2009 California Penal Code - Section 11060-11062 :: Article 2.3. California Criminalistics Institute

PENAL CODE
SECTION 11060-11062

11060.  There is hereby established in the Bureau of Forensic
Services of the Department of Justice the California Criminalistics
Institute.
   The purposes of the institute shall include, but need not be
limited to, the facilitation of a comprehensive and coordinated
approach to meet the high technology forensic science needs of crime
laboratories operated by the department and local law enforcement
agencies, the provision of a statewide upgrading of advanced
laboratory services incorporating new and developing technologies,
the provision of training and methodology development for all law
enforcement agencies, and the handling of advanced casework
laboratory referral services.
   The California Criminalistics Institute is intended for use by
state and local forensic scientists and law enforcement personnel.

11061.  To meet the increasing statewide need for criminalists
properly trained in DNA analysis, the Department of Justice, the
California State University, and, upon agreement by the regents, the
University of California, shall work together to enhance
collaborative opportunities for DNA training of university students,
graduates, and existing employees of crime laboratories.

11061.5.  (a) The Department of Justice, through its California
Criminalistics Institute, shall develop and coordinate an internship
program in forensic DNA analysis for graduate-level students.
   (1) Candidates for the program must possess at least a
baccalaureate degree.
   (2) The program shall be associated with graduate academic
programs at accredited postsecondary institutions including the
University of California and the California State University.
   (3) The program shall include a one-year internship at a public
forensic DNA laboratory for which the interns shall receive a stipend
or fellowship funded by the Department of Justice.
   (4) The program shall be designed to prepare students to meet
national standards for DNA analysis, such as those established by the
DNA Advisory Board (DAB) and the Scientific Working Group on DNA
Analysis Methods (SWGDAM).
   (5) In order to complete the program, interns shall be required to
successfully complete a national certification examination like that
administered in forensic molecular biology by the American Board of
Criminalistics.
   (b) Funding for the provisions of this measure shall be subject to
both of the following conditions:
   (1) The Department of Justice shall establish a working
partnership and affiliation with accredited postsecondary
institutions that can provide graduate-level academic programing.
   (2) The Department of Justice shall submit a budgetary request for
the internship program to the Director of the Department of Finance
by May 15, 2002.
   (c) The provisions of this act may only be implemented to the
extent funds are appropriated for their purposes in the annual Budget
Act.

11062.  (a) The Department of Justice shall establish and chair a
task force to conduct a review of California's crime laboratory
system.
   (b) The task force shall be known as the "Crime Laboratory Review
Task Force." The composition of the task force shall, except as
specified in paragraph (16), be comprised of one representative of
each of the following entities:
   (1) The Department of Justice.
   (2) The California Association of Crime Laboratory Directors.
   (3) The California Association of Criminalists.
   (4) The International Association for Identification.
   (5) The American Society of Crime Laboratory Directors.
   (6) The Department of the California Highway Patrol.
   (7) The California State Sheriffs' Association, from a department
with a crime laboratory.
   (8) The California District Attorneys Association, from an office
with a crime laboratory.
   (9) The California Police Chiefs Association, from a department
with a crime laboratory.
   (10) The California Peace Officers' Association.
   (11) The California Public Defenders Association.
   (12) A private criminal defense attorney organization.
   (13) The Judicial Council, to be appointed by the Chief Justice.
   (14) The Office of the Speaker of the Assembly.
   (15) The Office of the President pro Tempore of the Senate.
   (16) Two representatives to be appointed by the Governor.
   (c) The task force shall review and make recommendations as to how
best to configure, fund, and improve the delivery of state and local
crime laboratory services in the future. To the extent feasible, the
review and recommendations shall include, but are not limited to,
addressing the following issues:
   (1) With respect to organization and management of crime
laboratory services, consideration of the following:
   (A) If the existing mix of state and local crime laboratories is
the most effective and efficient means to meet California's future
needs.
   (B) Whether laboratories should be further consolidated. If
consolidation occurs, who should have oversight of crime
laboratories.
   (C) If management responsibilities for some laboratories should be
transferred.
   (D) Whether all laboratories should provide similar services.
   (E) How other states have addressed similar issues.
   (2) With respect to staff and training, consideration of the
following:
   (A) How to address recruiting and retention problems of laboratory
staff.
   (B) Whether educational and training opportunities are adequate to
supply the needs of fully trained forensic criminalists in the
future.
   (C) Whether continuing education is available to ensure that
forensic science personnel are up-to-date in their fields of
expertise.
   (D) If crime laboratory personnel should be certified, and, if so,
the appropriate agency to assume this responsibility.
   (E) The future educational role, if any, for the University of
California or the California State University.
   (3) With respect to funding, consideration of the following:
   (A) Whether the current method of funding laboratories is
predictable, stable, and adequate to meet future growth demands and
to provide accurate and timely testing results.
   (B) The adequacy of salary structures to attract and retain
competent analysts and examiners.
   (4) With respect to performance standards and equipment,
consideration of the following:
   (A) Whether workload demands are being prioritized properly and
whether there are important workload issues not being addressed.
   (B) If existing laboratories have the necessary capabilities,
staffing, and equipment.
   (C) If statewide standards should be developed for the
accreditation of forensic laboratories, including minimum staffing
levels, and if so, a determination regarding what entity should serve
as the sanctioning body.
   (d) The task force also shall seek input from specialized law
enforcement disciplines, other state and local agencies, relevant
advocacy groups, and the public. The final report also shall include
a complete inventory of existing California crime laboratories. This
inventory shall contain sufficient details on staffing, workload,
budget, major instrumentation, and organizational placement within
the controlling agency.
   (e) The first meeting of the task force shall occur no later than
December 9, 2007.
   (f) On or before July 1, 2009, the task force shall submit a final
report of its findings to the Department of Finance and to the
budget and public safety committees of both houses of the
Legislature.

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