2026 Legislative Session: Key Developments in Administration of Justice Policy Area

Throughout the 2026 Legislative Session, CSAC has kept you informed about key legislative developments. With Governor Newsom’s final actions now complete, CSAC will publish a series of articles highlighting new laws and vetoed bills in each policy area. This week, our focus is on the Administration of Justice policy area.   

For additional information, please contact Ryan Morimune or Michaela Stone. 

AB 690 (Schultz) (Chapter 359, Statutes of 2026)
Criminal procedure: indigent defense compensation. Effective January 1, 2028, this measure establishes new contractual requirements for the provision of indigent defense services. Most notably, it prohibits the use of flat fee payment models for contracted indigent defense indigent defense attorneys for cases that carry a life without the possibility of parole or death penalty sentence, and requires counties to consider specified indigent defense workload standards in their contracts, amongst other provisions aimed at improving the quality of legal representation for all indigent clients. Read the CSAC/UCC/RCRC coalition’s request for a veto letter here. 

AB 2605 (Arambula) (Chapter 629, Statutes of 2026)
State Public Defender: county public defenders: data collection. Upon appropriation of funds from the Legislature, this bill requires each county board of supervisors to designate a county contact responsible for the collection of specified information regarding their county’s local public defense system. The data elements include, but are not limited to, an explanation of the type of public defense system in place, case assignment information, total budget and expenditures, attorney caseloads, and types of positions for the delivery of public defense services. The data must be reported to the Office of the State Public Defender (OSPD) every two years beginning on January 1, 2029, and OSPD must create a website containing the information reported by counties.  

SB 577 (Laird) (Chapter 971, Statutes of 2026)
Public entities. This bill addresses public agency liability due to AB 218 (Chapter 861, Statutes of 2019), as well as general liability for cases when public agencies share a small portion of the fault. SB 577 includes provisions heightening evidence and knowledge standards for past claims brought by a claimant above age 40. The bill also improves joint and several liability, limiting public agency liability for economic damages to their share of fault, if their share of fault is fifteen percent or less. Notably, this measure also opens certain probation personnel records held by the Office of Youth and Community Restoration, and includes a variety of provisions aimed at prevention, such as requiring the adoption of assault prevention plans, requirements for recurring mandated reporter training, and heightened state oversight and investigations roles. Read the Governor’s signing message here.  

SB 1009 (Becker) (Chapter 996, Statutes of 2026)
Juveniles: detention. Prohibits a court from ordering that a minor be detained in a juvenile hall unless it makes a finding that a less restrictive alternative to detention in a juvenile hall is unsuitable. Requires a court to reconsider if continued detention is necessary based on new or existing information. ​Prohibits a minor from being committed to physical confinement unless the court finds that a less restrictive alternative disposition for the ward is unsuitable. Prior to the removal of a minor from the physical custody of a parent or guardian, courts must consider as to if reasonable efforts were made to prevent separation, including if various services and supports were offered.​ 

AB 1886 (Elhawary) (Chapter 904, Statutes of 2026)
Wards: probation. Removes existing exclusions for wards subject to an order of probation from the 12-month limitation to probation terms for certain youth, to include wards ordered to probation supervision for placement in specified out-of-home placements. It also excludes youth committed to a secure youth treatment facility, as well as authorizing courts to extend probation period(s), but courts are prohibited from imposing terms or conditions on a ward during an extended probation period. 

AB 1646 (Bryan) (Chapter 537, Statutes of 2026)
Juvenile facilities: visitation. Also known as the “Hug Act,” this bill requires that all youth confined in a juvenile facility have the right to engage in specified types of consensual physical contact with visitors during in-person visits, with limitations to this right only if there are significant safety and security concerns, which must be documented. All juvenile facilities are required to establish regulations and procedures for in-person visitation consistent with this law. 

AB 1902 (Pellerin) (Chapter 836, Statutes of 2026)
Secure youth treatment facilities. Requires individuals determined to be physically dangerous to the public because of the person’s mental or physical condition, disorder, or other problem that causes the person to have serious difficulty controlling their dangerous behavior, to remain in a secure youth treatment facility until the conclusion of legal proceedings by a court order, not to exceed three years. It also revises other court-related processes, including changes to probable cause hearings.  

AB 2178 (Quirk-Silva) (Chapter 586, Statutes of 2026)
Community colleges: county probation departments: instructional service agreements. The “Juvenile Justice Education Access and Equity Act” authorizes specified community college districts, including a community college district outside of the home community college district, to enter into instructional services agreements with probation departments to provide academic or career technical education at a juvenile justice facility.  

AB 1905 (Schultz) (Chapter 559, Statutes of 2026)
Juveniles: custodial interrogation. Prohibits law enforcement officers, or other agents working with law enforcement, from seeking statements or information while undercover, from individuals who were 17 years or younger during the commission of the crime and who are under 26 years of age while in custody. 

AB 2257 (Hart) (Chapter 929, Statutes of 2026)
Corrections: jail administrators. Authorizes county boards of supervisors to establish the position of jail administrator who would be the executive officer with oversight of all county jails, staff, and the incarcerated population. It also provides the sheriff with the authority to nominate, evaluate, discipline, and remove an individual from this role. 

