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AMENDED IN SENATE MARCH 14, 2011

california legislature201112 regular session

ASSEMBLY BILL No. 102

Introduced by Committee on Budget (Blumenfeld (Chair), Alejo,Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)

January 10, 2011

An act relating to the Budget Act of 2011. An act to amend Sections

11044, 20398, 68511.8, and 77206 of the Government Code, to amendSections 830.2, 830.5, and 6126.1 of, and to amend and repeal Section1465.8 of, the Penal Code, to amend Sections 1051, 1826, 1850, 1850.5,1851, 2250, 2250.4, 2250.6, 2253, and 2620 of the Probate Code, andto add Part 2.5 (commencing with Section 19201) to Division 2 of thePublic Contract Code, relating to the administration of justice, makingan appropriation therefor, and declaring the urgency thereof, to takeeffect immediately, bill related to the budget.

legislative counsels digest

AB 102, as amended, Committee on Budget. Budget Act of 2011.

Administration of justice.(1) Existing law created the Legal Services Revolving Fund in the

State Treasury. Existing law requires the Attorney General to chargethe costs incurred in providing legal services. Existing law prohibitscharges, except as approved by the Department of Finance, for legalservices to be against the General Fund. Existing law requires theController to transfer the amount of the charges for services renderedfrom the agencys appropriation to the appropriation for the supportof the Attorney Generals Offce; however, the Attorney General is

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prohibited from requesting an amount that exceeds the amount budgetedby the state agency for the Attorney Generals legal services.

This bill would delete the prohibition that charges for legal servicescannot be made against the General Fund. This bill would require theController to transfer the amount of the charges for services renderedfrom the agencys appropriation to the appropriation for the support

of the Attorney Generals offce using the Controllers direct transferprocess. This bill would require all disputes to be resolved in accordancewith a specifed provision of the State Administrative Manual.

(2) Existing law classifes certain police offcers, sheriff deputies,andfrefghters who have responsibility for the direct supervision ofstate peace offcer/frefghter personnel as state peace offcer/frefghtermembers under the Public Employees Retirement System (PERS).Employees classifed as safety members under PERS, including statepeace offcer/frefghter members, are generally entitled to higherbenefts and subject to higher contribution rates than employeesclassifed as miscellaneous or general members. Certain employees ofthe Offce of the Inspector General are peace offcers and entitled to

state peace offcer/frefghter benefts under PERS.This bill would include in the state peace offcer/frefghter

classifcation employees of the Offce of the Inspector General who areno longer peace offcers after the effective date of this act but who werehired as peace offcers prior to April 1, 2011, or prior to the frst dayof the frst pay period following the enactment of this act if this act isenacted after April 1, 2011.

(3) Existing law requires the Judicial Council to provide an annualstatus report to the chairpersons of the budget committee in each houseof the Legislature and the Joint Legislative Budget Committee regardingthe California Case Management System and Court Accounting andReporting System on or before December 1 of each year until projectcompletion. Existing law requires the Administrative Offce of the Courts(AOC) to annually provide to those chairpersons copies of anyindependent project oversight report for the California CaseManagement System.

(4) Existing law also provides that the California Case ManagementSystem, and all other administrative and infrastructure informationtechnology projects of the Judicial Council or the courts with total costsestimated at more than $5,000,000, shall be subject to the review andrecommendations of the offce of the State Chief Information Offcer,as specifed. Existing law requires the State Chief Information Offcer

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to submit a copy of those reviews and recommendations to the JointLegislative Budget Committee.

This bill would instead require the Judicial Council to provide theabove-described status report on or before December 1 of each yearuntil the completion and full implementation of the project. The billwould also require the AOC to retain an independent consultant to

review the California Case Management System and produce a writtenindependent assessment of the system, as specifed. The bill would, priorto the acceptance and deployment of the system, require the independentconsultant to provide the written assessment to the AOC, require theAOC to provide a copy of the written assessment to legislative budgetcommittees, as specifed, and require the AOC to work with thedevelopment vendor to ensure that any aws, defects, or risks identifedin the assessment are remedied during the warranty period.

(5) Existing law provides that the Judicial Council may regulate thebudget andfscal management of the trial courts. Existing law requiresthe Administrative Offce of the Courts to contract with the Controllerto perform specifed audits, except as specifed.

This bill would require that the audits referenced above additionallydetermine compliance with the California Judicial Branch ContractLaw, as described in (9) below.

(6) Existing law creates the independent Offce of the InspectorGeneral and provides that it is not a subdivision of any other governmententity. The Inspector General and certain other employees of the offceare peace offcers provided that the primary duty of these peace offcersis conducting audits of investigatory practices and other audits, as wellas conducting investigations, of the Department of Corrections andRehabilitation, Division of Juvenile Justice, and the Board of ParoleHearings.

This bill would remove the Inspector General and other employeesof his or her offce as peace offcers, except for those employees whoseprimary duties are conducting investigations of the Department ofCorrections and Rehabilitation, Division of Juvenile Justice, and theBoard of Parole Hearings. The bill would make conforming changes.The bill would further make nonsubstantive, technical changes to theseprovisions.

(7) Existing law requires that $40 be imposed on every convictionfor a criminal offense, including traffc offenses, to ensure and maintainadequate funding for court security. Existing law requires that amount

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to be reduced to $30 on July 1, 2011, and reduced to $20 on July 1,2013.

This bill would instead keep in effect the charge of $40 until July 1,2013, at which time the charge would be reduced to $30. The bill woulddelete the provision reducing the charge to $20.

(8) Existing law regulates the terms and conditions of

conservatorships. Existing law authorizes a court to refer certain issuesrelating to a conservatorship to a court investigator and prescribes theduties of a investigator in this regard which include interviewingspecifed relatives of a proposed conservatee, conducting investigationsof, and reporting to a court about, the appropriateness of aconservatorship, and, to the extent practicable, reviewing accountingswith a conservatee. Existing law requires a court to review each limitedconservatorship one year after the appointment of the conservator andbiennially thereafter. Existing law permits specifed parties to fle apetition for an appointment of a temporary guardian or a temporaryconservator and establishes requirements for the petition and for noticeof the hearing on the petition. Existing law also creates various

requirements for a court in this regard, and for a court investigator,including interviewing a proposed conservatee and informing him orher of the nature, purpose, and effect of a temporary conservatorship.

This bill would provide that a superior court is not required to performcertain duties enacted by specifed statutes in relation toconservatorships, described above, until an appropriation is made thatis identifed for this purpose.

(9) The Public Contract Code generally governs contracts enteredinto by a state agency, including contracts for the erection, construction,alteration, repair, or improvement of any state structure, building, road,or other state improvement of any kind, as prescribed, and theacquisition of goods and services, by the state agency, and also setsforth the requirements for the solicitation and evaluation of bids andthe awarding of those contracts. For purposes of those laws, stateagency does not include the courts, or any agency in the judicialbranch of government.

This bill would create the California Judicial Branch Contract Law,which would apply specifed provisions of the Public Contract Codeapplicable to state agencies and departments to specifed contractsinitially entered into or amended by judicial branch entities, as defned,on or after October 1, 2011, as provided. The bill would requirecontracts to be subject to review by the Bureau of State Audits and all

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administrative and infrastructure information technology projects ofthe Judicial Council to be subject to review by the California TechnologyAgency, as specifed.

This bill would provide that the California Judicial Branch ContractLaw does not apply to procurement and contracting by judicial branchentities that are related to trial court construction, including, but not

limited to, the planning, design, construction, rehabilitation, renovation,replacement, lease, or acquisition of trial court facilities.

This bill would also require the Judicial Council to provide a reportcontaining certain information relating to procurement to the JointLegislative Budget Committee twice a year beginning in 2002, asspecifed, and, by January 15, 2013, to provide a report to the JointLegislative Budget Committee on the process, transparency, costs, andtimeliness of its construction procurement practices. The bill wouldalso require the Legislative Analysts Offce to conduct an analysis ofthe fndings. The Legislative Analysts Offce may request that theDepartment of General Services provide comparable information, asspecifed. The bill would require the audits referenced in (5) above to

include an audit and report by the State Auditor on his or her assessmentof the implementation of the California Judicial Branch Contract Lawby the judicial branch. The bill would provide that the State Auditorshall be reimbursed by the judicial branch entity that is the subject ofthe audit for all reasonable costs associated with conducting that audit.

