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

SECTION 1.
Section 1027 of the Penal Code is amended to read:
1027.
(a) When a defendant pleads not guilty by reason of insanity the court shall
select and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders,
appoint an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code
to examine the defendant and investigate his or her mental status. It is the duty of the
psychiatrists or psychologists selected and appointed
evaluation panel
to make the examination and investigation, and to testify, whenever summoned, in any proceeding in which the sanity of the defendant is in question. The
psychiatrists or psychologists appointed by the court
members of the evaluation panel
shall be allowed, in addition to their actual traveling expenses, those fees that in the discretion of the court seem just and reasonable, having regard to the services rendered by the witnesses. The fees allowed shall be paid by the county where the indictment was found or in which the defendant was held for
trial.
trial to the State Department of State Hospitals.
(b) Any report on the examination and investigation made pursuant to subdivision (a) shall include, but not be limited to, the psychological history of the defendant, the facts surrounding the commission of the acts forming the basis for the present charge used by the
psychiatrist or psychologist
evaluation panel
in making
his or her
the panel’s
examination of the defendant, the present psychological or psychiatric symptoms of the defendant, if any, the substance abuse history of the defendant, the substance use history of the defendant on the day of the offense, a review of the police report for the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense.
(c) This section does not presume that
a psychiatrist or psychologist
an evaluation panel
can determine whether a defendant was sane or insane at the time of the alleged offense. This section does not limit a court’s discretion to admit or exclude, pursuant to the Evidence Code, psychiatric or psychological evidence about the defendant’s state of mind or mental or emotional condition at the time of the alleged offense.
(d) Nothing contained in this section shall be deemed or construed to prevent any party to any criminal action from producing any other expert evidence with respect to the mental status of the defendant. If expert witnesses are called by the district attorney in the action, they shall only be entitled to those witness fees as may be allowed by the court.
(e)
Any psychiatrist or psychologist
The members of an evaluation panel
appointed by the court may be called by either party to the action or by the court, and shall be subject to all legal objections as to competency and bias and as to qualifications as an expert. When called by the court or by either party to the action, the court may examine the
psychiatrist or psychologist,
members of the evaluation panel,
as deemed necessary, but either party shall have the same right to object to the questions asked by the court and the evidence adduced as though the
psychiatrist or psychologist
members of the panel
were
a witness
witnesses
for the adverse party. When
a member of
the
psychiatrist or psychologist
panel
is called and examined by the court, the parties may cross-examine him or her in the order directed by the court. When called by either party to the action, the adverse party may examine him or her the same as in the case of any other witness called by the party.
SEC. 2.
Section 1369 of the Penal Code is amended to read:
1369.
Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order:
(a) The court shall appoint
a psychiatrist or licensed psychologist,
an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code,
and any other expert
with forensic experience
the court may deem appropriate, to examine the defendant. In any case
where
in which
the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the
court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the
defense and
one may be named by the prosecution.
defense and the prosecution shall each confer with the State Department of State Hospitals regarding the selection of the panelists.
The examining
psychiatrists or licensed psychologists
panelists
shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining
psychologist
panelist
is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the
psychologist
panelist
shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining
psychiatrists or licensed psychologists
panelists
shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital.
The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment.
(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence.
(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so.
(c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence.
(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention.
(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury.
(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous.
(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole.
SEC. 3.
Section 7233 is added to the Welfare and Institutions Code, to read:
7233.
(a) The State Department of State Hospitals shall establish a pool of psychiatrists and psychologists with forensic skills who are employees of the department from which evaluation panels shall be created pursuant to subdivision (b).
(b) The department shall create evaluation panels with each panel consisting of three to five forensic psychiatrists or psychologists from the pool created in subdivision (a).


