AB 60 — Restorative justice program.

Summary

Existing law establishes specified rights for victims and witnesses of crimes, including to be notified or informed regarding specified court proceedings and inmate placement or parole eligibility. Existing law requires the Attorney General to, by June 1, 2025, create and distribute a "Victim Protections and Resources" card, which contains information about victim rights and resources, as specified. This bill would give a victim the right to be notified of the availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation, as specified. The bill would additionally require the Attorney General to include this information in the "Victim Protections and Resources" card, as specified. Existing law establishes the jurisdiction of the juvenile court, which may adjudge a minor or nonminor to be a dependent or ward of the court under certain circumstances. Existing law requires the probation officer to inform the victim of a crime in a juvenile proceeding of the final disposition of the case and of any victim-offender conferencing program or victim impact class available in the county. This bill would remove the requirement that the victim be notified of a victim-offender conferencing program, but would require the victim to be notified of the availability of community-based restorative justice programs and processes available to them. By increasing the duties of probation officers, 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.

Bill Text

• Chaptered 10/08/23 - Chaptered Current pdf October 08, 2023
• Enrolled 09/14/23 - Enrolled pdf September 14, 2023
• Amended 03/16/23 - Amended Assembly pdf March 16, 2023
• Introduced 12/06/22 - Introduced pdf December 06, 2022
• AB60 View text html

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 4 section(s) of the California codes: Section 1029 of the Government Code; Section 832.18 of the Penal Code; Section 13506 of the Penal Code; Section 13510.1 of the Penal Code.

• Section 1029 of the Government Code

  county county fire, pestilence → county, county, pestilence,

  amended

• Section 832.18 of the Penal Code

  Internet Web sites, → internet websites,

  amended

• Section 13506 of the Penal Code

  SEC. 6.Section 13509.6 is added to the Penal Code, to read:13509.6.(a)No later than January 1, 2022, the Governor shall establish the Peace Officer Standards Accountability Advisory Board, hereafter referred to in this chapter as the board. (b)The purpose of the board shall be to make recommendations on the decertification of peace officers to the commission for final determination. (c)The protection of the public shall be the highest priority for the board as it upholds the standards for peace officers in California. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (d)The board shall consist of 10 members, as follows: (1)Three members shall be peace officers or former peace officers with substantial experience as the head of an agency or at an executive rank. These members shall be appointed by the Governor. (2)Two members shall be peace officers or former peace officers with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers, appointed by the Governor. (3)Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at nonprofit or academic institutions on issues related to criminal justice, or experience determining peace officer disciplinary appeals as a hearing officer or member of a civil service board or commission. One of these members shall be appointed by the Governor and one by the Speaker of the Assembly. (4)Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at community-based organizations on issues related to criminal justice. One of these members shall be appointed by the Governor and one by the Senate Rules Committee. (5)One member shall be an attorney, who shall not be a former peace officer, with substantial professional experience involving oversight of peace officers, appointed by the Governor. (e)Except as otherwise provided in subdivision (f), each member shall be appointed for a term of three years and shall hold office until the appointment of the member’s successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever occurs first. Vacancies occurring shall be filled by appointment for the unexpired term of a person with the same qualification for appointment as the person being replaced. No person shall serve more than two terms consecutively. The Governor shall remove from the board any peace officer member whose certification as a peace officer has been revoked. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause, including any demonstrated bias or inability to maintain impartiality regarding allegations of misconduct against a peace officer. (f)Of the members initially appointed to the board, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Successor appointments shall be made pursuant to subdivision (e). (g)Each member of the board shall receive a per diem of three hundred fifty dollars ($350) for each day actually spent in the discharge of official duties, including reasonable time spent in preparation for public hearings, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Upon request of a member based on financial necessity, the commission shall arrange and make direct payment for travel or other necessities rather than providing reimbursement. → SEC. 6. Section 13509.5 is added to the Penal Code, to read: 13509.5. (a) On or before January 1, 2023, the Governor shall establish the Peace Officer Standards Accountability Advisory Board, hereafter referred to in this chapter as “the board.”(b) The purpose of the board shall be to make recommendations to the commission for determination of a peace officer’s certificate status.(c) The protection of the public shall be the highest priority for the board as it upholds the standards for peace officers in California. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.(d) The board shall consist of 11 members, as follows:(1) Two members shall be peace officers or former peace officers with substantial experience as the head of an agency or at the executive level, appointed by the Governor.(2) Two members shall be peace officers or former peace officers with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers, appointed by the Governor.(3) One member who is a sworn peace officer identified in Section 830.2, excluding subdivision (d), and a duly elected executive member of a recognized employee organization under Section 3512 of the Government Code, appointed by the Governor.(4) One member who is a sworn peace officer identified in Section 830.1 and a duly elected executive member of a recognized employee organization under Section 3500 of the Government Code, appointed by the Governor.(5) Two members shall be members of the public who are not former peace officers, and who have substantial experience working at nonprofit or academic institutions on issues related to criminal justice, or determining peace officer disciplinary appeals as a hearing officer or member of a civil service board or commission. One of these members shall be appointed by the Governor and one by the Speaker of the Assembly.(6) Two members shall be members of the public who are not former peace officers, and who have substantial experience working at community-based organizations on issues related to criminal justice. One of these members shall be appointed by the Governor and one by the Senate Rules Committee.(7) One member shall be an attorney who is not a former peace officer, and who has substantial professional experience involving peace officer oversight or peace officer disciplinary proceedings, appointed by the Governor.(e) The Governor may remove any board member who has clearly demonstrated any bias or inability to maintain impartiality regarding allegations of misconduct against a peace officer.(f) Except as provided in subdivision (g), each member shall be appointed for a term of three years and shall hold office until the appointment of the member’s successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever occurs first. Vacancies occurring shall be filled by appointment for the unexpired term of a person with the same qualification for appointment as the person being replaced. A person shall not serve more than two terms consecutively. The Governor shall remove from the board any peace officer member whose certification as a peace officer has been revoked. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause.(g) Of the members initially appointed to the board, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Successor appointments shall be made pursuant to subdivision (f).(h) Each member of the board shall receive a per diem of three hundred fifty dollars ($350) for each day actually spent in the discharge of official duties, including reasonable time spent in preparation for public hearings, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Upon re

