SECTION 1 TITLE
This measure shall be known and may be cited as “the Public Safety and Rehabilitation Act of 2016.”
SEC. 2. PURPOSE AND INTENT
In enacting this Act, it is the purpose and intent of the people of the State of California to:
1. Protect and enhance public safety.
2. Save money by reducing wasteful spending on prisons.
3. Prevent federal courts from indiscriminately releasing pris-oners.
4. Stop the revolving door of crime by emphasizing rehabili-tation, especially for juveniles.
5. Require a judge, not a pros-ecutor, to decide whether ju-veniles should be tried in adult court.
SEC. 3. SECTION 32 IS ADDED TO ARTICLE I OF THE CALIFORNIA CONSTITUTION, TO READ
SEC. 32. (a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of Prisoners by federal court order, notwithstanding anything in this article or any other provision of law.
(1) Parole consideration: Any person convicted of a non-vi-olent felony offense and sen-tenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.
(A) For purpose of this section only, the full term for the pri-mary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sen-tence, or alternative sentence.
(2) Credit Earning: The De-partment of Corrections and Re-habilitation shall have authority to award credits earned for good behavior and approved rehabili-tative or educational achieve-ments.
(b) The Department of Cor-rections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Sec-retary of the Department of Cor-rections and Rehabilitations shall certify that these regulations protect and enhance public safety.
SEC. 4. JUDICIAL TRANSFER PROCESS
Section 602 and 707 of the Welfare and Institutions Code are hereby amended.
Sections 602 of the Wel-fare and Institutions Code are amended to read:
602. Except as provided in Sections 707, any person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the ju-venile court, which may adjudge person to be a ward of the court.
Section 707 of the Welfare and Institutions Code is amend-ed to read:
707. (a)(I) In any case in which a minor is alleged to be a person described in Section 602 by rea-son of the violation, when he or she was 16 years of age or older, of any felony criminal statue, or of an offense listed in subdivi-sion (b) when he or she was 14 or 15 years of age, the District Attorney or other appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a court of criminal jurisdiction. The mo-tion must be made prior to the attachment of jeopardy. Upon such motion the juvenile, court shall order the probation officer to submit a report on the behav-ioral patterns and social history of the minor. The report shall include any written or oral state-ment offered by the victim pur-suant to Section 656.2.
(2) Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor should be transferred to a court of criminal jurisdiction. In making its decision, the court shall consider the criteria speci-fied in subparagraphs (A) to (E) below. If the court orders a transfer of jurisdiction, the court shall recite the basis for its deci-sion in an order entered upon the minutes. In any case in which a hearing has been noticed pursu-ant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the transfer hearing, and no plea that may have been entered already shall constitute evidence at the hearing.
(A)(i) The degree of the crim-inal sophistication exhibited by a minor.
(ii) When evaluating the cri-terion specified in clause (i) the juvenile court may give weight to any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual ca-pacity, and physical, mental, and emotional health at the time of the alleged offense, the minor’s impetuosity or failure to appre-ciate risks and consequences of criminal behavioral, the effect of familial, adult, or peer pres-sure on the minor’s actions, and the effect of the minor’s fam-ily and community environment and childhood trauma on the mi-nor’s criminal sophistication.
(B)(i) Whether the minor can be rehabilitated prior to the ex-piration of the juvenile court’s jurisdiction.
(ii) When evaluating the cri-terion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature.
(C)(i) The minor’s previous delinquent history.
(ii) When evaluating the cri-terion specified in clause (i) the juvenile court may give weight to any relevant factor, including, but not limited to, the serious-ness of the minor’s previous de-linquent history and the effect of the minor’s family and commu-nity environment and childhood trauma on the minor’s previous delinquent behavior.
(D)(i) Success of previous at-tempts by the juvenile court to rehabilitate the minor.
(ii) When evaluating the cri-terion specified in clause (i), the juvenile court may give weight to any relevant factor, includ-ing, but not limited to, the ade-quacy of the services previously provided to address to minor’s needs
(E)(i) The circumstances and gravity of the offense alleged in the petition to have been com-mitted by the minor.
(ii) When evaluating the cri-terion specified in cause (i), the juvenile court my give weight to any relevant factor, includ-ing but not limited to, the actual behavior of the person, the men-tal state of person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development.
(b) Subdivision (a) shall be ap-plicable in any case in which a minor is alleged to be a person described in Section 602 by rea-son of the violation of one the following offenses when he or she was 14 or 15 years of age:
(2) Arson, as provided in sub-division (a) or (b) of section 451 of penal Code.
(4) Rape with force, violence, or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8) An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purpose of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destruction device.
(14) Assault by any means or force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) An offense described in Section 1203.09 of the Penal Code.
(17) An offense described in Section 2022.5 or 12022.53 of the Penal Code.
(18) A felony offense in which the minor personally used a weapon described in any provi-sion listed in Section 16590 of the Penal Code.
(19) A felony offense de-scribed in Section 136.1 or 137 of the Penal Code.
(20) Manufacturing, com-pounding, or selling one-half ounce or more of a salt or solu-tion of a controlled substance specified in subdivision (c) of section 11055 of the health and safety code.
(21) A violent felony, as de-fined in subdivision (c) of sec-tion 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Pe-nal Code.
(22) Escape, by the use of force or violence, from a county juve-nile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intention-ally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23) Torture as de-scribed in Section 206 and 206.1 of the Penal Code.
(24) Aggravated mayhem, as described in section 205 of the Penal Code.
(25) Carjacking, as described in section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27) Kidnapping as punish-able in Section 209.5.
(28) The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
SEC. 5. AMENDMENT
This Act shall be broadly con-strued to accomplish its purpos-es. The provisions of section 4 of this measure may be amended so long as such amendments are consistent with and further the intent of this Act by a statute that is passed by a majority vote of the members of each house of the Legislature and signed by the Governor.
SEC. 6. SEVERABILITY
If any provision of this mea-sure, or part of this measure, or the application of any provision or part to any person or circum-stances, is for any reason held to be invalid, the remaining provi-sions, or applications of provi-sions, shall not be affected, but shall remain in full force and effect, and to this end the provi-sions of this measure are sever-able.
SEC. 7. CONFLICTING INITIATIVES
(a) In the event that this mea-sure and another measure ad-dressing credits and parole eligi-bility for state prisoners or adult court prosecution for juvenile defendants shall appear on the statewide ballot, the provisions of the other measure or mea-sures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provi-sions of this measure shall pre-vail in their entirety, and the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting mea-sure approved by voters at the same election, and the conflict-ing ballot measure is later held invalid, this measure shall be self-executing and given full force and effect.
SEC. 8. PROPONENT STANDING
Notwithstanding any other provision of law, if the State, government agency, or any of its officials fail to defend the consti-tutionality of this act, following its approval by the voters, any other government employer, the proponent, or in their absence, any citizen of this State shall have the authority to intervene in any court action challenging the constitutionality of this act for the purpose of defending its constitutionality, whether such action is in any trial court, on ap-peal, or on discretionary review by the Supreme court of Califor-nia and/or the Supreme Court of the United States. The reason-able fees and costs of defending the action shall be a charge on funds appropriated to the De-partment of Justice, which shall be satisfied promptly.
SEC. 9. LIBERAL CONSTRUCTION
This Act shall be liberally construed to effectuate its pur-poses.