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

SECTION 1.
Section 49475.5 is added to the Education Code, to read:
49475.5.
(a) The Neurocognitive Testing Pilot Grant Program is hereby established to provide grant funding to Title I schools for the purposes of neurocognitive testing.
(b) The Superintendent shall establish an application process for school districts to apply on behalf of Title I schools interested in participating in the pilot program. Grants shall be apportioned under the pilot program to a total of three school districts, which shall comprise one school district in each of the following regions of the state: southern, central, and northern. Each school district shall commit to participating in the pilot program for four school years in order to track pupils tested in grade 9 through completion of high school. Grant funding shall be used for the following:
(1) (A) Baseline and postinjury neurocognitive testing of pupils attending a Title I school serving any of grades 9 to 12, inclusive, participating in interscholastic athletics in any of the following sports:
(i) Baseball.
(ii) Basketball.
(iii) Cheerleading.
(iv) Field hockey.
(v) Football.
(vi) Ice hockey.
(vii) Lacrosse.
(viii) Rugby.
(ix) Soccer.
(x) Softball.
(xi) Volleyball.
(xii) Wrestling.
(B) The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall take place at the beginning of an athletic season before any competitions have taken place and after any head injury, and baseline testing shall be repeated at intervals not exceeding 24 months for as long as the athlete is enrolled at the school, provided that the athlete is still participating in one or more of the 12 sports listed in subparagraph (A). The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall be administered by individuals who have been trained to administer these tests. These individuals may include, but are not necessarily limited to, employees of a participating school district.
(2) Postinjury neurocognitive testing of an athlete who is suspected of sustaining a concussion or head injury in an interscholastic athletic activity. Postinjury neurocognitive tests shall be conducted within 72 hours of the occurrence of the injury.
(3) Training of personnel or to consult with experts on the interpretation of postinjury test results. The parent or guardian of each athlete participating in any of the sports listed in paragraph (1) shall also be notified, in writing, that the results of baseline and postinjury neurocognitive testing conducted on his or her child are available to the child’s parent or guardian upon request. These neurocognitive testing results may also be shared with the athlete’s physician upon the request of the athlete’s parent or guardian.
(4) Reporting to the county office of education data that includes an overview of the baseline neurocognitive testing conducted for each of the sports listed in paragraph (1), and an overview of normal, abnormal, and followup postinjury neurocognitive tests. The data shall also include the number of athletes who discontinue participation in the sport following a concussion and postinjury testing.
(c) For purposes of this section, “neurocognitive testing” means a comprehensive evaluation of a person’s cognitive status by specific neurologic domains, including, but not necessarily limited to, memory, attention, problem solving, language, visuospatial, processing speed, motor, and emotion.
(d) (1) The department shall, based on the data collected by the county offices of education located in the area of participating school districts, prepare a report including, but not necessarily limited to, all of the following information:
(A) The number of athletes who received the baseline tests.
(B) The number of athletes who received the postinjury tests.
(C) The number of athletes who had taken the tests and discontinued participation in any of the sports set forth in subdivision (b) due to concussion injuries.
(2) The report prepared pursuant to this subdivision shall be submitted to the appropriate policy committees of the Legislature on or before December 31, 2021, and shall comply with Section 9795 of the Government Code.
(e) This section is contingent upon the appropriation of funds for its purposes in the annual Budget Act or another statute.
(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.
Section 49475.6 is added to the Education Code, to read:
49475.6.
A school district, charter school, or private school that elects to offer an interscholastic athletic program shall collect and maintain data on traumatic brain injuries and concussions sustained by any of its pupils during an interscholastic athletic activity. This data shall be reported periodically to the appropriate county office of education, but the names of the injured pupils shall be kept confidential. The county office of education shall compile and retain the data for summary and analysis as it deems necessary.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The issue of corruption in small charter cities across the state is an increasing and alarming trend, with no signs of slowing or stopping.
(b) Small charter cities such as the City of Vernon, the City of Bell, and the City of Industry have long histories of abuses of power within city limits, going back decades. Those abuses include inflated salaries for city officials, failing to establish minimum qualifications for key positions, fiscally risky bond issuances, misappropriation of public funds, city officials issuing loans to themselves, failure to plan basic municipal responsibilities such as energy purchases according to best practices, incorrectly classifying employees to obtain higher, unearned retirement benefits, forcing employees to work at will for the city council, buying residential properties and renting them at below-market rents to city workers, inadequate and self-serving contracting policies, routine violations of conflict-of-interest policies, and little or no restrictions on city-issued credit cards.
(c) The voter base in small charter cities is tightly managed by city officials. The housing units within these cities are controlled by city leaders and rented out to handpicked tenants at below-market cost, thus keeping the voter base indebted to those in power. Efforts to broaden the homeowning population have met with resistance from city leaders, with officials in one city cutting power to new residents in an effort to force them from their homes.
(d) Criminal charges have also been filed in some instances, furthering the notion that these cities should not govern themselves. Voter fraud, conspiracy, and misappropriation of public funds are some of the charges that have been investigated, and are still being investigated, in some cases.
(e) This corruption has taken a toll on voter trust, citizen confidence, and taxpayer funds.
(f) In January 2016, an audit was released by the Controller highlighting the lack of administrative and internal accounting controls. Out of the 79 control elements evaluated by the Controller, 85 percent was found to be inadequate. Of the ethical components evaluated, none were found to be adequate.
(g) Historically, cities with small population size were not authorized to adopt a charter for local governance. However, in 1970, the Constitution was amended to authorize any city to adopt a charter. Since then, California’s citizens have seen one after another small charter city become mired in corruption and the leaders of these cities enrich themselves at the expense of the California taxpayer. Ensuring that our citizens, no matter where they live, have an open, honest, and transparent government is a matter of statewide concern, and not a municipal affair, and as a result the Legislature has the authority and the responsibility to impose heightened governing requirements. Therefore, the Legislature finds and declares that the provisions of this act are not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but are instead a matter of statewide concern.
SEC. 2.
Section 34096 is added to the Government Code, to read:
34096.
Notwithstanding any other law, all of the following shall apply to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992:
(a) No more than 5 percent of the city’s total city-owned housing may be occupied by any of the following persons:
(1) Employees or officers of the city, including the family of employees or officers of the city.
(2) Persons that contract with the city, including employees of persons or companies that contract with the city, and including the family of persons who contract with the city and the family of employees of persons or companies that contract with the city.
(b) The city shall make an annual disclosure of all property owned by the city, wherever that property is situated.
(c) The city shall conduct an annual audit that utilizes internal control components and elements based on the guidelines established by the Government Accountability Office’s Internal Control Management and Evaluation Tool. The city shall substantially comply with those guidelines.
(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 3.
Section 36516.7 is added to the Government Code, to read:
36516.7.
(a) Notwithstanding any other law, the compensation for service on the city council of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, shall not exceed $1,000 per month.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 4.
Section 1100.8 is added to the Public Contract Code, to read:
1100.8.
(a) Notwithstanding Section 1100.7, this code shall apply to contracts entered into by a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, including, but not limited to, contracts for the provision of waste collection and management services.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC.
5.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the concerns related to the governance of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992.
SEC. 6.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.
Section 34450 of the
Government Code
is amended to read:
34450.
Any city or city and county may enact, amend, or repeal a charter for its own government pursuant to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code.


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

SECTION 1.
Article 2 (commencing with Section 18706) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:
Article  2. Special Olympics Fund
18706.
(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Special Olympics Fund established by Section 18707 to be used by the Special Olympics Northern California and the Special Olympics Southern California.
(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return.
(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made.
(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Special Olympics Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of the Special Olympics Northern California and the Special Olympics Southern California in support of children and adults with intellectual disabilities.
(2) Notwithstanding paragraph (1), a voluntary contribution designation for the Special Olympics Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first.
(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a).
18707.
There is hereby established in the State Treasury the Special Olympics Fund to receive contributions made pursuant to Section 18706. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18706 to be transferred to the Special Olympics Fund. The Controller shall transfer from the Personal Income Tax Fund to the Special Olympics Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18706 for payment into that fund.
18708.
All moneys transferred to the Special Olympics Fund pursuant to Section 18707, upon appropriation by the Legislature, shall be allocated as follows:
(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article.
(b) To the State Department of Social Services where the balance shall be disbursed between the Special Olympics Northern California and the Special Olympics Southern California based on the amount of donations provided by taxpayers in each organization’s jurisdiction based on the county of the taxpayer contributing, for the purpose of supporting children and adults with intellectual disabilities. The State Department of Social Services shall be responsible for overseeing that disbursement and may use up to 3 percent of the moneys allocated to it for administrative costs. The Special Olympics Northern California and the Special Olympics Southern California shall not use the moneys received pursuant to this article for administrative costs.
(c) The Special Olympics Northern California and the Special Olympics Southern California shall annually provide a report to the State Department of Social Services that includes documentation that the moneys disbursed to each organization pursuant to this section were not used for administrative costs nor for any purposes outside of California and that describes in narrative form the amount of moneys received pursuant to this section and the purposes for which the moneys were expended.
18709.
(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Special Olympics Fund on the personal income tax return, and is repealed as of December 1 of that year.
(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Special Olympics Fund appears on the tax return, the Franchise Tax Board shall do both of the following:
(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year.
(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year.
(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Special Olympics Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with the third calendar year after the first appearance of the Special Olympics Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.


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

SECTION 1.
This act shall be known and may be cited as the Hospital Executive Compensation Transparency Act of 2016.
SEC. 2.
The Legislature finds and declares all of the following:
(a) The public has a direct and immediate interest in ensuring its money is spent efficiently and wisely. Through direct cash payments and exemptions from paying taxes, nonprofit hospitals receive billions in taxpayer funds.
(b) The compensation packages of chief executive officers, executives, managers, and administrators of hospitals, hospital groups, and affiliated medical entities that operate under nonprofit corporate status are often excessive, unnecessary, and inconsistent with the corporations’ charitable purposes, as revealed by compensation surveys and other sources.
(c) Payment of excessive compensation to executives, managers, and administrators undermines the purposes of nonprofit corporations because it results in fewer funds being available for their charitable purposes, and it is often the case that the hospitals, hospital groups, and affiliated medical entities that pay the most excessive compensation also provide less charitable care than comparable institutions that pay reasonable compensation to their executives, managers, and administrators.
(d) Existing requirements of law do not adequately ensure that assets held for charitable purposes are not instead used to enrich executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities through payment of excessive compensation.
(e) The compensation packages for chief executive officers, executives, managers, and administrators of for-profit hospitals in California are often excessive, unnecessary, and inconsistent with the provision of high-quality, affordable medical care, by diverting funds that could be used to expand access to affordable medical care for all Californians.
(f) Chief executive officers, executives, managers, and administrators at hospitals, hospital groups, and affiliated medical entities who are also compensated for their positions on boards of directors of publicly traded companies, privately held companies, and nonprofit organizations risk spending time away from their primary responsibilities to the detriment of high-quality, affordable medical care.
(g) In order to properly assess the scope of excessive compensation packages in the nonprofit hospital sector and to inform policy decisions related to escalating health care costs, it is necessary to understand excessive compensation among private hospitals.
(h) In order to ensure equal opportunity and compensation among health care workers in California, it is necessary to understand compensation by job classification and by race, ethnicity, gender, sexual orientation, and gender identity.
(i) It is the intent of the Legislature in enacting this act to ensure that compensation packages for chief executive officers, executives, managers, and administrators of for-profit and nonprofit hospitals are consistent with the goal of providing affordable, high-quality medical care to all Californians.
(j) The intent of the Legislature in enacting this act is also to ensure that compensation packages for chief executive officers, executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities are consistent with the charitable purposes of those nonprofits and are reasonable and not excessive in light of the substantial public benefit that the state tax exemption for nonprofit organizations conveys.
(k) It is also the intent of the Legislature in enacting this act to ensure that compensation packages for employees of for-profit and nonprofit hospitals are not discriminatory based on race, ethnicity, gender, sexual orientation, or gender identity.
SEC. 3.
Chapter 2.17 (commencing with Section 1339.85) is added to Division 2 of the Health and Safety Code, to read:
CHAPTER  2.17. Hospital Executive Compensation Transparency Act of 2016
1339.85.
For purposes of this chapter, the following definitions shall have the following meanings:
(a) “Annual hospital executive compensation report” refers to the report described in Section 1339.87.
(b) “Board compensation” shall mean the total annual compensation provided to each hospital executive by any publicly traded company, privately held company, or nonprofit organization on whose board of directors a hospital executive sits and from which the hospital executive received total annual compensation of more than one thousand dollars ($1,000).
(c) (1) “Covered hospital or medical entity” shall mean any of the following:
(A) A private nonprofit general acute care hospital, as defined in subdivision (a) of Section 1250.
(B) An acute psychiatric hospital, as defined in subdivision (b) of Section 1250.
(C) Any private for-profit general acute care hospital that is licensed under subdivision (a) or (b) of Section 1250 and operated within the state for profit under Division 1 (commencing with Section 100) of Title 1 of the Corporations Code, including by a foreign corporation.
(D) A hospital group, which shall mean any group of two or more hospitals described in subparagraphs (A) to (C), inclusive, or any person, corporation, partnership, limited liability company, trust, or other entity that owns, operates, or controls, in whole or in part, any such group.
(E) A hospital-affiliated medication foundation, which shall mean a medical foundation, as described in subdivision (l) of Section 1206, that satisfies either or both of the following conditions:
(i) The medical foundation is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, hospital-affiliated physicians group, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group.
(ii) A majority of the medical foundation’s assets are owned by a hospital, hospital group, or hospital-affiliated physicians group or by a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group, or the medical foundation owns a majority of the assets of a hospital, hospital group, or hospital-affiliated physicians group or of a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group.
(F) A hospital-affiliated physicians group, which shall mean any physicians group or medical group that satisfies either or both of the following conditions:
(i) The physicians group is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation.
(ii) A majority of the physicians group’s assets are owned by a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation.
(G) A health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23.
(2) “Covered hospital or medical entity” shall not include any of the following:
(A) Hospitals operated or licensed by the United States Department of Veterans Affairs or public hospitals as defined in paragraph (25) of subdivision (a) of Section 14105. 98 of the Welfare and Institutions Code, with the exception of hospitals owned or operated by a health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23.
(B) Designated public hospitals, as described in subdivision (d) of Section 14166.1 of the Welfare and Institutions Code.
(d) “Executive compensation reporting threshold” shall mean the total annual compensation from any source for work performed or services provided at or for the covered hospital or medical entity that is greater than
two hundred fifty thousand dollars ($250,000)
three hundred thousand dollars ($300,000)
in a year.
(e) (1) “Hospital executive” shall mean all persons whose primary duties are executive, managerial, or administrative at or for the covered hospital or medical entity, even if that person also performs or performed other duties.
(2) “Hospital executive” shall include, but is not limited to, chief executive officers, chief executive managers, chief executives, executive officers, executive directors, chief financial officers, presidents, executive presidents, vice presidents, executive vice presidents, and other comparable positions.
(3) The definition of “hospital executive” shall apply irrespective of whether the person exercising executive, managerial, or administrative authority is or was an employee of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity. The definition shall also apply to any person who exercises or exercised such authority even if the arrangements for such authority or for compensation or both are pursuant to a contract or subcontract.
