AB 2512 | Ban death penalty for persons with intellectual disability

AB 2512 | Ban death penalty for persons with intellectual disability

Removal from the sex offender registration system is not automatic. Once an offender is eligible due to their tier, they must file a petition with their court. The state will have 60 days to review the request. If the petitioner has complied with all their sex offender registration requirements and not been convicted of another crime, the court can grant termination of the status as a sex offender.

This long overdue change should allow the large number of low tier offenders to reclaim their lives. California estimates that as many as 90% of those currently required to register for life under 290 pc can be removed from the registry.

AB 1950 | Probation term reform

Assembly Bill 1950 caps the probation term for both misdemeanor and felony convictions effective . Under AB 1950, misdemeanor offense probation will be capped at 1 year unless the statute states otherwise. Felony offense probation will be capped at 2 years, subject to some exceptions.

Many offenses include the length of probation defined within the statute which would make AB1950 not apply. For instance, DUI statutes specify probation terms of three to five years.

Assembly Bill 2512 modernizes the California death penalty intellectual disability statute so that anyone that meets the clinical standard definition of “intellectual disability” cannot be sentenced to death in California. AB 2512 eliminates the age of onset threshold requiring that intellectual disability be present before the age of eighteen in order to determined legally.

AB 2512 also prohibits “the results of a test measuring intellectual functioning to be changed or adjusted based on race, ethnicity, national origin, or socioeconomic status.” This change prevents prosecutors from making race-based arguments to inflate IQ scores to prevent findings of intellectual disability.

AB 1869 | Repeal administrative fees in criminal justice system

Assembly Bill 1869 repeals the authority of California counties to charge criminal defendants for 23 of the most burdensome fees for legal representation, probation, and incarceration imposed in criminal justice cases, effective .

Repealed fees include: processing arrests and citations, administering probation and mandatory supervision, continuous electronic monitoring programs, administering home detention programs, work furlough programs, and work release programs. AB 1869 also repeals the authority of the court to order the defendant to pay the costs of the public defender.

SB 823 | Juvenile justice realignment

Senate Bill 823 sets into motion phasing out the California State Division of Juvenile Justice (DJJ) youth incarceration and replacing it with a new county-based system named the Office of Youth and Community Restoration (OYCR), beginning .

OYCR will be located within the California Health and Human Services (HHS) agency without the former adult correctional constraints. The goal is to provide more health focused and youth development approaches closer to their home communities and families when youth justice intervention is needed.

The closure of DJJ is expected to have the greatest impact on youths of color. The Center on Juvenile Criminal Justice has reported that “Black and Latino youth are 31 times and 5 times more likely to be committed to DJJ than their white peers, respectively.”

AB 901 | Shifting problem juveniles in school from courts to community programs

Assembly Bill 901 will end the practice of referring children and teens who are having problems at school into probation programs. Instead they will be treated more humanely in community-based resources.

Habitually truant, insubordinate, or disorderly pupils will no longer be brought to the attention of the juvenile court and the pupil’s probation or parole officer. Courts may no longer require the delivery of a pupil who is insubordinate or disorderly to school daily. Except for underage minors who are on probation, the probation department will not be allowed to create mandatory probation conditions for juveniles.

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