CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

97

CHAPTER 814

Statutes of 2018

[ Approved by Governor September 27, 2018. Filed with Secretary of State September 27, 2018. ]

Introduced by Assembly Member Cervantes

February 7, 2018

An act to amend Section 13152 of the Penal Code, relating to criminal statistics.

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

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires criminal justice agencies to compile records and data, including a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release, about criminal offenders. Existing law requires admissions or releases from detention facilities to be reported by the detention agency to the Department of Justice within 30 days of that action.

This bill would clarify the requirement that both admission and release from detention facilities be reported by the detention agency to the department within 30 days. By increasing the duties of local detention facilities, the 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 13152 of the Penal Code is amended to read:

13152.

Both admission and release from detention facilities shall be reported by the detention agency to the Department of Justice within 30 days of that action.

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.