(4) “Hospital executive” shall include any person who held the duties described under this paragraph during the period covered by the annual report, even if the person is postemployment or postservice.
(5) “Hospital executive” shall not apply to medical or health care professionals whose primary duties are or were the provision of medical services, research, direct patient care, or other nonmanagerial, nonexecutive, and nonadministrative services.
(f) “Office” means the Office of Statewide Health Planning and Development.
(g) (1) “Total annual compensation” shall mean all remuneration paid, earned, or accrued in the course of a fiscal year for work performed or services provided, including the cash value of all remuneration (including benefits) in any medium other than cash, except as otherwise specified in paragraph (2), and including, but not limited to, all of the following:
(A) Wages; salary; paid time off; bonuses; incentive payments; lump-sum cash payments; the fair market value of below-market-rate loans or loan forgiveness; housing payments; payments for transportation, travel, meals, or other expenses in excess of actual documented expenses incurred in the performance of duties; payments or reimbursement for entertainment or social club memberships; the cash value of housing, automobiles, parking, or similar benefits; scholarships or fellowships; the cash value of dependent care or adoption assistance or personal legal or financial services; the cash value of stock options or awards; payments or contributions for insurance, except as exempted in paragraph (2), to a Section 125 cafeteria plan or equivalent arrangement, to a health savings account, or for severance or its equivalent; and deferred compensation earned or accrued, even if not yet vested nor paid.
(B) The total value in the aggregate of the compensation or payments authorized or paid under a severance or similar postservice or postemployment arrangement, to include the fair market value of all cash remuneration as well as the fair market value of all remuneration (including benefits) paid in any medium other than cash, as defined in paragraph (1), subject to the exclusion set forth in paragraph (2).
(C) Payments, compensation, or remuneration for work performed or services provided at or for a covered hospital or medical entity even if made by a separate person or entity, including, but not limited to, any of the following:
(i) A for-profit or unincorporated entity.
(ii) A corporation, partnership, or limited liability company.
(iii) A trust or other entity that is controlled by the same person or persons who govern a covered hospital or medical entity.
(iv) A supporting or supported organization within the meaning of Sections 509(a)(3) and 509(f)(3) of the Internal Revenue Code.
(v) A disregarded entity of, or related organization as set forth within, the Internal Revenue Service Form 990 of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity.
(D) Payment of compensation or remuneration by any person, corporation, partnership, limited liability company, trust, or other entity that a covered hospital or medical entity, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity, participates in, belongs to, is a member of, or pays into shall be presumed compensation for work performed or services provided at or for the covered hospital or medical entity.
(2) “Total annual compensation” shall not include the cost of health insurance or disability insurance or payments or contributions to a health reimbursement account.
1339.87.
(a) On and after October 1, 2017, each covered hospital or medical entity shall submit an annual hospital executive compensation report to the office for every hospital executive whose total annual compensation met or exceeded the executive compensation reporting threshold. The report shall include all of the following information for the prior fiscal year:
(1) The names, positions, or titles of each hospital executive and the aggregate total annual compensation for each hospital executive at or exceeding the executive compensation reporting threshold, including all of the information described under subdivision (g) of Section 1339.85, with a description of each entity that has contributed to the total annual compensation of each hospital executive, in any form, and the amount of such compensation.
(2) A detailed breakdown of all wage and nonwage compensation.
(3) Identification of any benefit or remuneration excluded from the definition of total annual compensation pursuant to paragraph (2) of subdivision (g) of Section 1339.85.
(4) A detailed breakdown of board compensation, which shall include all of the following:
(A) The name of the publicly traded company, privately held company, or nonprofit organization that provided the board compensation.
(B) The number of hours the hospital executive spent on matters related to their duties as a director of the publicly traded company, privately held company, or nonprofit organization for which the board compensation was received.
(b) Consistent with the annual equal employment opportunity and compensation report on employees’ ethnicity, race, and sex by job category and compensation required by Part 1602 of Chapter XIV of Subtitle B of Title 29 of the Code of Federal Regulations, on or after October 1, 2017, and annually thereafter, each covered hospital or medical entity with 100 or more employees shall submit to the office all of the following information for the prior fiscal year:
(1) The number of employees earning annual total compensation in 12 pay bands, as proposed by the federal Equal Employment Opportunity Commission in the Federal Register, Volume 81, Number 20, on February 1, 2016, on pages 5113 to 5121, inclusive, for each of the eight employee classifications defined in the office’s hospital annual financial data and by self-reported gender, ethnicity, and race, and voluntarily self-reported sexual orientation and gender identity.
(2) The total number of hours worked by the employees included in each pay band described in paragraph (1).
(c) On and after January 1, 2018, the office shall post the annual hospital executive compensation report for each covered hospital or medical entity on the office’s Internet Web site.
(d) The annual report shall be submitted on the form or in the format required by the office.
(e) (1) The board of directors of any nonprofit or for-profit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity shall approve the annual report before it is submitted to the office.
(2) Each director shall act in good faith and with reasonable care and inquiry in approving the annual report and in ensuring that the corporation complies with the requirements of this section.
(3) For each covered hospital or medical entity governed, owned, or controlled by a board of directors, the annual report shall state that it was approved by the board of directors and set forth the date of such approval, and shall be attested to under penalty of perjury by an authorized representative of the covered hospital or medical entity board of directors.
(f) (1) Any scheme or artifice that has the purpose of avoiding the reporting requirements established by this section shall constitute a violation of this section.
(2) Payments, compensation, or remuneration by a separate entity that is purported not to be for work performed or services provided at or for a covered hospital or medical entity, but that is disproportionate to its purported purpose so as to evade the annual hospital executive compensation reporting requirements specified in this section, shall constitute a violation of this section.
(g) The office shall establish and assess reasonable fees, to be submitted with each annual report, to cover only the reasonable costs of implementing and ensuring compliance with this section and each activity authorized or required by this section.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.