(10) The DNA Fingerprint, Unresolved Crime and InnocenceProtection Act, an initiative measure, requires an additional penaltyof one dollar for every $10 or part thereof to be levied in each countyupon every fne, penalty, or forfeiture imposed and collected by thecourts for all criminal offenses, as specifed. The act requires 25% ofthose moneys to be transferred to the states DNA Identifcation Fundand specifes the purposes for which those funds may be used.

This bill would appropriate $1,000 from the DNA Identifcation Fundto the Department of Justice for state operations, consistent with thosepurposes in the 201112 fscal year.

(11) The California Constitution authorizes the Governor to declarea fscal emergency and to call the Legislature into special session forthat purpose. Governor Schwarzenegger issued a proclamationdeclaring a fscal emergency, and calling a special session for thispurpose, on December 6, 2010. Governor Brown issued a proclamationon January 20, 2011, declaring and reaffrming that a fscal emergency

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exists and stating that his proclamation supersedes the earlierproclamation for purposes of that constitutional provision.

This bill would state that it addresses the fscal emergency declaredand reaffrmed by the Governor by proclamation issued on January20, 2011, pursuant to the California Constitution.

(12) This bill would declare that it is to take immediate effect as an

urgency statute and a bill providing for appropriations related to theBudget Bill.

This bill would express the intent of the Legislature to enact statutorychanges relating to the Budget Act of 2011.

Vote: majority 23. Appropriation: no yes. Fiscal committee: noyes. State-mandated local program: no.

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

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SECTION 1. Section 11044 of the Government Code isamended to read:

11044. (a) The Legal Services Revolving Fund is hereby

created in the State Treasury. The Department of Justice shalladminister this fund. Moneys in the fund, upon appropriation bythe Legislature, shall be used by the Attorney General forinvestigation and litigation activities taken on behalf of the stateagencies employing the legal services of the department and forinvestigation and litigation activities funded through judgmentsor settlements.

(b) For state agencies, departments, or programs that are chargedfor the costs of legal services rendered by the Attorney General,the Attorney General shall charge an amount suffcient to recoverthe costs incurred in providing the legal services. These funds shallbe deposited into the Legal Services Revolving Fund. Except asapproved by the Department of Finance, charges for legal servicesmay not be made against the General Fund, but may be madeagainst any other fund or special account in the General Fund.

(c) Upon the request of the Attorney General in the formprescribed by the Controller, the Controller shall transfer theamount of the charges for services rendered from the agencysappropriation to the appropriation for the support of the AttorneyGenerals offce, provided that the Attorney General shall notrequest an amount which, when added to previous charges in thesame fscal year, exceeds the amount budgeted by the state agency

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for Attorney General legal services using the Controllers directtransfer process. Payments for these charges shall be credited toand in augmentation of the appropriation for the support of theAttorney Generals offce from which the cost of the services wasor will be paid.

(d) A state agency that has a dispute regarding charges for legal

services provided by the Attorney General shall notify the AttorneyGeneral, in writing, of the dispute and the basis for it. The AttorneyGeneral shall immediately provide a credit to the state agency inthe subsequent billing or billings for the amount of the charges indispute. No further transfer of funds shall occur with respect tothe services for which charges are disputed until the dispute isresolved by the Attorney General, subject to the approval of theDepartment of Finance. All disputes shall be resolved inaccordance with subdivision (l) of Section 8474.1 of Chapter 8400of the State Administrative Manual. Upon resolution of the disputein favor of the state agency, the Attorney General shall provide acredit to the state agency for the amount of the charges in dispute.

SEC. 2. Section 20398 of the Government Code is amended toread:

20398. State peace offcer/frefghter member also includes:(a) (1) State offcers and employees designated as peace offcers

as defned in Sections 830.1, 830.2, 830.3, 830.38, 830.4, and830.5 of the Penal Code, or a frefghter whose principal dutiesconsist of active frefghting/fre suppression, who is eitherexcluded from the defnition of state employee in subdivision (c)of Section 3513 or is a nonelected offcer or employee of theexecutive branch of government who is not a member of the civilservice, if the majority of his or her duties consists of one of thefollowing:

(A) Responsibility for the direct supervision of state peaceoffcer/frefghter personnel specifed in Sections 20391, 20392,20393, and 20395.

(B) Conducting investigations or audits of investigatory practicesand other audits of, or in, the Department of Corrections andRehabilitation.

(C) Administration of programs of an agency, department, orother organizational unit that is primarily responsible for activelaw enforcement or active frefghting/fre suppression.

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(2) For purposes of this subdivision, administration meansthe actions of the employee designated as a peace offcer/frefghtermember in a position that is in the direct chain of command overan agency, department, or organizational unit in which the majorityof employees are state peace offcer/frefghter members asdescribed in Section 20391, 20392, 20393, or 20395.

(b) State peace offcer/frefghter member shall not includepersons whose primary responsibilities are limited to personneladministration, budgeting, public affairs, data processing orinformation technology, governmental relations, or legal support,or administration or oversight of these responsibilities.

(c) State peace offcer/frefghter member shall includeindividuals hired prior to January 1, 2009, who do not meet thecriteria in subdivision (a) if those individuals have beencontinuously employed in positions that were deemed to comewithin the state peace offcer/frefghter member classifcationpursuant to this section prior to January 1, 2009.

(d) State peace offcer/frefghter member shall include

individuals hired prior to April 1, 2011, or the frst day of the frstpay period following the enactment of the act that added thissubdivision if that act is enacted after April 1, 2011, who do notmeet the criteria in subdivision (a) if those individuals have beencontinuously employed in positions in the Offce of the InspectorGeneral that were deemed to come within the state peaceoffcer/frefghter member classifcation pursuant to this sectionprior to April 1, 2011, or prior to the frst day of the frst payperiod following the enactment of the act that added thissubdivision if that act is enacted after April 1, 2011.

(d)(e) The Department of Personnel Administration shall annually

determine which classes meet the conditions described in thissection and are not classes specifed in Sections 20391, 20392,20393, and 20395, and report its fndings to the Legislature andto this system, to be effective July 1 of each year. An agency ordepartment shall not designate a classifcation as a state peaceoffcer/frefghter member classifcation pursuant to this sectionwithout prior approval from the Department of PersonnelAdministration.

(e)

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(f) Members who are reclassifed pursuant to this section mayfle an irrevocable election to remain subject to their priorretirement formula and the corresponding rate of contributions.The Secretary of the Department of Corrections and Rehabilitationmay, upon appointment to that offce on or after January 1, 1999,fle an irrevocable election to be subject to the industrial formula

and the corresponding rate of contributions. The elections shall befled within 90 days of notifcation by the board. Members whoso elect shall be subject to the reduced beneft factors specifed inSection 21353 or 21354.1, as applicable, only for the serviceincluded in the federal system.

SEC. 3. Section 68511.8 of the Government Code is amendedto read:

68511.8. (a) On or before December 1 of each year untilproject completion the completion and full implementation of theproject, the Judicial Council shall provide an annual status reportto the chairperson of the budget committee in each house of theLegislature and the chairperson of the Joint Legislative Budget

Committee with regard to the California Case Management Systemand Court Accounting and Reporting System. The report shallinclude, but is not limited to, all of the following:

(1) Project accomplishments to date.(2) Project activities underway.(3) Proposed activities.(4) Annual revenues and expenditures to date in support of these

projects, which shall include all costs for the Administrative Offceof the Courts and incremental court personnel, contracts, andhardware and software.

(b) On or before December 1 of each year until projectcompletion, the Administrative Offce of the Courts shall provide,on an annual basis to the chairperson of the budget committee ineach house of the Legislature and the chairperson of the JointLegislative Budget Committee, copies of any independent projectoversight report for the California Case Management System. Theindependent project oversight report shall include, but is not limitedto, a review and an assessment of project activities, identifcationof defciencies, and recommendations to the Administrative Offceof the Courts on how to address those defciencies. TheAdministrative Offce of the Courts shall include in the annual

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submission descriptions on actions taken to address identifeddefciencies.

(c) Within 18 months of fully implementing the California CaseManagement System and the Court Accounting and ReportingSystem projects, the Administrative Offce of the Courts shallprovide to the chairperson of the budget committee in each house

of the Legislature and the chairperson of the Joint LegislativeBudget Committee, a postimplementation evaluation report foreach project. The report shall include, but is not limited to, asummary of the project background, project results, and anassessment of the attainment of project objectives.

(d) From the amount of funds that the Judicial Council hasapproved for the development and implementation of the CaliforniaCase Management System (CCMS), the Administrative Offce ofthe Courts shall retain an independent consultant to review thesystem and produce a written independent assessment. Theindependent consultant who performs this independent assessmentshall be selected through a competitive process. The independent

assessment shall include, at a minimum, all of the following:(1) An evaluation of whether the appropriate software

development processes were used to develop the system.(2) A determination of whether the system was well designed,

based on generally accepted software development practices.(3) Testing of the system to detect potential aws in the systems

ability to perform as expected.(e) Prior to acceptance of the CCMS product from the

development vendor, and before deploying CCMS to any court,all of the following shall have occurred:

(1) The independent consultant shall provide the writtenindependent assessment to the Administrative Offce of the Courts.

(2) The Administrative Offce of the Courts shall provide a copyof the written independent assessment to each of the chairs andvice-chairs of the Senate Committee on Budget and Fiscal Reviewand the Assembly Committee on Budget no later than 10 days afterit receives the assessment from the independent consultant.

(f) Upon receiving the results of the independent assessment,the Administrative Offce of the Courts shall work with thedevelopment vendor to ensure that any aws, defects, or risksidentifed in the independent assessment are remedied during thewarranty period.

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SEC. 4. Section 77206 of the Government Code is amended toread:

77206. (a) Notwithstanding any other law, the Judicial Councilmay regulate the budget and fscal management of the trial courts.The Judicial Council, in consultation with the Controller, shallmaintain appropriate regulations for recordkeeping and accounting

by the courts. The Judicial Council shall seek to ensure, by theseprovisions, both of the following:

(1) That the fscal affairs of the trial courts are managedeffciently, effectively, and responsibly.

(2) That all moneys collected by the courts, including flingfees, fnes, forfeitures, and penalties, and all revenues andexpenditures relating to court operations are known.

The Judicial Council may delegate its authority under thissection, when appropriate, to the Administrative Director of theCourts.

(b) Regulations, rules, and reporting requirements adoptedpursuant to this chapter shall be exempt from review and approval

or other processing by the Offce of Administrative Law asprovided for in Chapter 3.5 (commencing with Section 11340) ofPart 1 of Division 3 of Title 2.

(c) The Controller, at the request of the Legislature, may performand publish fnancial and fscal compliance audits of the reportsof court revenues and expenditures. The Controller shall reportthe results of these audits to the Legislature and the JudicialCouncil.

(d) The Judicial Council shall provide for the transmission ofsummary information concerning court revenues and expendituresto the Controller.

(e) The Judicial Council shall adopt rules to provide forreasonable public access to budget allocation and expenditureinformation at the state and local levels.

(f) The Judicial Council shall adopt rules ensuring that, uponwritten request, the trial courts provide, in a timely manner,information relating to the administration of the courts, includingfnancial information and other information that affects the wages,hours, and working conditions of trial court employees.

(g) (1) The Judicial Council or its representatives may do anyof the following:

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(A) Inspect, review, and perform comprehensive oversight andanalysis of court fnancial records wherever they may be located.

(B) Investigate allegations of fnancial impropriety ormismanagement.

(2) The authority granted pursuant to this subdivision shall notsubstitute for, or conict with, the audits conducted pursuant to

subdivisions (h) and (i).(h) (1) Commencing not earlier than July 1, 2011, and not later

than December 15, 2012, the entity contracted with pursuant tosubdivision (j) shall establish a pilot program to audit six trialcourts. That entity shall select the trial courts using the followingcriteria:

(A) Two trial courts selected from counties with a populationof 200,000 or less.

(B) Two trial courts selected from counties with a populationgreater than 200,000 and less than 750,000.

(C) Two trial courts selected from counties with a populationof 750,000 or greater.

The audits shall be performed in accordance with generallyaccepted government auditing standards and shall determine thetrial courts compliance with governing statutes, rules, andregulations relating to the revenues, expenditures, and fundbalances of all material and signifcant funds, including stateGeneral Fund funds, funds generated from fees or fnes, federalfunds, grants, and any other funds within the trial courtsadministration or control. Pursuant to Section 19210 of the PublicContract Code, the audit shall also determine compliance withPart 2.5 (commencing with Section 19201) of Division 2 of thePublic Contract Code. The audits required by this section shall bein addition to any audit regularly conducted pursuant to any otherprovision of law.

(2) Based on the results of the pilot program audits describedin paragraph (1), the entity contracted with pursuant to subdivision(j) shall, on or before December 15, 2013, commence an audit ofthe trial courts, provided that every trial court is audited in themanner prescribed by this section at least once every four years.The audits shall be performed in accordance with generallyaccepted government auditing standards and shall determine thetrial courts compliance with governing statutes, rules, andregulations relating to the revenues, expenditures, and fund

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balances of all material and signifcant funds, including stateGeneral Fund funds, funds generated from fees or fnes, federalfunds, grants, or any other funds within the trial courtsadministration or control. Pursuant to Section 19210 of the PublicContract Code, the audit shall also determine compliance withPart 2.5 (commencing with Section 19201) of Division 2 of the

Public Contract Code. The audits required by this paragraph shallbe in addition to any audit regularly conducted pursuant to anyother provision of law.

(3) Notwithstanding Section 10231.5, the auditing entity shallcompile the trial court audit fndings and report the results of theseaudits to the Legislature, the Judicial Council, and the Departmentof Finance no later than April 1 of each year. An audit report shallnot be considered fnal until the audited entity is provided areasonable opportunity to respond and the response is includedwith, or incorporated into, the report.

(4) The reasonable and necessary contracted cost of the auditconducted pursuant to this subdivision shall be paid from funds

of the local trial court being audited.(i) (1) On or before December 15, 2013, and biennially

thereafter, the entity contracted with pursuant to subdivision (j)shall perform an audit of the Administrative Offce of the Courtsin accordance with generally accepted government auditingstandards and shall determine the Administrative Offce of theCourts compliance with governing statutes, rules, regulations,and policies relating to the revenues, expenditures, and fundbalances of all material and signifcant funds under theadministration, jurisdiction, or control of the Administrative Offceof the Courts. Pursuant to Section 19210 of the Public ContractCode, the audit shall also determine compliance of theAdministrative Offce of the Courts, the Habeas Corpus ResourceCenter, and the appellate courts with Part 2.5 (commencing withSection 19201) of Division 2 of the Public Contract Code.

(2) Notwithstanding Section 10231.5, the auditing entity shallprovide a copy of the fnal audit report of the Administrative Offceof the Courts to the Legislature, the Judicial Council, and theDepartment of Finance upon issuance. An audit report shall notbe considered fnal until the audited entity is provided a reasonableopportunity to respond and the response is included with, orincorporated into, the report.

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(3) Any reasonable and necessary contracted costs incurred bythe auditing entity pursuant to this subdivision shall be reimbursedby the Administrative Offce of the Courts.

(j) The Administrative Offce of the Courts shall contract withthe Controller to perform the audits described in subdivisions (h)and (i), unless either the Bureau of State Audits or the Department

of Finance demonstrates that it can perform the audits pursuant tothe same timeframes, scope, and methodology as the Controllerfor a cost that is less than that proposed by the Controller. In thatcase, the Administrative Offce of the Courts may contract withthe state entity named in this subdivision that is most cost effective.The Administrative Offce of the Courts shall provide writtennotifcation to the chairs of the Senate Committee on Budget andFiscal Review, the Assembly Committee on Budget, and the Senateand Assembly Committees on Judiciary, if the AdministrativeOffce of the Courts contracts with an entity other than theController. The contract period for any contract entered intopursuant to this section shall not exceed four years from the date

of commencement.(k) A report submitted pursuant to subdivision (h) or (i) shall

be submitted in compliance with Section 9795.SEC. 5. Section 830.2 of the Penal Code is amended to read:830.2. The following persons are peace offcers whose authority

extends to any place in the state:(a) Any member of the Department of the California Highway

Patrol including those members designated under subdivision (a)of Section 2250.1 of the Vehicle Code, provided that the primaryduty of the peace offcer is the enforcement of any law relating tothe use or operation of vehicles upon the highways, or lawspertaining to the provision of police services for the protection ofstate offcers, state properties, and the occupants of state properties,or both, as set forth in the Vehicle Code and Government Code.

