Eloise Reyes

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.