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

SECTION 1.
Section 11545 of the Government Code is amended to read:
11545.
(a) (1) There is in state government the Department of Technology within the Government Operations Agency. The Director of Technology shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The Director of Technology shall supervise the Department of Technology and report directly to the Governor on issues relating to information technology.
(2) Unless the context clearly requires otherwise, whenever the term “office of the State Chief Information Officer” or “California Technology Agency” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Department of Technology, and whenever the term “State Chief Information Officer” or “Secretary of California Technology” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Director of Technology.
(3) The Director of Technology shall be the State Chief Information Officer.
(b) The duties of the Director of Technology shall include, but are not limited to, all of the following:
(1) Advising the Governor on the strategic management and direction of the state’s information technology resources.
(2) Establishing and enforcing state information technology strategic plans, policies, standards, and enterprise architecture. This shall include the periodic review and maintenance of the information technology sections of the State Administrative Manual, except for sections on information technology procurement procedures, and information technology fiscal policy. The Director of Technology shall consult with the Director of General Services, the Director of Finance, and other relevant agencies concerning policies and standards these agencies are responsible to issue as they relate to information technology.
(3) Minimizing overlap, redundancy, and cost in state operations by promoting the efficient and effective use of information technology.
(4) Providing technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives, compliance with information technology policies and standards, and the promotion of the alignment and effective management of information technology services. Nothing in this paragraph shall be deemed to limit the authority of a constitutional officer, cabinet agency secretary, or department director to establish programmatic priorities and business direction to the respective agency or department chief information officer.
(5) Working to improve organizational maturity and capacity in the effective management of information technology.
(6) Establishing performance management and improvement processes to ensure state information technology systems and services are efficient and effective.
(7) Approving, suspending, terminating, and reinstating information technology projects.
(8) Performing enterprise information technology functions and services, including, but not limited to, implementing Geographic Information Systems (GIS), shared services, applications, and program and project management activities in partnership with the owning agency or department.
(9) Developing and tailoring baseline security controls for the state based on
emerging industry standards and
baseline security controls published by the National Institute of Standards and Technology (NIST). The Director of Technology shall review and revise the state baseline security controls whenever the NIST updates its baseline security controls
or advancing industry standards warrant
but, in no event, less frequently than once every
three years.
year.
State agencies shall comply with the state baseline security controls and shall not tailor their individual baseline security controls to fall below the state baseline security controls.
(c) The Director of Technology shall produce an annual information technology strategic plan that shall guide the acquisition, management, and use of information technology. State agencies shall cooperate with the department in the development of this plan, as required by the Director of Technology.
(1) Upon establishment of the information technology strategic plan, the Director of Technology shall take all appropriate and necessary steps to implement the plan, subject to any modifications and adjustments deemed necessary and reasonable.
(2) The information technology strategic plan shall be submitted to the Joint Legislative Budget Committee by January 15 of every year.
(d) The Director of Technology shall produce an annual information technology performance report that shall assess and measure the state’s progress toward enhancing information technology human capital management; reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets, infrastructure, and systems; improving energy efficiency in the use of information technology assets; enhancing the security, reliability, and quality of information technology networks, services, and systems; developing, tailoring, and complying with state baseline security controls; and improving the information technology procurement process. The department shall establish those policies and procedures required to improve the performance of the state’s information technology program.
(1) The department shall submit an information technology performance management framework to the Joint Legislative Budget Committee by May 15, 2009, accompanied by the most current baseline data for each performance measure or metric contained in the framework. The information technology performance management framework shall include the performance measures and targets that the department will utilize to assess the performance of, and measure the costs and risks avoided by, the state’s information technology program. The department shall provide notice to the Joint Legislative Budget Committee within 30 days of making changes to the framework. This notice shall include the rationale for changes in specific measures or metrics.
(2) State agencies shall take all necessary steps to achieve the targets set forth by the department and shall report their progress to the department on a quarterly basis.
(3) Notwithstanding Section 10231.5, the information technology performance report shall be submitted to the Joint Legislative Budget Committee by January 15 of every year. To enhance transparency, the department shall post performance targets and progress toward these targets on its public Internet Web site.
(4) The department shall at least annually report to the Director of Finance cost savings and avoidances achieved through improvements to the way the state acquires, develops, implements, manages, and operates state technology assets, infrastructure, and systems. This report shall be submitted in a timeframe determined by the Department of Finance and shall identify the actual savings achieved by each office, department, and agency. Notwithstanding Section 10231.5, the department shall also, within 30 days, submit a copy of that report to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Appropriations, and the Assembly Committee on Budget.
(e) If the Governor’s Reorganization Plan No. 2 of 2012 becomes effective, this section shall prevail over Section 186 of the Governor’s Reorganization Plan No. 2 of 2012, regardless of the dates on which this section and that plan take effect, and this section shall become operative on July 1, 2013.


