Criminal procedure.

Plain English Breakdown

The official source does not specify an effective date or provide details about the extent of the impact on individuals and local agencies.

Criminal Procedure Changes

This law changes how courts handle petitions from people who participated in certain programs while incarcerated and affects their ability to get emergency medical technician certifications or firefighter licenses.

What This Bill Does

• Requires the Department of Corrections and Rehabilitation or a county authority to give a certification to the court when someone is released, showing they successfully took part in specific programs while incarcerated.
• Removes the need for courts to send copies of petitions to the Department of Corrections and Rehabilitation or county authorities.
• Prevents people who had their criminal records dismissed due to participation in these programs from being denied emergency medical technician certifications or firefighter licenses based on past arrests or convictions.

Who It Names or Affects

• People who participated in California Conservation Camps, county hand crews, or institutional firehouse programs while incarcerated and are now petitioning to have their criminal records dismissed.
• Courts that handle these petitions.
• Local agencies responsible for emergency medical services training and firefighter certifications.

Terms To Know

Certification

A document proving someone has the necessary skills or qualifications to do a job, like being an emergency medical technician.

State-mandated local program

When the state requires local agencies to follow certain rules or perform specific tasks, which may need funding from the state.

Limits and Unknowns

• The bill does not specify when it will become effective.
• It is unclear how many people will be affected by these changes in certification and licensing requirements.
• Local agencies might face new costs due to reporting requirements, but the exact amount of state reimbursement for these costs is uncertain.

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