(b) A member of the University of California Police Departmentappointed pursuant to Section 92600 of the Education Code,provided that the primary duty of the peace offcer shall be theenforcement of the law within the area specifed in Section 92600of the Education Code.

(c) A member of the California State University PoliceDepartments appointed pursuant to Section 89560 of the EducationCode, provided that the primary duty of the peace offcer shall be

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the enforcement of the law within the area specifed in Section89560 of the Education Code.

(d) (1) Any member of the Offce of Correctional Safety of theDepartment of Corrections and Rehabilitation, provided that theprimary duties of the peace offcer shall be the investigation orapprehension of inmates, wards, parolees, parole violators, or

escapees from state institutions, the transportation of those persons,the investigation of any violation of criminal law discovered whileperforming the usual and authorized duties of employment, andthe coordination of those activities with other criminal justiceagencies.

(2) Any member of the Offce of Internal Affairs of theDepartment of Corrections and Rehabilitation, provided that theprimary duties shall be criminal investigations of Department ofCorrections and Rehabilitation personnel and the coordination ofthose activities with other criminal justice agencies. For purposesof this subdivision, the member of the Offce of Internal Affairsshall possess certifcation from the Commission on Peace Offcer

Standards and Training for investigators, or have completedtraining pursuant to Section 6126.1 of the Penal Code.

(e) Employees of the Department of Fish and Game designatedby the director, provided that the primary duty of those peaceoffcers shall be the enforcement of the law as set forth in Section856 of the Fish and Game Code.

(f) Employees of the Department of Parks and Recreationdesignated by the director pursuant to Section 5008 of the PublicResources Code, provided that the primary duty of the peace offcershall be the enforcement of the law as set forth in Section 5008 ofthe Public Resources Code.

(g) The Director of Forestry and Fire Protection and employeesor classes of employees of the Department of Forestry and FireProtection designated by the director pursuant to Section 4156 ofthe Public Resources Code, provided that the primary duty of thepeace offcer shall be the enforcement of the law as that duty isset forth in Section 4156 of the Public Resources Code.

(h) Persons employed by the Department of Alcoholic BeverageControl for the enforcement of Division 9 (commencing withSection 23000) of the Business and Professions Code anddesignated by the Director of Alcoholic Beverage Control, providedthat the primary duty of any of these peace offcers shall be the

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enforcement of the laws relating to alcoholic beverages, as thatduty is set forth in Section 25755 of the Business and ProfessionsCode.

(i) Marshals and police appointed by the Board of Directors ofthe California Exposition and State Fair pursuant to Section 3332of the Food and Agricultural Code, provided that the primary duty

of the peace offcers shall be the enforcement of the law asprescribed in that section.

(j) The Inspector General, pursuant to Section 6125, and theChief Deputy Inspector General, Chief Assistant Inspector General,Deputy Inspector General In Charge, Senior Deputy InspectorGeneral, Deputy Inspector General, Senior Assistant InspectorGeneral, Special Assistant Inspector General, and those employeesEmployees of the Inspector General as designated by the InspectorGeneral are peace offcers, provided that the primary duty of thesepeace offcers shall be conducting audits of investigatory practicesand other audits, as well as conducting investigations, of theDepartment of Corrections and Rehabilitation, Division of Juvenile

Justice, and the Board of Parole Hearings.SEC. 6. Section 830.5 of the Penal Code, as amended by

Section 66 of Chapter 178 of the Statutes of 2010, is amended toread:

830.5. The following persons are peace offcers whose authorityextends to any place in the state while engaged in the performanceof the duties of their respective employment and for the purposeof carrying out the primary function of their employment or asrequired under Sections 8597, 8598, and 8617 of the GovernmentCode. Except as specifed in this section, these peace offcers maycarry frearms only if authorized and under those terms andconditions specifed by their employing agency:

(a) A parole offcer of the Department of Corrections or theDepartment of the Youth Authority and Rehabilitation, or theDepartment of Corrections and Rehabilitation, Division of JuvenileParole Operations, probation offcer, deputy probation offcer, ora board coordinating parole agent employed by the YouthfulOffender Parole Board Juvenile Parole Board. Except as otherwiseprovided in this subdivision, the authority of these parole orprobation offcers shall extend only as follows:

(1) To conditions of parole or of probation by any person in thisstate on parole or probation.

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(2) To the escape of any inmate or ward from a state or localinstitution.

(3) To the transportation of persons on parole or probation.(4) To violations of any penal provisions of law which are

discovered while performing the usual or authorized duties of hisor her employment.

(5) (A) To the rendering of mutual aid to any other lawenforcement agency.

For(B) Forthe purposes of this subdivision, parole agent shall

have the same meaning as parole offcer of the Department ofCorrections or of the Department of the Youth Authority andRehabilitation or of the Department of Corrections andRehabilitation, Division of Juvenile Justice.

Any(C) Any parole offcer of the Department of Corrections, the

Department of the Youth Authority, or the Youthful OffenderParole Board and Rehabilitation, or the Department of Corrections

and Rehabilitation, Division of Juvenile Parole Operations, isauthorized to carry frearms, but only as determined by the directoron a case-by-case or unit-by-unit basis and only under those termsand conditions specifed by the director or chairperson. TheDepartment of the Youth Authority Department of Correctionsand Rehabilitation, Division of Juvenile Justice, shall develop apolicy for arming peace offcers of the Department of the YouthAuthority Department of Corrections and Rehabilitation, Divisionof Juvenile Justice, who comprise high-risk transportation detailsor high-risk escape details no later than June 30, 1995. Thispolicy shall be implemented no later than December 31, 1995.

The Department of the Youth Authority(D) The Department of Corrections and Rehabilitation, Division

of Juvenile Justice, shall train and arm those peace offcers whocomprise tactical teams at each facility for use during high-riskescape details.

(b) A correctional offcer employed by the Department ofCorrections or any employee of the Department of the YouthAuthority and Rehabilitation, or of the Department of Correctionsand Rehabilitation, Division of Juvenile Justice, having custodyof wards or the Inspector General of the Youth and AdultCorrectional Agency or any internal affairs investigator under the

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authority of the Inspector General or any employee of theDepartment of Corrections and Rehabilitation designated by theDirector of Corrections secretary or any correctional counselorseries employee of the Department of Corrections andRehabilitation or any medical technical assistant series employeedesignated by the Director of Corrections secretary or designated

by the Director of Corrections secretary and employed by the StateDepartment of Mental Health or any employee of the Board ofPrison Terms Board of Parole Hearings designated by theSecretary of the Youth and Adult Correctional Agency secretaryor employee of the Department of the Youth Authority Departmentof Corrections and Rehabilitation, Division of Juvenile Justice,designated by the Director of the Youth Authority secretary orany superintendent, supervisor, or employee having custodialresponsibilities in an institution operated by a probationdepartment, or any transportation offcer of a probation department.

(c) The following persons may carry a frearm while not onduty: a parole offcer of the Department of Corrections or the

Department of the Youth Authority and Rehabilitation, or theDepartment of Corrections and Rehabilitation, Division of JuvenileJustice, a correctional offcer or correctional counselor employedby the Department of Corrections or any employee of theDepartment of the Youth Authority and Rehabilitation, or anemployee of the Department of Corrections and Rehabilitation,Division of Juvenile Justice, having custody of wards or anyemployee of the Department of Corrections and Rehabilitationdesignated by the Director of Corrections secretary. A paroleoffcer of the Youthful Offender Parole Board Juvenile ParoleBoard may carry a frearm while not on duty only when soauthorized by the chairperson of the board and only under theterms and conditions specifed by the chairperson. Nothing in thissection shall be interpreted to require licensure pursuant to Section25400. The director or chairperson may deny, suspend, or revokefor good cause a persons right to carry a frearm under thissubdivision. That person shall, upon request, receive a hearing, asprovided for in the negotiated grievance procedure between theexclusive employee representative and the Department ofCorrections, the Department of the Youth Authority, or theYouthful Offender Parole Board and Rehabilitation, Division of

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Juvenile Justice, or the Juvenile Parole Board, to review thedirectors or the chairpersons decision.

(d) Persons permitted to carryfrearms pursuant to this section,either on or off duty, shall meet the training requirements of Section832 and shall qualify with the frearm at least quarterly. It is theresponsibility of the individual offcer or designee to maintain his

or her eligibility to carry concealable frearms off duty. Failure tomaintain quarterly qualifcations by an offcer or designee withany concealable frearms carried off duty shall constitute goodcause to suspend or revoke that persons right to carry frearmsoff duty.

(e) The Department of Corrections and Rehabilitation shallallow reasonable access to its ranges for offcers and designees ofeither department to qualify to carry concealable frearms off duty.The time spent on the range for purposes of meeting thequalifcation requirements shall be the persons own time duringthe persons off-duty hours.

(f) The Director of Corrections secretary shall promulgate

regulations consistent with this section.(g) High-risk transportation details and high-risk escape

details as used in this section shall be determined by the Directorof the Youth Authority secretary, or his or her designee. Thedirector secretary, or his or her designee, shall consider at leastthe following in determining high-risk transportation details andhigh-risk escape details: protection of the public, protection ofoffcers, ight risk, and violence potential of the wards.

(h) Transportation detail as used in this section shall includetransportation of wards outside the facility, including, but notlimited to, court appearances, medical trips, and interfacilitytransfers.

SEC. 7. Section 6126.1 of the Penal Code is amended to read:6126.1. (a) The Inspector General shall establish a certifcation

program for peace offcers under the Inspector Generalsjurisdiction who are subject to Section 830.2. The peace offcertraining course shall be consistent with the standard courses utilizedby the Commission on Peace Offcer Standards and Training andother major investigative offces, such as county sheriff and citypolice departments and the Department of the California HighwayPatrol.

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(b) Beginning January 1, 1999, peace offcers under theInspector Generals jurisdiction conducting investigations for theOffce of the Inspector General shall complete investigationtraining consistent with standard courses utilized by other majorlaw enforcement investigative offces and be certifed within sixmonths of employment.

(c) Beginning January 1, 1999, all peace offcers under theInspector Generals jurisdiction shall successfully pass apsychological screening exam before becoming employed withthe Offce of the Inspector General.

SEC. 8. Section 1465.8 of the Penal Code, as amended bySection 33 of Chapter 720 of the Statutes of 2010, is amended toread:

1465.8. (a) (1) To ensure and maintain adequate funding forcourt security, a fee charge of forty dollars ($40) shall be imposedon every conviction for a criminal offense, including a traffcoffense, except parking offenses as defned in subdivision (i) ofSection 1463, involving a violation of a section of the Vehicle

Code or any local ordinance adopted pursuant to the Vehicle Code.(2) For the purposes of this section, conviction includes the

dismissal of a traffc violation on the condition that the defendantattend a court-ordered traffc violator school, as authorized bySections 41501 and 42005 of the Vehicle Code. This security feecharge shall be deposited in accordance with subdivision (d), andmay not be included with the fee calculated and distributedpursuant to Section 42007 of the Vehicle Code.

(b) This fee charge shall be in addition to the state penaltyassessed pursuant to Section 1464 and may not be included in thebase fne to calculate the state penalty assessment as specifed insubdivision (a) of Section 1464. The penalties authorized byChapter 12 (commencing with Section 76000) of Title 8 of theGovernment Code, and the state surcharge authorized by Section1465.7, do not apply to this fee charge.

(c) When bail is deposited for an offense to which this sectionapplies, and for which a court appearance is not necessary, theperson making the deposit shall also deposit a suffcient amountto include the fee charge prescribed by this section.

(d) Notwithstanding any other provision of law, the fees chargescollected pursuant to subdivision (a) shall all be deposited in aspecial account in the county treasury and transmitted therefrom

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monthly to the Controller for deposit in the Trial Court Trust Fund.The fees charges collected pursuant to this section shall not besubject to subdivision (e) of Section 1203.1d, but shall be disbursedunder subdivision (b) of Section 1203.1d.

(e) The Judicial Council shall provide for the administration ofthis section.

(f) This section shall remain in effect only until July 1, 20112013, and as of that date is repealed, unless a later enacted statute,that is enacted before July 1, 2011 2013, deletes or extends thatdate.

SEC. 9. Section 1465.8 of the Penal Code, as amended bySection 34 of Chapter 720 of the Statutes of 2010, is amended toread:

1465.8. (a) (1) To ensure and maintain adequate funding forcourt security, a fee charge of thirty dollars ($30) shall be imposedon every conviction for a criminal offense, including a traffcoffense, except parking offenses as defned in subdivision (i) ofSection 1463, involving a violation of a section of the Vehicle

Code or any local ordinance adopted pursuant to the Vehicle Code.(2) For the purposes of this section, conviction includes the

dismissal of a traffc violation on the condition that the defendantattend a court-ordered traffc violator school, as authorized bySections 41501 and 42005 of the Vehicle Code. This security feecharge shall be deposited in accordance with subdivision (d), andmay not be included with the fee calculated and distributedpursuant to Section 42007 of the Vehicle Code.

(b) This fee charge shall be in addition to the state penaltyassessed pursuant to Section 1464 and may not be included in thebase fne to calculate the state penalty assessment as specifed insubdivision (a) of Section 1464. The penalties authorized byChapter 12 (commencing with Section 76000) of Title 8 of theGovernment Code, and the state surcharge authorized by Section1465.7, do not apply to this fee charge.

(c) When bail is deposited for an offense to which this sectionapplies, and for which a court appearance is not necessary, theperson making the deposit shall also deposit a suffcient amountto include the fee charge prescribed by this section.

(d) Notwithstanding any other provision of law, the fees chargescollected pursuant to subdivision (a) shall all be deposited in a

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special account in the county treasury and transmitted therefrommonthly to the Controller for deposit in the Trial Court Trust Fund.


(f) This section shall become operative on July 1, 2011 2013.(g) This section shall become inoperative on July 1, 2013, and,

as of January 1, 2014, is repealed, unless a later enacted statute,that becomes operative on or before January 1, 2014, deletes orextends the dates on which it becomes inoperative and is repealed.

SEC. 10. Section 1465.8 of the Penal Code, as added by Section35 of Chapter 720 of the Statutes of 2010, is repealed.

1465.8. (a) (1) To ensure and maintain adequate funding forcourt security, a fee of twenty dollars ($20) shall be imposed onevery conviction for a criminal offense, including a traffc offense,except parking offenses as defned in subdivision (i) of Section1463, involving a violation of a section of the Vehicle Code orany local ordinance adopted pursuant to the Vehicle Code.

(2) For the purposes of this section, conviction includes the

dismissal of a traffc violation on the condition that the defendantattend a court-ordered traffc violator school, as authorized bySections 41501 and 42005 of the Vehicle Code. This security feeshall be deposited in accordance with subdivision (d), and maynot be included with the fee calculated and distributed pursuant toSection 42007 of the Vehicle Code.

(b) This fee shall be in addition to the state penalty assessedpursuant to Section 1464 and may not be included in the base fneto calculate the state penalty assessment as specifed in subdivision(a) of Section 1464. The penalties authorized by Chapter 12(commencing with Section 76000) of Title 8 of the GovernmentCode, and the state surcharge authorized by Section 1465.7, donot apply to this fee.

(c) When bail is deposited for an offense to which this sectionapplies, and for which a court appearance is not necessary, theperson making the deposit shall also deposit a suffcient amountto include the fee prescribed by this section.

(d) Notwithstanding any other provision of law, the feescollected pursuant to subdivision (a) shall all be deposited in aspecial account in the county treasury and transmitted therefrommonthly to the Controller for deposit in the Trial Court Trust Fund.