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

SECTION 1.
Section 8482.3 of the Education Code is amended to read:
8482.3.
(a) The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The specific grades to be served by a program at participating schools may be determined in accordance with local needs.
(b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c) (1) Each component of a program established pursuant to this article shall consist of the following two elements:
(A) An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science.
(B) An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2) Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e) Applicants for programs established pursuant to this article may include any of the following:
(1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f) Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to operate a program on that site or sites.
(2) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3) Each partner in the application agrees to share responsibility for the quality of the program.
(4) The application designates the public agency or local educational agency partner to act as the fiscal agent. For purposes of this section, “public agency” means only a county board of supervisors or if the city is incorporated or has a charter, a city council.
(5) Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9) The application states the targeted number of pupils to be served by the program.
(10) Applicants agree to provide the following information on participating pupils to the department:
(A) Schoolday attendance rates.
(B) Program attendance.
(g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B) Program content, including the elements identified in subdivision (c).
(C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F) The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite monitoring process.
SEC. 2.
Section 8482.8 of the Education Code is amended to read:
8482.8.
(a) If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance for either the before school or the after school component, an applicant may request approval from the Superintendent, before or during the grant application process, to provide services at another schoolsite for that component. An applicant that requests approval shall describe the manner in which the applicant intends to provide safe, supervised transportation between schoolsites; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b) For purposes of this article, a significant barrier to pupil participation in the before school or the after school component of a program established pursuant to this chapter means either of the following:
(1) Fewer than 20 pupils participating in the component of the program.
(2) Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(c) In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.
(d) If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may recommend, and the state board may approve, a request by the grantee for payment equal to the amount of funding the grantee would have received if it had been able to operate its entire program during that time period.
(e) Upon the request of a program grantee, the state board may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).
(f) (1) The Legislature finds and declares that the cost of operating a program is exceeding the grant amount provided under this article.
(2) Commencing January 1, 2016, a program established pursuant to this article may suspend its operation for no more than five schooldays in a fiscal year.
If the suspension results in a grant adjustment
A grant shall not be adjusted
pursuant to clause (ii) or (iii) of subparagraph (A) of paragraph (1) of subdivision (a) of Section
8483.7, the department may approve a request from the program grantee for an exemption from the adjustment.
8483.7 as a result of a program suspending its operation pursuant to this paragraph.
Cost savings that result from a suspension of a program in accordance with this subdivision shall be used solely by the entity that is providing direct services to pupils.
(3) This subdivision shall remain in effect only until July 1, 2017, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 3.
Section 8483 of the Education Code is amended to read:
8483.
(a) (1) Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program.
(3) In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b) The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
SEC. 4.
Section 8483.1 of the Education Code is amended to read:
8483.1.
(a) (1) Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2) (A) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B) A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3) In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b) The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c) Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
SEC. 5.
The Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002.


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

SECTION 1.
Section 11165 of the Health and Safety Code is amended to read:
11165.
(a) To assist health care practitioners in their efforts to ensure appropriate prescribing, ordering, administering, furnishing, and dispensing of controlled substances, law enforcement and regulatory agencies in their efforts to control the diversion and resultant abuse of Schedule II, Schedule III, and Schedule IV controlled substances, and for statistical analysis, education, and research, the Department of Justice shall, contingent upon the availability of adequate funds in the CURES Fund, maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of, and Internet access to information regarding, the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, order, administer, furnish, or dispense these controlled substances.
(b) The Department of Justice may seek and use grant funds to pay the costs incurred by the operation and maintenance of CURES. The department shall annually report to the Legislature and make available to the public the amount and source of funds it receives for support of CURES.
(c) (1) The operation of CURES shall comply with all applicable federal and state privacy and security laws and regulations.
(2) (A) CURES shall operate under existing provisions of law to safeguard the privacy and confidentiality of patients. Data obtained from CURES shall only be provided to appropriate state, local, and federal public agencies for disciplinary, civil, or criminal purposes and to other agencies or entities, as determined by the Department of Justice, for the purpose of educating practitioners and others in lieu of disciplinary, civil, or criminal actions. Data may be provided to public or private entities, as approved by the Department of Justice, for educational, peer review, statistical, or research purposes, provided that patient information, including any information that may identify the patient, is not compromised. Further, data disclosed to any individual or agency as described in this subdivision shall not be disclosed, sold, or transferred to any third party, unless authorized by, or pursuant to, state and federal privacy and security laws and regulations. The Department of Justice shall establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES, consistent with this subdivision.
(B) Notwithstanding subparagraph (A), a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances shall not be provided data obtained from CURES.
(3) In accordance with federal and state privacy laws and regulations, a health care practitioner may provide a patient with a copy of the patient’s CURES patient activity report as long as no additional CURES data is provided and keep a copy of the report in the patient’s medical record in compliance with subdivision (d) of Section 11165.1.
(d) For each prescription for a Schedule II, Schedule III, or Schedule IV controlled substance, as defined in the controlled substances schedules in federal law and regulations, specifically Sections 1308.12, 1308.13, and 1308.14, respectively, of Title 21 of the Code of Federal Regulations, the dispensing pharmacy, clinic, or other dispenser shall report the following information to the Department of Justice as soon as reasonably possible, but not more than seven days after the date a controlled substance is dispensed, in a format specified by the Department of Justice:
(1) Full name, address, and, if available, telephone number of the ultimate user or research subject, or contact information as determined by the Secretary of the United States Department of Health and Human Services, and the gender, and date of birth of the ultimate user.
(2) The prescriber’s category of licensure, license number, national provider identifier (NPI) number, if applicable, the federal controlled substance registration number, and the state medical license number of any prescriber using the federal controlled substance registration number of a government-exempt facility.
(3) Pharmacy prescription number, license number, NPI number, and federal controlled substance registration number.
(4) National Drug Code (NDC) number of the controlled substance dispensed.
(5) Quantity of the controlled substance dispensed.
(6) International Statistical Classification of Diseases, 9th revision (ICD-9) or 10th revision (ICD-10) Code, if available.
(7) Number of refills ordered.
(8) Whether the drug was dispensed as a refill of a prescription or as a first-time request.
(9) Date of origin of the prescription.
(10) Date of dispensing of the prescription.
(e) The Department of Justice may invite stakeholders to assist, advise, and make recommendations on the establishment of rules and regulations necessary to ensure the proper administration and enforcement of the CURES database. All prescriber and dispenser invitees shall be licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, in active practice in California, and a regular user of CURES.
(f) The Department of Justice shall, prior to upgrading CURES, consult with prescribers licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, one or more of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, and any other stakeholder identified by the department, for the purpose of identifying desirable capabilities and upgrades to the CURES Prescription Drug Monitoring Program (PDMP).
(g) The Department of Justice may establish a process to educate authorized subscribers of the CURES PDMP on how to access and use the CURES PDMP.
SEC. 2.
Section 11165.1 of the Health and Safety Code is amended to read:
11165.1.
(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before July 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP).
(ii) A pharmacist shall, before July 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP.
(B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following:
(i) Materially falsifying an application for a subscriber.
(ii) Failure to maintain effective controls for access to the patient activity report.
(iii) Suspended or revoked federal DEA registration.
(iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime.
(v) Any subscriber accessing information for any other reason than caring for his or her patients.
(C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account.
(2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code.
(b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice.
(c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual.
(d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by a practitioner or pharmacist from the Department of Justice pursuant to this section is medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
(e) Information concerning a patient’s controlled substance history provided to a prescriber or pharmacist pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations.
(f) A health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, is not subject to civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information.
SEC. 3.
Section 11165.4 is added to the Health and Safety Code, to read:
11165.4.
(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the CURES database to review a patient’s controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every four months thereafter if the substance remains part of the treatment of the patient.
(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient, he or she shall consult the CURES database to review the patient’s controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every four months thereafter if the substance remains part of the treatment of the patient.
(B) For purposes of this paragraph, “first time” means the initial occurrence in which a health care practitioner, in his or her role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.
(2) A health care practitioner shall obtain a patient’s controlled substance history from the CURES database no earlier than 24 hours, or the previous business day, before he or she prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.
(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.
(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:
(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient while the patient is admitted to any of the following facilities or during an emergency transfer between any of the following facilities for use while on facility premises:
(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.
(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.
(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.
(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.
(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.
(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patient’s treatment for a surgical procedure and the quantity of the controlled substance does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:
(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.
(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.
(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.
(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.
(E) A place of practice, as defined in Section 1658 of the Business and Professions Code.
(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient currently receiving hospice care, as defined in Section 1339.40.
(5) (A) If all of the following circumstances are satisfied:
(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.
(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.
(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.
(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason he or she did not consult the database in the patient’s medical record.
(6) If the CURES database is not operational, as determined by the department, or when it cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct any cause of the temporary technological or electrical failure that is reasonably within his or her control.
(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.
(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patient’s inability to obtain a prescription in a timely manner and thereby adversely impact the patient’s medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable five-day supply if the controlled substance were used in accordance with the directions for use.
(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.
(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioner’s liability for the negligent failure to diagnose or treat a patient.
(e) This section is not operative until six months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, which, at a minimum, shall be consistent with the appropriation authorized in Schedule (6) of Item 0820-001-0001 of the Budget Act of 2016 (Chapter 23 of the Statutes of 2016), user support, and education. The department shall notify the Secretary of State and the office of the Legislative Counsel of the date of that certification.
(f) All applicable state and federal privacy laws govern the duties required by this section.
(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.


