Governor Brown Signs Senator Hill's Bills to Increase AED Availability & Extend Alternative Custody Program for Young Nonviolent Felons

September 30, 2018

For Immediate Release – Office of State Senator Jerry Hill – September 30, 2018
Media Contact: Leslie Guevarra, 415-298-3404, leslie.guevarra@sen.ca.gov

Governor Signs Bills by Senator Jerry Hill to Increase Availability of AEDs in Large Renovated Buildings and Extend a Pilot Program Allowing Nonviolent Young Adult Felons to Serve Their Time in Juvenile Hall

SACRAMENTO – Governor Brown signed legislation Sunday night by state Senator Jerry Hill to require that an automated external defibrillator – the emergency device better known as an AED – is installed in high-occupancy structures that undergo significant modifications, renovations or tenant improvements.

The governor also signed Senator Hill’s legislation to extend and expand a pilot program that enables young adults under 21 who are convicted of nonviolent, low-level felonies to serve their time in juvenile detention facilities with age-appropriate services, instead of confining them in jails for adults.

Increasing the Availability of AEDs

Starting January 1, 2020, under SB 1397, an AED must be installed in high-occupancy structures that undergo modifications, renovations or tenant improvements amounting to $100,000 or more in a single calendar year.

The requirement applies to commercial, educational, institutional and factory buildings with occupancy for 200 or more people, and to residential buildings with the same occupancy range, but does not apply to the single-family or multifamily dwelling units within them.

The requirement also applies to assembly buildings, including auditoriums and theaters, with an occupancy of greater than 300 people. In assembly buildings, there is no dollar-threshold for improvements made by tenants.

Buildings that already have an AED in a common area and structures owned or operated by local government are exempt from SB 1397.

“The life-saving potential of an AED is clear,” said Senator Hill, D-San Mateo and Santa Clara Counties. “Sudden cardiac arrest kills nearly 1,000 people a day in the United States. It can happen to anyone, anytime, anywhere and at any age. Only 10 percent of the people who experience cardiac arrest outside a hospital setting survive. The single most effective intervention during sudden cardiac arrest is the use of an AED.”

Existing law requires most newly constructed high-occupancy buildings to have an AED. But AED installation is not required in high-occupancy buildings that undergo substantial modifications, renovations or improvements.

SB 1397 builds on earlier AED legislation, including two 2015 bills. SB 287 by Senator Ben Hueso required an AED to be installed in any high-occupancy building constructed on or after January 1, 2017. Senator Hill’s SB 658 updated and streamlined the training and maintenance requirements for AEDs in commercial buildings and K-12 schools.

Testing an Age-Appropriate Custody Option for Young Adult Offenders

Senate Bill 1106 by state Senator Jerry Hill extends the state’s pilot program of an age-appropriate custody option for young adults convicted of nonviolent, low-level felonies until 2022.

SB 1106 also enables a sixth county, Ventura, to join Alameda, Butte, Napa, Nevada and Santa Clara counties as pilot program participants.

“We want to improve the outcomes for young adult offenders by giving them access to services and environments that can be found in juvenile detention centers,” said Senator Hill. “The goal is to reduce recidivism through placement in an age-appropriate setting.”

The pilot program is for transitional-age youths, individuals who are 18 or older but under 21. It is based on the premise that although offenders in that age group are legally adults, they are still undergoing significant cognitive brain development and have yet to achieve the stage that would enable them to make mature decisions. Researchers call the condition “the maturity gap” and say that’s the reason why people in that age group are more likely to engage in risk-seeking behavior. Researchers also say that’s the reason why the age group can be better served by the juvenile justice system with corresponding age-appropriate, intensive services.

Rules and conditions for pilot program include:

  • Young adults who commit serious or violent felonies, have a record of serious or violent offenses, or who must register as sex offenders, are not eligible.
  • Prospective participants must be assessed by their county’s probation department to determine whether they are suitable for the program.
  • Upon being charged with an offense, young adults who are deemed eligible for the program and who agree to participate must plead guilty to their crime and seek a deferred entry of judgment. If they successfully complete the program, their charges will be dismissed.
  • Court proceedings continue on their regular track for young adults deemed ineligible for the pilot program and for those who are eligible but do not wish to plead guilty and enter the program.
  • For offenders participating in the program, custody within a county juvenile hall or detention facility must not exceed a year.
  • Pilot program participants and younger minor offenders cannot be housed in the same quarters of a juvenile detention facility.
  • If they are not meeting the program standards, participants can be removed from the program by their county probation department.

SB 1106 builds on Senator Hill’s 2016 legislation SB 1004, which authorized the pilot program and it dates of operation. The 2018 legislation extends the program’s scheduled end date by two years, moving the sunset date from January 1, 2020, to January 1, 2022.

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SB 1106 Fact Sheet: sb1106_factsheet.pdf

SB 1397 Fact Sheet: sb1397_factsheet.pdf