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(f) This section shall become operative on July 1, 2013.SEC. 11. Section 1051 of the Probate Code is amended to read:1051. (a) In the absence of a stipulation to the contrary between

parties who have fled pleadings in a proceeding under this code,

there shall be no ex parte communications between any party, orattorney for the party, and the court concerning a subject raised inthose pleadings, except as permitted or required by law.

(b) Notwithstanding subdivision (a), in any case upon whichthe court has exercised its jurisdiction, the court may refer to thecourt investigator or take other appropriate action in response toan ex parte communication regarding either or both of thefollowing: (1) a fduciary, as defned in Section 39, about thefduciarys performance of his or her duties and responsibilities,and (2) a person who is the subject of a conservatorship orguardianship proceeding under Division 4 (commencing withSection 1400). Any action by the court pursuant to this subdivision

shall be consistent with due process and the requirements of thiscode. The court shall disclose the ex parte communication to allparties and counsel. The court may, for good cause, dispense withthe disclosure if necessary to protect the ward or conservatee fromharm.

(c) The Judicial Council shall, on or before January 1, 2008,adopt a rule of court to implement this section.

(d) Subdivisions (a) and (b) of this section shall becomeoperative on January 1, 2008.

(e) A superior court shall not be required to perform any dutiesimposed by this section until the Legislature makes anappropriation identifed for this purpose.

SEC. 12. Section 1826 of the Probate Code is amended to read:1826. Regardless of whether the proposed conservatee attends

the hearing, the court investigator shall do all of the following:(a) Conduct the following interviews:(1) The proposed conservatee personally.(2) All petitioners and all proposed conservators who are not

petitioners.(3) The proposed conservatees spouse or registered domestic

partner and relatives within the frst degree. If the proposedconservatee does not have a spouse, registered domestic partner,

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or relatives within the frst degree, to the greatest extent possible,the proposed conservatees relatives within the second degree.

(4) To the greatest extent practical and taking into account theproposed conservatees wishes, the proposed conservatees relativeswithin the second degree not required to be interviewed underparagraph (3), neighbors, and, if known, close friends.

(b) Inform the proposed conservatee of the contents of thecitation, of the nature, purpose, and effect of the proceeding, andof the right of the proposed conservatee to oppose the proceeding,to attend the hearing, to have the matter of the establishment ofthe conservatorship tried by jury, to be represented by legal counselif the proposed conservatee so chooses, and to have legal counselappointed by the court if unable to retain legal counsel.

(c) Determine whether it appears that the proposed conservateeis unable to attend the hearing and, if able to attend, whether theproposed conservatee is willing to attend the hearing.

(d) Review the allegations of the petition as to why theappointment of the conservator is required and, in making his or

her determination, do the following:(1) Refer to the supplemental information form submitted by

the petitioner and consider the facts set forth in the form thataddress each of the categories specifed in paragraphs (1) to (5),inclusive, of subdivision (a) of Section 1821.

(2) Consider, to the extent practicable, whether he or shebelieves the proposed conservatee suffers from any of the mentalfunction defcits listed in subdivision (a) of Section 811 thatsignifcantly impairs the proposed conservatees ability tounderstand and appreciate the consequences of his or her actionsin connection with any of the functions described in subdivision(a) or (b) of Section 1801 and identify the observations that supportthat belief.

(e) Determine whether the proposed conservatee wishes tocontest the establishment of the conservatorship.

(f) Determine whether the proposed conservatee objects to theproposed conservator or prefers another person to act asconservator.

(g) Determine whether the proposed conservatee wishes to berepresented by legal counsel and, if so, whether the proposedconservatee has retained legal counsel and, if not, the name of anattorney the proposed conservatee wishes to retain.

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(h) Determine whether the proposed conservatee is capable ofcompleting an affdavit of voter registration.

(i) If the proposed conservatee has not retained legal counsel,determine whether the proposed conservatee desires the court toappoint legal counsel.

(j) Determine whether the appointment of legal counsel would

be helpful to the resolution of the matter or is necessary to protectthe interests of the proposed conservatee in any case where theproposed conservatee does not plan to retain legal counsel and hasnot requested the appointment of legal counsel by the court.

(k) Report to the court in writing, at least fve days before thehearing, concerning all of the foregoing, including the proposedconservatees express communications concerning both of thefollowing:

(1) Representation by legal counsel.(2) Whether the proposed conservatee is not willing to attend

the hearing, does not wish to contest the establishment of theconservatorship, and does not object to the proposed conservator

or prefer that another person act as conservator.(l) Mail, at least fve days before the hearing, a copy of the

report referred to in subdivision (k) to all of the following:(1) The attorney, if any, for the petitioner.(2) The attorney, if any, for the proposed conservatee.(3) The proposed conservatee.(4) The spouse, registered domestic partner, and relatives within

the frst degree of the proposed conservatee who are required tobe named in the petition for appointment of the conservator, unlessthe court determines that the mailing will result in harm to theconservatee.

(5) Any other persons as the court orders.(m) The court investigator has discretion to release the report

required by this section to the public conservator, interested publicagencies, and the long-term care ombudsman.

(n) The report required by this section is confdential and shallbe made available only to parties, persons described in subdivision(l), persons given notice of the petition who have requested thisreport or who have appeared in the proceedings, their attorneys,and the court. The court has discretion at any other time to releasethe report, if it would serve the interests of the conservatee. The

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clerk of the court shall provide for the limitation of the reportexclusively to persons entitled to its receipt.

(o) This section does not apply to a proposed conservatee whohas personally executed the petition for conservatorship, or onewho has nominated his or her own conservator, if he or she attendsthe hearing.

(p) If the court investigator has performed an investigationwithin the preceding six months and furnished a report thereon tothe court, the court may order, upon good cause shown, that anotherinvestigation is not necessary or that a more limited investigationmay be performed.

(q) Any investigation by the court investigator related to atemporary conservatorship also may be a part of the investigationfor the general petition for conservatorship, but the courtinvestigator shall make a second visit to the proposed conservateeand the report required by this section shall include the effect ofthe temporary conservatorship on the proposed conservatee.

(r) The Judicial Council shall, on or before January 1, 2009,

adopt rules of court and Judicial Council forms as necessary toimplement an expedited procedure to authorize, by court order, aproposed conservatees health care provider to disclose confdentialmedical information about the proposed conservatee to a courtinvestigator pursuant to federal medical information privacyregulations promulgated under the Health Insurance Portabilityand Accountability Act of 1996.

(s) A superior court shall not be required to perform any dutiesimposed pursuant to the amendments to this section enacted byChapter 493 of the Statutes 2006 until the Legislature makes anappropriation identifed for this purpose.

SEC. 13. Section 1850 of the Probate Code is amended to read:1850. (a) Except as provided in subdivision (b), each

conservatorship initiated pursuant to this part shall be reviewedby the court as follows:

(1) At the expiration of six months after the initial appointmentof the conservator, the court investigator shall visit the conservatee,conduct an investigation in accordance with the provisions ofsubdivision (a) of Section 1851, and report to the court regardingthe appropriateness of the conservatorship and whether theconservator is acting in the best interests of the conservateeregarding the conservatees placement, quality of care, including

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physical and mental treatment, and fnances. The court may, inresponse to the investigators report, take appropriate actionincluding, but not limited to:

(A) Ordering a review of the conservatorship pursuant tosubdivision (b).

(B) Ordering the conservator to submit an accounting pursuant

to subdivision (a) of Section 2620.(2) One year after the appointment of the conservator and

annually thereafter. However, at the review that occurs one yearafter the appointment of the conservator, and every subsequentreview conducted pursuant to this paragraph, the court may set thenext review in two years if the court determines that the conservatoris acting in the best interest interests of the conservatee. In thesecases, the court shall require the investigator to conduct aninvestigation pursuant to subdivision (a) of Section 1851 one yearbefore the next review and fle a status report in the conservateescourt fle regarding whether the conservatorship still appears tobe warranted and whether the conservator is acting in the best

interests of the conservatee. If the investigator determines pursuantto this investigation that the conservatorship still appears to bewarranted and that the conservator is acting in the best interestsof the conservatee regarding the conservatees placement, qualityof care, including physical and mental treatment, and fnances, nohearing or court action in response to the investigators report isrequired.