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

SECTION 1.
Section 1635.1 of the Health and Safety Code is amended to read:
1635.1.
(a) Except as provided in subdivision (b), every tissue bank operating in California on or after July 1, 1992, shall have a current and valid tissue bank license issued or renewed by the department pursuant to Section 1639.2 or 1639.3.
(b) This chapter does not apply to any of the following:
(1) The collection, processing, storage, or distribution of human whole blood or its derivatives by blood banks licensed pursuant to Chapter 4 (commencing with Section 1600) or any person exempt from licensure under that chapter.
(2) The collection, processing, storage, or distribution of tissue for autopsy, biopsy, training, education, or for other medical or scientific research or investigation, when transplantation of the tissue is not intended or reasonably foreseeable.
(3) The collection of tissue by an individual physician and surgeon from his or her patient or the implantation of tissue by an individual physician and surgeon into his or her patient. This exemption shall not be interpreted to apply to any processing or storage of the tissue, except for the processing and storage of semen by an individual physician and surgeon when the semen was collected by that physician and surgeon from a semen donor or obtained by that physician and surgeon from a tissue bank licensed under this chapter.
(4) The collection, processing, storage, or distribution of fetal tissue or tissue derived from a human embryo or fetus.
(5) The collection, processing, storage, or distribution by an organ procurement organization (OPO), as defined in Section 486.302 of Title 42 of the Code of Federal Regulations, if the OPO, at the time of collection, processing, storage, and distribution of the tissue, has been designated by the Secretary of Health and Human Services as an OPO and meets the requirements of Sections 486.304 and 486.306 of Title 42 of the Code of Federal Regulations, as applicable.
(6) The storage of prepackaged, freeze-dried bone by a general acute care hospital.
(7) The storage of freeze-dried bone and dermis by any licensed dentist practicing in a lawful practice setting, if the freeze-dried bone and dermis have been obtained from a licensed tissue bank, are stored in strict accordance with a kit’s package insert and any other manufacturer instructions and guidelines, and are used for the express purpose of implantation into a patient.
(8) The storage of a human cell, tissue, or cellular- or tissue-based product (HCT/P), as defined by the federal Food and Drug Administration (FDA), that is either a medical device approved pursuant to Section 510 or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360 et seq.) or that is a biologic product approved under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262) by a licensed physician or podiatrist acting within the scope and authority of his or her license and practicing in a lawful practice setting. The medical device or biologic product must have been obtained from a California-licensed tissue bank, been stored in strict accordance with the device’s or product’s package insert and any other manufacturer instructions, and used solely for the express purpose of direct implantation into or application on the practitioner’s own patient. In order to be eligible for the exemption in this paragraph, the entity or organization where the physician or podiatrist who is eligible for the exemption is practicing shall notify the department, in writing, that the practitioner is licensed and meets the requirements of this paragraph. The notification shall include all of the following:
(A) A list of all practitioners to whom the notice applies.
(B) Acknowledgment that each listed practitioner uses the medical device or biologic product in the scope and authority of his or her license and practice for the purposes of direct patient care as described in this paragraph.
(C) A statement that each listed practitioner agrees to strictly abide by the directions for storage in the device’s or product’s package insert and any other manufacturer instructions and guidelines.
(D) Acknowledgment by each practitioner that the medical device or biologic product shall not be resold or distributed.
(9) The collection, processing, storage, or distribution of any organ, as defined in paragraph (2) of subdivision (c) of Section 1635, within a single general acute care hospital, as defined in subdivision (a) of Section 1250, operating a Medicare-approved transplant program.
(10) The storage of allograft tissue by a person if all of the following apply:
(A) The person, as defined in Section 1635, is a hospital, or an outpatient setting regulated by the Medical Board of California pursuant to Chapter 1.3 (commencing with Section 1248), including an ambulatory surgical center.
(B) The person maintains a log that includes the date on which the allograft tissue was received, the expiration date of the allograft tissue, the date on which each allograft tissue is used for clinical purposes, and the disposition of any allograft tissue samples that remain unused at the time the allograft tissue expires.
(C) The allograft tissue meets all of the following:
(i) The allograft tissue was obtained from a tissue bank licensed by the state.
(ii) Each allograft tissue is individually boxed and labeled with a unique identification number and expiration date so that opening the shipping container will not disturb or otherwise alter any of the allograft tissue that is not being utilized.
(iii) The allograft tissue is intended for the express purpose of implantation into or application on a patient.
(iv) The allograft tissue is not intended for further distribution.
(v) The allograft tissue is registered with the FDA and designated to be maintained at ambient room temperature requiring no refrigeration.