  added

• Section 13510.1 of the Penal Code

  SEC. 10.Section 13510.8 is added to the Penal Code, to read:13510.8.(a)A certified peace officer shall have their certification suspended or revoked, and an applicant shall have their application for certification denied, upon a determination that the peace officer or applicant has done any of the following: (1)The person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. (2)The person has been terminated for cause from employment as a peace officer for serious misconduct. (b)The commission shall adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or suspension or revocation of, certification. This definition shall, without limitation, include all of the following: (1)Dishonesty, including, but not limited to, false statements, filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct. (2)Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest. (3)Physical abuse, including, but not limited to, the use of excessive force or failure to reasonably intervene when excessive force is used. (4)Sexual assault, as described in subdivision (b) of Section 832.7. (5)Bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. (6)Participation in organized criminal operations. (c)Each law enforcement agency is responsible for the investigation of allegations of serious misconduct, regardless of the subject peace officer’s employment status. The commission shall have access, as necessary, to review the investigative file and administrative appeal record of an agency, which may include prior complaints in the peace officer’s record. The commission will only have authority to review these files for purposes of decertification. (d)A law enforcement agency shall notify the commission, within 10 days after a peace officer employed by the agency has become the subject of three or more allegations of serious misconduct within a five-year period, to review the peace officer’s file and any investigation carried out by the agency. (e)If the commission finds that a thorough investigation into serious misconduct was not completed, the commission shall notify the law enforcement agency of this finding and the agency shall respond in writing within 30 days. (f)The commission shall post both its findings and the written response from law enforcement on its internet website. Prior to posting this information, the commission shall remove all personal identifying information of the agency, the individual officers involved, or any other parties involved. (a)Every law enforcement agency, including any police department, sheriff’s department, or other entity that employs any peace officer described in Section 830.1, 830.2 with the exception of those described in subdivision (d) of that section, Section 830.3, 830.32, or 830.33, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program, shall notify the commission within 10 days, in a form approved by the commission, after a peace officer employed by that agency separates from employment, including, without limitation, any termination, resignation, or retirement in lieu of termination or when pending allegations of serious misconduct. (b)The notification described in subdivision (a) shall include, as applicable, a summary of the allegations known to the law enforcement agency at the time, and the status of a → SEC. 10. Section 13510.8 is added to the Penal Code, to read: 13510.8. (a) A certified peace officer shall have their certificate suspended or revoked, and an applicant shall have their application for a certificate denied, upon a determination that the peace officer or applicant meets either of the following conditions:(1) The person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.(2) The person has been subject to a sustained termination, as defined in subdivision (b) of Section 832.8 for serious misconduct on or after January 1, 2022.(b) The commission shall adopt by regulation a definition of “serious misconduct,” which is limited to conduct of such a nature that the officer’s continued certification as a peace officer poses a significant threat to the public. The definition shall serve as the criteria to be considered for suspension or revocation of a certificate. This definition shall include all of the following examples of serious misconduct:(1) Dishonesty, including, but not limited to, intentionally false statements material to the investigation of a crime, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.(2) Abuse of power by using or threatening to use force against a victim or witness to a crime, intentionally obtaining a false confession, and intentionally making a false arrest.(3) Physical abuse or excessive force resulting in death or bodily injury involving a substantial risk of death or permanent impairment of a bodily organ.(4) Sexual assault involving the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under color of authority.(5) Bias in the performance of a peace officer or custodial officer’s duties, including, but not limited to, verbal statements, writings, online posts, recordings, and gestures involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.(c) Each law enforcement agency shall be responsible for investigation, findings, and actions by the agency, if any, relating to allegations of serious misconduct, regardless of employment status.(d) The commission shall have access, if necessary, to review an agency investigative file and administrative appeal record that may include prior complaints of serious misconduct in the peace officer’s record. The commission shall only have authority to review the file for purposes of decertification.(e) (1) After three allegations of serious misconduct within five years, the commission shall review the peace officer’s file to review the investigation as carried out by the employing department. The law enforcement agency shall notify the commission within 10 days of an officer’s third allegation of serious misconduct.(2) The three allegations shall originate from three separate and distinct complaints against the officer and the five-year span shall be consecutive time served on active duty.(3) The commission shall have 180 days to conduct the review to determine the thoroughness of the investigations of serious misconduct.(4) Should the commission discover that a thorough investigation into serious misconduct was not completed, the commission shall notify the law enforcement agency of this finding and the agency shall respond in writing within 30 days.(5) The commission shall post both its findings and the written response from the law enforcement agency on the commission’s internet website. Prior to posting this information, the commi

  amended

Action History

1. October 08, 2023

   Chaptered by Secretary of State - Chapter 513, Statutes of 2023.

2. October 08, 2023

   Approved by the Governor.

3. September 19, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 12, 2023

   In Assembly. Ordered to Engrossing and Enrolling.

5. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2684.).

6. September 08, 2023

   Ordered to special consent calendar.

7. September 05, 2023

   Read second time. Ordered to third reading.

8. September 01, 2023

   From committee: Do pass. (Ayes 7. Noes 0.) (September 1).

9. June 26, 2023

   In committee: Referred to APPR. suspense file.

10. June 13, 2023

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 13). Re-referred to Com. on APPR.

11. May 31, 2023

    Referred to Com. on PUB S.

12. May 18, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

13. May 18, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1593.)

14. May 11, 2023

    Read second time. Ordered to Consent Calendar.

15. May 10, 2023

    From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10).

16. May 03, 2023

    In committee: Hearing postponed by committee.

17. April 19, 2023

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 18). Re-referred to Com. on APPR.

18. March 20, 2023

    Re-referred to Com. on PUB. S.

19. March 16, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

20. March 16, 2023

    Referred to Com. on PUB. S.

21. January 04, 2023

    Read first time.

22. December 07, 2022

    From printer. May be heard in committee January 6.

23. December 06, 2022

    Introduced. To print.

Sponsors

• Isaac G. Bryan · Primary

Votes

Subjects