HB 661

This bill enacts the "Comprehensive Assault Crime Intervention Act, as described below. Present law provides that as part of a defendant's alternative sentencing for a violation of domestic assault, the sentencing judge may direct the defendant to complete an available counseling program that address es violence and control issues, including, but not limited to, a batterer's inte rvention program that has been certified by the domestic violence state coordinating council. Completion of a noncertified batterer's intervention program must only be ordered if a certified program is not available in the sentencing county. A batterer's intervention program, certified or noncertified, must not be deemed complete until the full term of the program is complete, and a judge m ust not require a defendant to attend less than the full term of a program as part of a plea agreement or otherwise. This bill revises these provisions in the following ways:  Requires, instead of authorizes, the sentencing judge to direct the defendant to complete an available counseling program.  Continues to authorize the sentencing judge to also direct the defendant to complete a drug or alcohol treatment program.  Requires a batterer's intervention program to meet requirements in regulations promulgated by the state coordinating council for b atterers' intervention programs for perpetrators of domestic abuse . REGULA TION OF INTERVENTION PROGRAMS Present law requires the state coordinating council (""council"") to promulgate regulations for batterers' intervention programs for perpetrators of domestic abuse and to certify compliance with the regulations. This bill r equires the council to prescribe the term of the batterer's intervention programs to meet for a minimum of 26 weeks and not more than 48 weeks. Each meeting must be at least three hours long. The ratio of participants to intervention counselors must be n ot more than six participants to one counselor, with not more than 10 participants in each course. STALKING In addition to any other punishment that may be imposed for a violation of stalking, aggravated stalking, or especially aggravated stalking, this bill requires the sentencing judge to require the defendant to attend an individual counseling program that ad dresses violence and control issues, including a batterer's intervention program that has been certified by the domestic violence state coordinating council . ASSAULT I n addition to any other punishment that may be imposed for a violation of assault, this bill requires the sentencing judge to require the defendant to attend an individual counseling program that addresses violence and control issues, including a batterer's intervention program that has been certified by the domestic violence state coord inating council. DESTRUCTION OR RELEASE OF RECORDS Present law requires all public records of a person who has been charged with a misdemeanor or a felony to, upon petition by that person to the court having jurisdiction in the previous action, be remov ed and destroyed when certain requirements are met. A person who was convicted of an assault committed prior to July, 1, 2000, is excluded from consideration. This bill revises this provision by applying such provision to all persons who are convicted o f an assault, instead of only those committed prior to July 1, 2000. COURT POLICY AND EDUCATION ADMINISTRATION Present law requires the a dministrative office of the courts to (i) establish a policy regarding, and a continuing education curriculum concern ing, domestic violence and (ii) provide continuing education on domestic violence to all judges and court personnel throughout the state who are likely to encounter situations of domestic violence. This bill revises the above provision to, instead, req uire both the administrative office of the courts and the domestic violence state coordinating council to establish such policy and curriculum and provide such education . This bill also requires the continuing education to be for a period of at least 12 h ours per year and to be in addition to the training required by Abrial's Law, the Keeping Children Safe from Family Violence Act."