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

SECTION 1.
This act shall be known and may be cited as the Mental Health Justice Act.
SEC. 2.
The Legislature finds and declares the following:
(a) Exposure to violence increases the risk of developing a mental health condition such as post-traumatic stress disorder. Children in underserved communities are more likely to be exposed to violence than other children.
(b) Ten times as many people with mental illness are in prisons and jails today than are in mental health treatment facilities.
(c) Correctional facilities spend two to three times more money on adults with mental illnesses than they do on people who do not live with a mental illness.
(d) Despite overall decreasing prison populations, California’s prisons are experiencing increasing demand for mental health treatment services as prison inmates require mental health treatment at higher rates. This number is anticipated to continue to increase in the next five years and beyond.
(e) In California, the annual prison cost for an inmate in the general population is $51,000, while the annual community housing and outpatient treatment costs for a person with mental illness are 60 percent less at $20,412.
(f) Nearly half of all prisoners in California are mentally ill and have received psychiatric treatment within the past year. This number has almost doubled in the last 15 years, making jails and prisons the de facto mental health system.
(g) Individuals with mental illnesses tend to stay longer in prison or jail and, when released, are at a higher risk of returning to prison or jail than those without these illnesses.
(h) Mental health court participants have a significantly lower (47 percent) recidivism rate compared to similar defendants in traditional court.
(i) Mental health courts allow for the consideration of a defendant’s mental health status during court proceedings and have shown to save $7 in costs for every $1 spent.
(j) According to the United States Supreme Court, conditions in California prisons exacerbate mental health issues significantly. Offenders with mental illness are often subjected to higher rates of physical and sexual trauma, forced restraints, solitary confinement, and overmedication while incarcerated. Those who are kept in isolation are at higher risk for psychiatric injury, self-harm, and suicide.
(k) A defendant’s mental illness should inform case processing and the nature of any criminal charges, in alignment with public safety and a defendant’s constitutional rights.
(l) California must increase diversion programs to redirect defendants with mental illness away from prisons and jails, which exacerbate mental illnesses, impede treatment, and increase costs, and toward proven mental health treatment services.
SEC. 2.
SEC. 3.
Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read:
CHAPTER  16. Mental Health Treatment
1425.
(a)If a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison or county jail, the defendant or the prosecutor may submit evidence that the defendant suffers from a diagnosable mental illness that was a substantial factor that contributed to the defendant’s criminal conduct. The evidence shall be filed after the defendant’s plea or conviction, but before his or her sentencing.
(b)If evidence is submitted pursuant to subdivision (a), the court shall consider that evidence in conjunction with the defendant’s sentencing.
(c)Upon consideration of the evidence submitted pursuant to subdivision (a), notwithstanding any other law, if the court determines that it is in the best interests of public safety, the court may order one or more of the following:
(1)(A)That the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or county jail, unless that placement would pose an unreasonable risk of danger to public safety.
(B)This paragraph does not apply to a defendant subject to Section 1170.12.
(2)The Department of Corrections and Rehabilitation or county jail authority, as applicable, to place the defendant in a mental health program within the state prison or county jail system, respectively, at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days, of the defendant’s placement in the state prison or county jail.
(3)The Department of Corrections and Rehabilitation or the county jail authority, as applicable, regardless of the type of crime committed to prepare a postrelease mental health treatment plan six months prior to the defendant’s release to parole or postrelease community supervision. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following that release, and shall address, if applicable and in the discretion of the court, medication management, housing, and substance abuse treatment.
(d)(1)The defendant or prosecutor may, at any time, petition the court for approval to transfer the defendant from a residential mental health treatment facility to a mental health program within the state prison or county jail for the remainder of the defendant’s sentence.
(2)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for permission to remove the defendant from a mental health program within the state prison or county jail system, respectively.
(3)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for dismissal of the requirement that the Department of Corrections and Rehabilitation or county jail authority, respectively, prepare a postrelease mental health treatment plan.
(e)The defendant shall have the right to counsel for all proceedings under this section.
1425.
(a) A defendant who has pleaded guilty or nolo contendere to, or was convicted of, a felony or misdemeanor and who currently is, or at any prior time was, eligible for public mental health services due to serious mental illness or who currently is, or at any prior time was, eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness may petition the court for a sentence that includes mental health treatment. The petition shall be filed after the defendant’s plea or conviction, but before his or her sentencing.
(b) The defendant shall bear the burden of establishing by a preponderance of the evidence that he or she meets the criteria in subdivision (a).
(c) If the court determines that the defendant has met his or her burden, as described in subdivision (b), and that it is in the public interest, the court may order that the defendant’s sentence include one or more of the following:
(1) (A) A requirement that the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or a county jail, if that placement would not pose an unreasonable risk of danger to public safety and is in the interest of justice pursuant to Section 1385.
(B) A defendant is not eligible for subparagraph (A) if his or her current plea or conviction is for a violent felony, as defined in subdivision (c) of Section 667.5, or if the defendant is required by statute to serve his or her entire sentence only in state prison.
(2) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or county jail authority, as applicable, place the defendant in a mental health program within the state prison or county jail system at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days of the defendant’s sentencing.
(3) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or the county jail authority, as applicable, prepare a postrelease mental health treatment plan six months prior to the defendant’s release from custody. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following release from custody and shall address, if applicable and at the discretion of the court, medication management, housing, and substance abuse treatment.
(d) At any time, upon a petition from the defendant or prosecutor, if it is in the public interest, the court may recall a sentence that includes a mental health treatment order issued under this section and either resentence the defendant to other mental health treatment authorized under subdivision (c) or resentence the defendant in the same manner as if he or she had not previously been sentenced with application of this section. The defendant shall receive credit for the time he or she served on the prior sentence.
(e) The defendant shall have the right to counsel for all proceedings under this section.
SEC. 3.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.