Ab 109 what is it

In Memoriam: Supervisor Wilma Chan. Ibram X. Kendi- Realizing Racial Justice Event. Energy Upgrade California and Vaccination Information. Genesis in Solidarity with Transit Workers. Except as authorized by this division, the following are not legal prescriptions: 1 an order purporting to be a prescription which is issued not in the usual course of professional treatment or in legitimate and authorized research; or 2 an order for an addict or habitual user of controlled substances, which is issued not in the course of professional treatment or as part of an authorized narcotic treatment program, for the purpose of providing the user with controlled substances, sufficient to keep him or her comfortable by maintaining customary use.

Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale 1 any controlled substance specified in subdivision b , c , or e of Section , specified in paragraph 14 , 15 , or 20 of subdivision d of Section , or specified in subdivision b or c of Section , or specified in subdivision h of Section , or 2 any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision h of Section of the Penal Code for two, three, or four years.

Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale cocaine base which is specified in paragraph 1 of subdivision f of Section , shall be punished by imprisonment pursuant to subdivision h of Section of the Penal Code for a period of three, four, or five years.

Application of this section shall be limited to persons at least five years older than the minor to whom he or she prepares for sale, sells, or gives away a controlled substance. Except as authorized by law, and except as provided otherwise in Sections Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision h of Section of the Penal Code.

Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision h of Section of the Penal Code.

In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section Any person who utilizes a building, room, space, or enclosure specifically designed to suppress law enforcement entry in order to sell, manufacture, or possess for sale any amount of cocaine base as specified in paragraph 1 of subdivision f of Section , cocaine as specified in paragraph 6 of subdivision b of Section , heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide shall be punished by imprisonment pursuant to subdivision h of Section of the Penal Code for three, four, or five years.

Any person who shall knowingly violate any of the provisions of Section or with respect to 1 a controlled substance specified in subdivision b , c , or d of Section , or 2 a controlled substance specified in paragraph 1 of subdivision b of Section , or 3 a controlled substance which is a narcotic drug classified in Schedule III, IV, or V, or who in any voluntary manner solicits, induces, encourages or intimidates any minor with the intent that such minor shall commit any such offense, shall be punished by imprisonment pursuant to subdivision h of Section of the Penal Code, or in a county jail not exceeding one year.

The court shall transmit all penalties collected pursuant to this subdivision to the county treasurer of the county in which the court is located for deposit in a special account in the county treasury. The county treasurer shall pay that money at least once a month to the agency that requested recovery of the cost for the removal action. The county may retain up to 5 percent of any assessed penalty for appropriate and reasonable administrative costs attributable to the collection and disbursement of the penalty.

The Department of Toxic Substances Control may expend the money in the Illegal Drug Lab Cleanup Account, upon appropriation by the Legislature, to cover the cost of taking removal actions pursuant to Section Except as otherwise provided in Article 7 commencing with Section of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale any controlled substance which is 1 classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision g of Section , 2 specified in subdivision d of Section , except paragraphs 13 , 14 , 15 , 20 , 21 , 22 , and 23 of subdivision d , 3 specified in paragraph 11 of subdivision c of Section , 4 specified in paragraph 2 or 3 of subdivision f of Section , or 5 specified in subdivision d , e , or f , except paragraph 3 of subdivision e and subparagraphs A and B of paragraph 2 of subdivision f , of Section , shall be punished by imprisonment pursuant to subdivision h of Section of the Penal Code.

Except as otherwise provided in Article 7 commencing with Section of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale phencyclidine or any analog or any precursor of phencyclidine which is specified in paragraph 21 , 22 , or 23 of subdivision d of Section or in paragraph 3 of subdivision e or in subdivision f , except subparagraph A of paragraph 1 of subdivision f , of Section , shall be punished by imprisonment pursuant to subdivision h of Section of the Penal Code for a period of three, four, or five years.

