Criminal procedure.

Plain English Breakdown

The official source material does not provide specific details about when the bill will take effect or the exact nature of the reporting requirements for local agencies.

Criminal Procedure Changes

This law changes how courts handle petitions from people who participated in certain programs while incarcerated and ensures they are not denied emergency medical technician or firefighter certifications based on their past.

What This Bill Does

• Requires the Department of Corrections and Rehabilitation or a county authority to give a certificate to released defendants who successfully completed specific programs, confirming their participation.
• Removes the requirement for courts to send copies of petitions to the Department of Corrections and Rehabilitation or county authorities.
• Prohibits denying emergency medical technician certifications or firefighter licenses to individuals whose criminal records have been dismissed based on successful program completion.

Who It Names or Affects

• People who participated in California Conservation Camps, county incarcerated individual hand crews, or institutional firehouse programs and had their criminal records dismissed.
• Courts that handle petitions from these individuals.
• Local agencies responsible for reporting additional information to the state.

Terms To Know

petition

A formal request made to a court or other authority asking for something specific, like having a criminal record dismissed.

certification

An official document that confirms someone has the necessary skills and training to do a particular job, such as being an emergency medical technician.

Limits and Unknowns

• The bill does not specify when it will take effect.
• Local agencies may need to pay for additional reporting requirements if mandated by the state.

Official Summary Text

SB 245, Reyes.
Criminal procedure.
Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Existing law requires the court to provide a copy of the petition to the Department of Corrections and Rehabilitation or the appropriate county authority. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and
firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician.
This bill would require the Department of Corrections and Rehabilitation or a county authority, upon the release of a defendant, to certify to the court in the county
where the defendant was sentenced that the individual successfully participated in one of the above-described programs and to provide a copy of that certification to the defendant. The bill would delete the requirement that a court provide a copy of a defendant’s petition to the department or a county authority. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF