attorney. By increasing the duties of county jails, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, 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.

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

SECTION 1.

Section 4001.2 is added to the Penal Code, to read:

4001.2.

(a) Each county jail shall, upon detention of a person, ask if the person has served in the United States military and document the person’s response.

(b) The county jail shall make this information available to the person, his or her counsel, and the district attorney.

(c) This section shall become operative on January 1, 2020.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.