The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by the county. In determining whether or not to strike the additional punishment, the court shall consider the following factors and any relevant factors in aggravation or mitigation in Rules 4. B The defendant lacks resources for the necessities of life. C The defendant is addicted to or dependent on controlled substances. E The defendant was recruited or exploited by a more culpable person to commit the crime.

C The defendant induced others, particularly homeless persons, drug addicts and substance abusers, to become involved in trafficking.

It does not include simple possession or drug use. B Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, thionyl chloride and hydrogen gas. C Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, plus phosphorus pentachloride and hydrogen gas.

D Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, chloroephedrine and chloropseudoephedrine, or phenylpropanolamine, plus any reducing agent.

This subdivision shall not be construed to preclude, or in any way limit, the applicability of any other law in any criminal prosecution. No disclosure of information is required under this subdivision when otherwise prohibited by law, or when law enforcement personnel have determined that this disclosure would adversely affect an ongoing criminal investigation, or when the information is already general public knowledge within the locality affected by the discharge or threatened discharge.

The felony conviction for violation of this section shall require forfeiture of government employment within thirty days of conviction. In any case where a person has disposed or caused the disposal of any hazardous waste in violation of this section, each day that the waste remains disposed of in violation of this section and the person has knowledge thereof is a separate additional violation, unless the person has filed a report of the disposal with the department and is complying with any order concerning the disposal issued by the department, a hearing officer, or court of competent jurisdiction.

Except as otherwise provided in Sections If the conviction is for a second or subsequent violation, the person shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment pursuant to subdivision h of Section of the Penal Code for 16, 20, or 24 months. These penalties shall not be imposed on the driver of the vehicle, unless the driver is also the owner or lessee of the vehicle or authorized or caused the transporting, carrying, or handling.

If a codefendant is held solely responsible and found guilty, the court may dismiss the charge against the person who was initially so charged. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.

Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person or stationary source shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the acutely hazardous materials.

The failure of any individual, person, firm, association, or other entity representing himself, or itself, as engaged in the diagnosis, treatment, alleviation, or cure of cancer to comply with any of the regulations adopted under this article and Article 1 commencing with Section is a misdemeanor.

A third, and subsequent violations, of this section is a felony, punishable by imprisonment pursuant to subdivision h of Section of the Penal Code. This article and Article 1 commencing with Section shall not apply to any person who depends exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination, or organization, nor practitioner thereof.

This section shall not apply unless any prior conviction is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.

If the defendant is a corporation that operates medical facilities in more than one geographic location, this subdivision shall apply only if the offense involves an adjacent facility involved in the prior conviction. Those persons are subject to penalties for violations pursuant to Article 8 commencing with Section of Chapter 6.

The certificate shall not be granted until the applicant conforms to the requirements of this code and of the laws of this state prerequisite to its issue. In any proceeding under this article, the commissioner, as conservator or as liquidator, may, subject to the approval of said court, and subject to such liens as may be necessary mutualize or reinsure the business of such person, or enter into rehabilitation agreements.

No commissioner who acts as conservator of such person or who mutualizes, merges or reinsures the business of such person or who enters into rehabilitation agreements affecting such person, and no deputy commissioner who has participated in the administration of the affairs of such person for the commissioner as conservator shall for a period of two years from and after the effective date of such mutualization, reinsurance or rehabilitation become an officer or director of, or serve as an officer or director of, or serve in any position of gain or profit in, any company formed in whole or in part of the assets or funds, or any part of the assets or funds of such mutualized, merged, reinsured or rehabilitated person.

Such rehabilitation or reinsurance agreements shall provide that, subsequent to the date thereof and for such period of time as the commissioner may determine, no investment or reinvestment of the assets of the person rehabilitated or reinsured shall be made without first obtaining the written approval of the commissioner.

In determining the amount of the civil forfeiture, the commissioner shall take into account the appropriateness of the forfeiture with respect to the gravity of the violation, the history of previous violations, and any other matters as justice may require.

After notice and hearing the commissioner may also order the insurer to void any contracts and restore the status quo if this action is in the best interest of the policyholders, creditors, or the public. Any fines imposed shall be paid by the officer, director, or employee in his or her individual capacity. Any person who willfully violates Section Restitution shall be ordered, including restitution for any medical evaluation or treatment services obtained or provided.

The court shall determine the amount of restitution and the person or persons to whom the restitution shall be paid. A person convicted under this section may be charged the costs of investigation at the discretion of the court.

The existence of any fact that would subject a person to a penalty enhancement shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.

The hearing shall occur within 30 days after the notice is served. Within 30 days after the hearing the commissioner shall issue an order specifying the amount of penalties to be paid. The penalties resulting from the hearing shall be paid to the Insurance Fund. It is a felony, punishable by imprisonment pursuant to subdivision h of Section of the Penal Code, for any officer, director, agent or employee of any fraternal benefit society to, directly or indirectly, for himself or as partner or agent of others: a Borrow any of the funds of such society.

It is a felony, punishable by imprisonment pursuant to subdivision h of Section of the Penal Code, for any officer, trustee, agent or employee of a fraternal benefit society to ask, receive, or consent or agree to receive anything of value for procuring or endeavoring to procure a loan to any person from the trust funds of, or funds belonging to, a fraternal benefit society. This section shall not apply to a seller who is an obligor under vehicle service contracts it sells.

The commissioner may issue a cease and desist order pursuant to Section Whenever an employer has agreed with any employee to make payments to a health or welfare fund, pension fund or vacation plan, or other similar plan for the benefit of the employees, or a negotiated industrial promotion fund, or has entered into a collective bargaining agreement providing for these payments, it shall be unlawful for that employer willfully or with intent to defraud to fail to make the payments required by the terms of that agreement.

All other violations shall be punishable as a misdemeanor. This subdivision is intended to be a codification of existing law. Every person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, used in any manufactory, railroad, vessel, or other mechanical works, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is caused, is punishable by imprisonment pursuant to subdivision h of Section of the Penal Code for two, three, or four years.

Any person who is guilty of violating Section or is punishable as follows: a If the act or failure to act causes the death of any person, a person violating this section is punishable by death or imprisonment in the state prison for life without possibility of parole.

The penalty shall be determined pursuant to the provisions of Sections If the act or failure to act causes great bodily injury to any person, a person violating this section is punishable by life imprisonment without possibility of parole. In addition to the acts which constitute an attempt to commit a crime under the law of this state, the solicitation or incitement of another to commit any of the crimes defined by this chapter not followed by the commission of the crime, the collection or assemblage of any materials with the intent that they are to be used then or at a later time in the commission of such crime, or the entry, with or without permission, of a building, enclosure, or other premises of another with the intent to commit any such crime constitutes an attempt to commit such crime.

Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. National data show that about 40 percent of released individuals are reincarcerated within three years. In California, the recidivism rate for persons who have served time in prison is even greater than the national average.

The purpose of justice reinvestment is to manage and allocate criminal justice populations more cost-effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. Intermediate sanctions may be provided by local public safety entities directly or through community-based public or private correctional service providers, and include, but are not limited to, the following: A Short-term flash incarceration in jail for a period of not more than 7 days.

B Intensive community supervision. C Home detention with electronic monitoring or GPS monitoring. D Mandatory community service. E Restorative justice programs such as mandatory victim restitution and victim-offender reconciliation. F Work, training, or education in a furlough program pursuant to Section G Work, in lieu of confinement, in a work release program pursuant to Section H Day reporting.

I Mandatory residential or nonresidential substance abuse treatment programs. J Mandatory random drug testing. K Mother-infant care programs. L Community-based residential programs offering structure, supervision, drug treatment, alcohol treatment, literacy programming, employment counseling, psychological counseling, mental health treatment, or any combination of these and other interventions.

In no case shall any person sentenced to confinement in a county or city jail, or in a county or joint county penal farm, road camp, work camp, or other county adult detention facility, or committed to the sheriff for placement in any county adult detention facility, on conviction of a misdemeanor, or as a condition of probation upon conviction of either a felony or a misdemeanor, or upon commitment for civil contempt, or upon default in the payment of a fine upon conviction of either a felony or a misdemeanor, or for any reason except upon conviction of a crime that specifies a felony punishment pursuant to subdivision h of Section or a conviction of more than one offense when consecutive sentences have been imposed, be committed for a period in excess of one year; provided, however, that the time allowed on parole shall not be considered as a part of the period of confinement.

Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment pursuant to subdivision h of Section Perjury is punishable by imprisonment pursuant to subdivision h of Section for two, three or four years. Every person imprisoned in a county jail or the state prison who has been convicted of a sexual offense, including, but not limited to, a violation of Section Nothing in this section shall prevent the interviewing of witnesses.

A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. Every person who, having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal that crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law, in which crimes may be compromised by leave of court, is punishable as follows: 1.

By imprisonment in a county jail not exceeding one year, or pursuant to subdivision h of Section , where the crime was punishable by death or imprisonment in the state prison for life; 2. By imprisonment in a county jail not exceeding six months, or pursuant to subdivision h of Section , where the crime was punishable by imprisonment in the state prison for any other term than for life; 3.

Every person who fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate from any person lawfully entitled thereto, is punishable by imprisonment pursuant to subdivision h of Section for two, three or four years. Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian of that child, substitutes or produces to that parent or guardian another child in the place of the one so confided, is punishable by imprisonment pursuant to subdivision h of Section for two, three or four years.

B Any deadly weapon described in Section k or C Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands. D Any unauthorized tear gas weapon.

E Any stun gun, as defined in Section F Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun. G Any ammunition as defined in Section However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision. Any person, except a duly appointed peace officer as defined in Chapter 4.

Every person who holds, or attempts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of ownership over any person, or who sells, or attempts to sell, any person to another, or receives money or anything of value, in consideration of placing any person in the custody, or under the power or control of another, or who buys, or attempts to buy, any person, or pays money, or delivers anything of value, to another, in consideration of having any person placed in his or her custody, or under his or her power or control, or who knowingly aids or assists in any manner any one thus offending, is punishable by imprisonment pursuant to subdivision h of Section for two, three or four years.

They are punishable as follows: When they conspire to commit any crime against the person of any official specified in paragraph 6 , they are guilty of a felony and are punishable by imprisonment pursuant to subdivision h of Section for five, seven, or nine years. When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony.

If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.

If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section All cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be done.

The aggregation periods do not create an obligation for financial institutions to record, report, create, or implement tracking systems or otherwise monitor transactions involving monetary instruments in any time period. In consideration of the constitutional right to counsel afforded by the Sixth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, when a case involves an attorney who accepts a fee for representing a client in a criminal investigation or proceeding, the prosecution shall additionally be required to prove that the monetary instrument was accepted by the attorney with the intent to disguise or aid in disguising the source of the funds or the nature of the criminal activity.

B An additional term of imprisonment as provided for in this subdivision may be imposed with respect to an accusatory pleading charging multiple violations of this section, regardless of whether any single violation charged in that pleading involves a transaction or attempted transaction of a value covered by paragraph 1 , if the violations charged in that pleading arise from a common scheme or plan and the aggregate value of the alleged transactions or attempted transactions is of a value covered by paragraph 1.

B If the felony is a serious felony, as defined in subdivision c of Section As a result, the Probation Department implemented and continues to strengthen its program model to be consistent with EBP research.

In an effort to continuously improve the program, the Department is involved in several projects. The Department is in the process of implementing The Carey Guides as its CBI program to be incorporated into current case planning and case management practices to address criminogenic needs life areas that contribute to criminal offending.

The use of this CBI will enable staff to engage in teaching and practices skills to our clients in order to disrupt problematic thinking patterns that contribute to criminal behaviors. For more information, please see the following class syllabus, brief description of the student papers, Roadmap for Realignment, and student papers:. Overview of Student Papers. Roadmap for Realignment. Realigning the Revolving Door? Unintended Beneficiaries?