(b) The court may, on its own motion or upon request by anyinterested person, take appropriate action including, but not limitedto, ordering a review of the conservatorship, including at a noticedhearing, and ordering the conservator to present an accounting ofthe assets of the estate pursuant to Section 2620.

(c) Notice of a hearing pursuant to subdivision (b) shall beprovided to all persons listed in subdivision (b) of Section 1822.

(d) This chapter does not apply to either of the following:(1) A conservatorship for an absentee as defned in Section

1403.(2) A conservatorship of the estate for a nonresident of this state

where the conservatee is not present in this state.(e) The amendments made to this section by the act adding this

subdivision shall become operative on July 1, 2007.

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(f) A superior court shall not be required to perform any dutiesimposed pursuant to the amendments to this section enacted byChapter 493 of the Statutes 2006 until the Legislature makes anappropriation identifed for this purpose.

SEC. 14. Section 1850.5 of the Probate Code is amended toread:

1850.5. (a) Notwithstanding Section 1850, each limitedconservatorship for a developmentally disabled adult, as defnedin subdivision (d) of Section 1801, shall be reviewed by the courtone year after the appointment of the conservator and bienniallythereafter.

(b) The court may, on its own motion or upon request by anyinterested person, take appropriate action, including, but not limitedto, ordering a review of the limited conservatorship, including ata noticed hearing, at any time.

(c) A superior court shall not be required to perform any dutiesimposed by this section until the Legislature makes anappropriation identifed for this purpose.

SEC. 15. Section 1851 of the Probate Code is amended to read:1851. (a) When court review is required pursuant to Section

1850, the court investigator shall, without prior notice to theconservator except as ordered by the court for necessity or toprevent harm to the conservatee, visit the conservatee. The courtinvestigator shall inform the conservatee personally that theconservatee is under a conservatorship and shall give the name ofthe conservator to the conservatee. The court investigator shalldetermine whether the conservatee wishes to petition the court fortermination of the conservatorship, whether the conservatee is stillin need of the conservatorship, whether the present conservator isacting in the best interests of the conservatee, and whether theconservatee is capable of completing an affdavit of voterregistration. In determining whether the conservator is acting inthe best interests of the conservatee, the court investigatorsevaluation shall include an examination of the conservateesplacement, the quality of care, including physical and mentaltreatment, and the conservatees fnances. To the extent practicable,the investigator shall review the accounting with a conservateewho has suffcient capacity. To the greatest extent possible, thecourt investigator shall interview individuals set forth insubdivision (a) of Section 1826, in order to determine if the

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conservator is acting in the best interests of the conservatee. If thecourt has made an order under Chapter 4 (commencing withSection 1870), the court investigator shall determine whether thepresent condition of the conservatee is such that the terms of theorder should be modifed or the order revoked. Upon request ofthe court investigator, the conservator shall make available to the

court investigator during the investigation for inspection andcopying all books and records, including receipts and anyexpenditures, of the conservatorship.

(b) (1) The fndings of the court investigator, including thefacts upon which the fndings are based, shall be certifed in writingto the court not less than 15 days prior to the date of review. Acopy of the report shall be mailed to the conservator and to theattorneys of record for the conservator and conservatee at the sametime it is certifed to the court. A copy of the report, modifed asset forth in paragraph (2), also shall be mailed to the conservateesspouse or registered domestic partner, the conservatees relativesin the frst degree, and if there are no such relatives, to the next

closest relative, unless the court determines that the mailing willresult in harm to the conservatee.

(2) Confdential medical information and confdentialinformation from the California Law EnforcementTelecommunications System shall be in a separate attachment tothe report and shall not be provided in copies sent to theconservatees spouse or registered domestic partner, theconservatees relatives in the frst degree, and if there are no suchrelatives, to the next closest relative.

(c) In the case of a limited conservatee, the court investigatorshall make a recommendation regarding the continuation ortermination of the limited conservatorship.

(d) The court investigator may personally visit the conservatorand other persons as may be necessary to determine whether thepresent conservator is acting in the best interests of the conservatee.

(e) The report required by this section shall be confdential andshall be made available only to parties, persons described insubdivision (b), persons given notice of the petition who haverequested the report or who have appeared in the proceeding, theirattorneys, and the court. The court shall have discretion at anyother time to release the report if it would serve the interests ofthe conservatee. The clerk of the court shall make provision for

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limiting disclosure of the report exclusively to persons entitledthereto under this section.

(f) The amendments made to this section by the act adding thissubdivision shall become operative on July 1, 2007.

(g) A superior court shall not be required to perform any dutiesimposed pursuant to the amendments to this section enacted by

Chapter 493 of the Statutes 2006 until the Legislature makes anappropriation identifed for this purpose.

SEC. 16. Section 2250 of the Probate Code is amended to read:2250. (a) On or after the fling of a petition for appointment

of a guardian or conservator, any person entitled to petition forappointment of the guardian or conservator may fle a petition forappointment of:

(1) A temporary guardian of the person or estate or both.(2) A temporary conservator of the person or estate or both.(b) The petition shall state facts which establish good cause for

appointment of the temporary guardian or temporary conservator.The court, upon that petition or other showing as it may require,

may appoint a temporary guardian of the person or estate or both,or a temporary conservator of the person or estate or both, to servepending the fnal determination of the court upon the petition forthe appointment of the guardian or conservator.

(c) If the petitioner is a private professional conservator underSection 2341 or licensed under the Professional Fiduciaries Act,Chapter 6 (commencing with Section 6500) of Division 3 of theBusiness and Professions Code, the petition for appointment of atemporary conservator shall include both of the following:

(1) A statement of the petitioners registration or licenseinformation.

(2) A statement explaining who engaged the petitioner or howthe petitioner was engaged to fle the petition for appointment ofa temporary conservator and what prior relationship the petitionerhad with the proposed conservatee or the proposed conservateesfamily or friends, unless that information is included in a petitionfor appointment of a general conservator fled at the same time bythe person who fled the petition for appointment of a temporaryconservator.

(d) If the petition is fled by a party other than the proposedconservatee, the petition shall include a declaration of due diligenceshowing both of the following:

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(1) Either the efforts to fnd the proposed conservatees relativesnamed in the petition for appointment of a general conservator orwhy it was not feasible to contact any of them.

(2) Either the preferences of the proposed conservateeconcerning the appointment of a temporary conservator and theappointment of the proposed temporary conservator or why it was

not feasible to ascertain those preferences.(e) Unless the court for good cause otherwise orders, at least

fve court days before the hearing on the petition, notice of thehearing shall be given as follows:

(1) Notice of the hearing shall be personally delivered to theproposed ward if he or she is 12 years of age or older, to the parentor parents of the proposed ward, and to any person having a validvisitation order with the proposed ward that was effective at thetime of the fling of the petition. Notice of the hearing shall not bedelivered to the proposed ward if he or she is under 12 years ofage. In a proceeding for temporary guardianship of the person,evidence that a custodial parent has died or become incapacitated,

and that the petitioner is the nominee of the custodial parent, mayconstitute good cause for the court to order that this notice not bedelivered.

(2) Notice of the hearing shall be personally delivered to theproposed conservatee, and notice of the hearing shall be servedon the persons required to be named in the petition for appointmentof conservator. If the petition states that the petitioner and theproposed conservator have no prior relationship with the proposedconservatee and has not been nominated by a family member,friend, or other person with a relationship to the proposedconservatee, notice of hearing shall be served on the publicguardian of the county in which the petition is fled.

(3) A copy of the petition for temporary appointment shall beserved with the notice of hearing.

(f) If a temporary guardianship is granted ex parte and thehearing on the general guardianship petition is not to be held within30 days of the granting of the temporary guardianship, the courtshall set a hearing within 30 days to reconsider the temporaryguardianship. Notice of the hearing for reconsideration of thetemporary guardianship shall be provided pursuant to Section1511, except that the court may for good cause shorten the timefor the notice of the hearing.

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(g) Visitation orders with the proposed ward granted prior tothe fling of a petition for temporary guardianship shall remain ineffect, unless for good cause the court orders otherwise.

(h) (1) If a temporary conservatorship is granted ex parte, anda petition to terminate the temporary conservatorship isfled morethan 15 days before the frst hearing on the general petition for

appointment of conservator, the court shall set a hearing within15 days of the fling of the petition for termination of the temporaryconservatorship to reconsider the temporary conservatorship.Unless the court otherwise orders, notice of the hearing on thepetition to terminate the temporary conservatorship shall be givenat least 10 days prior to the hearing.

(2) If a petition to terminate the temporary conservatorship isfled within 15 days before the frst hearing on the general petitionfor appointment of conservator, the court shall set the hearing atthe same time that the hearing on the general petition is set. Unlessthe court otherwise orders, notice of the hearing on the petition toterminate the temporary conservatorship pursuant to this section

shall be given at least fve court days prior to the hearing.(i) If the court suspends powers of the guardian or conservator

under Section 2334 or 2654 or under any other provision of thisdivision, the court may appoint a temporary guardian or conservatorto exercise those powers until the powers are restored to theguardian or conservator or a new guardian or conservator isappointed.

(j) If for any reason a vacancy occurs in the offce of guardianor conservator, the court, on a petition fled under subdivision (a)or on its own motion, may appoint a temporary guardian orconservator to exercise the powers of the guardian or conservatoruntil a new guardian or conservator is appointed.

(k) On or before January 1, 2008, the Judicial Council shalladopt a rule of court that establishes uniform standards for goodcause exceptions to the notice required by subdivision (e), limitingthose exceptions to only cases when waiver of the notice isessential to protect the proposed conservatee or ward, or the estateof the proposed conservatee or ward, from substantial harm.

(l) A superior court shall not be required to perform any dutiesimposed pursuant to the amendments to this section enacted byChapter 493 of the Statutes 2006 until the Legislature makes anappropriation identifed for this purpose.

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2250.4. The proposed temporary conservatee shall attend thehearing except in the following cases:

(a) If the proposed temporary conservatee is out of the statewhen served and is not the petitioner.

(b) If the proposed temporary conservatee is unable to attendthe hearing by reason of medical inability.

(c) If the court investigator has visited the proposed conservateeprior to the hearing and the court investigator has reported to thecourt that the proposed temporary conservatee has expresslycommunicated that all of the following apply:

(1) The proposed conservatee is not willing to attend the hearing.(2) The proposed conservatee does not wish to contest the

establishment of the temporary conservatorship.(3) The proposed conservatee does not object to the proposed

temporary conservator or prefer that another person act astemporary conservator.

(d) If the court determines that the proposed conservatee isunable or unwilling to attend the hearing, and holding the hearingin the absence of the proposed conservatee is necessary to protectthe conservatee from substantial harm.



2250.6. (a) Regardless of whether the proposed temporaryconservatee attends the hearing, the court investigator shall do allof the following prior to the hearing, unless it is not feasible to doso, in which case the court investigator shall comply with therequirements set forth in subdivision (b):

(1) Interview the proposed conservatee personally. The courtinvestigator also shall do all of the following:

(A) Interview the petitioner and the proposed conservator, ifdifferent from the petitioner.

(B) To the greatest extent possible, interview the proposedconservatees spouse or registered domestic partner, relativeswithin the frst degree, neighbors and, if known, close friends.

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(C) To the extent possible, interview the proposed conservateesrelatives within the second degree as set forth in subdivision (b)of Section 1821 before the hearing.

(2) Inform the proposed conservatee of the contents of thecitation, of the nature, purpose, and effect of the temporaryconservatorship, and of the right of the proposed conservatee to

oppose the proceeding, to attend the hearing, to have the matterof the establishment of the conservatorship tried by jury, to berepresented by legal counsel if the proposed conservatee sochooses, and to have legal counsel appointed by the court if unableto retain legal counsel.

(3) Determine whether it appears that the proposed conservateeis unable to attend the hearing and, if able to attend, whether theproposed conservatee is willing to attend the hearing.

(4) Determine whether the proposed conservatee wishes tocontest the establishment of the conservatorship.

(5) Determine whether the proposed conservatee objects to theproposed conservator or prefers another person to act as

conservator.(6) Report to the court, in writing, concerning all of the

foregoing.(b) If not feasible before the hearing, the court investigator shall

do all of the following within two court days after the hearing:(1) Interview the conservatee personally. The court investigator

also shall do all of the following:(A) Interview the petitioner and the proposed conservator, if

different from the petitioner.(B) To the greatest extent possible, interview the proposed

conservatees spouse or registered domestic partner, relativeswithin the frst degree, neighbors and, if known, close friends.

(C) To the extent possible, interview the proposed conservateesrelatives within the second degree as set forth in subdivision (b)of Section 1821.

(2) Inform the conservatee of the nature, purpose, and effect ofthe temporary conservatorship, as well as the right of theconservatee to oppose the proposed general conservatorship, toattend the hearing, to have the matter of the establishment of theconservatorship tried by jury, to be represented by legal counselif the proposed conservatee so chooses, and to have legal counselappointed by the court if unable to retain legal counsel.

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(c) If the investigator does not visit the conservatee until afterthe hearing at which a temporary conservator was appointed, andthe conservatee objects to the appointment of the temporaryconservator, or requests an attorney, the court investigator shallreport this information promptly, and in no event more than threecourt days later, to the court. Upon receipt of that information, the

court may proceed with appointment of an attorney as providedin Chapter 4 (commencing with Section 1470) of Part 1.

(d) If it appears to the court investigator that the temporaryconservatorship is inappropriate, the court investigator shallimmediately, and in no event more than two court days later,provide a written report to the court so the court can consider takingappropriate action on its own motion.


SEC. 19. Section 2253 of the Probate Code is amended to read:2253. (a) If a temporary conservator of the person proposes

to fx the residence of the conservatee at a place other than thatwhere the conservatee resided prior to the commencement of theproceedings, that power shall be requested of the court in writing,unless the change of residence is required of the conservatee by aprior court order. The request shall be fled with the petition fortemporary conservatorship or, if a temporary conservatorship hasalready been established, separately. The request shall specify inparticular the place to which the temporary conservator proposesto move the conservatee, and the precise reasons why it is believedthat the conservatee will suffer irreparable harm if the change ofresidence is not permitted, and why no means less restrictive ofthe conservatees liberty will suffce to prevent that harm.

(b) Unless the court for good cause orders otherwise, the courtinvestigator shall do all of the following:

(1) Interview the conservatee personally.(2) Inform the conservatee of the nature, purpose, and effect of

the request made under subdivision (a), and of the right of theconservatee to oppose the request, attend the hearing, berepresented by legal counsel if the conservatee so chooses, and tohave legal counsel appointed by the court if unable to obtain legalcounsel.

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(3) Determine whether the conservatee is unable to attend thehearing because of medical inability and, if able to attend, whetherthe conservatee is willing to attend the hearing.

(4) Determine whether the conservatee wishes to oppose therequest.

(5) Determine whether the conservatee wishes to be represented

by legal counsel at the hearing and, if so, whether the conservateehas retained legal counsel and, if not, the name of an attorney theproposed conservatee wishes to retain or whether the conservateedesires the court to appoint legal counsel.

(6) If the conservatee does not plan to retain legal counsel andhas not requested the appointment of legal counsel by the court,determine whether the appointment of legal counsel would behelpful to the resolution of the matter or is necessary to protect theinterests of the conservatee.

(7) Determine whether the proposed change of place of residenceis required to prevent irreparable harm to the conservatee andwhether no means less restrictive of the conservatees liberty will

suffce to prevent that harm.(8) Report to the court in writing, at least two days before the

hearing, concerning all of the foregoing, including theconservatees express communications concerning representationby legal counsel and whether the conservatee is not willing toattend the hearing and does not wish to oppose the request.

(c) Within seven days of the date of fling of a temporaryconservators request to remove the conservatee from his or herprevious place of residence, the court shall hold a hearing on therequest.

(d) The conservatee shall be present at the hearing except in thefollowing cases:

(1) Where the conservatee is unable to attend the hearing byreason of medical inability. Em

ab_102_administration of justice

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