AB 2318 (Elhawary) (Chapter 747, Statutes of 2026)
Law enforcement: facilitating medical care. Prohibits the denial, delay, obstruction, or failure of a law enforcement officer to facilitate access to medical evaluation or treatment for individuals under law enforcement control, but who is not detained or in-custody of the California Department of Corrections and Rehabilitation, if it is safe and reasonable to do so, and a medical professional has been requested or is available and willing to provide assistance. Law enforcement is also required to document the basis for not facilitating access to medical care within 72 hours following an incident, as long as it does not compromise an ongoing investigation or officer safety. Those who do not comply may face administrative discipline, including suspension or termination.  

SB 691 (Wahab) (Chapter 416, Statutes of 2026)
Body-worn cameras: policies. By July 1, 2027, requires that each law enforcement agency (LEA) that has a body-worn camera policy to update that policy to include a procedure for emergency service personnel to request the redaction of recordings of a patient undergoing medical or psychological procedures, evaluation, or treatment by emergency service personnel. Requires LEAs to maintain an unredacted copy of the recording consistent with the policies and procedures of the agency.  

AB 2760 (Sharp-Collins) (Chapter 749, Statutes of 2026)
Law enforcement: wearable electroshock devices. Prohibits law enforcement agencies, including federal LEAs, from using an electroshock device within the state. It also prohibits any state funds from being used to purchase the devices and requires LEAs to update use-of-force policies to reflect the prohibition. Requires the DOJ to study and report on appropriate safeguards and standards. Provisions sunset January 1, 2030.  

SB 1004 (Wiener) (Chapter 757, Statutes of 2026)
Law enforcement: masks. Adds state employed peace officers to the existing definition of law enforcement officers who are prohibited to wear facial coverings in the course of their duties. Clarifies narrow exemptions, as well as limitations, for facial coverings that conceal one’s identity. Establishes liability for damages relating to false imprisonment or arrest if the individual willfully concealed their identity at the time of the conduct incurring liability. Requires LEAs to maintain public policy regarding facial coverings by January 1, 2027.  

SB 747 (Wiener) (Chapter 752, Statutes of 2026)
Civil rights: deprivation of federal constitutional rights, privileges, and immunities. The “No Kings Act” imposes liability on individuals who subject or cause another person to be deprived of any rights, privileges, or immunities afforded by the U.S. Constitution. Prohibits any civil action from being brought under these provisions beyond two years from the date that the cause of action originates. Includes limitations for defendants asserting an absolute or qualified immunity defense. 

SB 1401 (Stern) (Chapter 1035, Statutes of 2026)
Criminal procedure: competence to stand trial. Revises existing statutory processes for individuals deemed incompetent to stand trial (IST) and who are deemed ineligible or unsuitable for diversion by authorizing a county behavioral health agency to report confidential medical information to the court for purposes of determining eligibility for other programs and behavioral health services, including Community Assistance, Recovery and Empowerment (CARE) Act programs, assisted outpatient treatment, or county conservatorship. Clarifies the statutory definition of “gravely disabled” for purposes of determining an individual’s competency and timelines for dismissal of cases. Allows referrals for misdemeanor IST individuals to county conservatorship, if the court opines that the individual is gravely disabled.  

AB 1897 (Haney) (Chapter 558, Statutes of 2026)
Mentally disordered offenders: criteria for commitment. Revises existing statute as it relates to the treatment of individuals with severe mental health disorders by the Department of State Hospitals as a condition for parole, as it requires psychiatrists and psychologists tasked with determining if, as a result of their severe mental health disorder, an individual represents a substantial danger of physical harm to others, to consider specified factors, including whether the individual’s history of violence was related to their severe mental health disorder and their current mental status. Additionally, this bill authorizes a court to conduct a hearing in the county of commitment to state prison upon stipulation of the petitioner, prosecution and defense counsel. 

SB 989 (Blakespear) (Chapter 667, Statutes of 2026)
Community Assistance, Recovery, and Empowerment (CARE) Court Program. Authorizes a first responder to request that a county behavioral health agency (BHA) file a petition to commence the CARE process, if encountering an individual believed eligible or likely eligible for CARE. The county BHA is required to file the petition as applicable within 30 days and provide review updates to the requesting first responder. 

SB 1242 (Choi) (Chapter 687, Statutes of 2026)
Community Assistance, Recovery, and Empowerment (CARE) Court Program. Pursuant to state and federal law, grants authority to specified individuals to provide information regarding a [CARE] respondent, including treatment history and housing status, to a CARE team and authorizes courts to consider the information when evaluating program compliance and progress. 

SB 16 (Blakespear) (Chapter 314, Statutes of 2026)
Mental health: involuntary commitment. Requires county behavioral health directors to establish and implement procedures relating to the county’s designation and training of professionals conducting functions under Welfare and Institutions Code Section 5150. 

SB 1379 (Cervantes) (Chapter 1031, Statutes of 2026)
County of Riverside: separation of county offices: in-custody reports. Requires the Riverside County board of supervisors to separate the office of the sheriff and coroner, abolish the office of the coroner, establish an office of the medical examiner, as well as transfer existing employees of the coroner’s office to the office of the medical examiner by July 1, 2027. Also requires that all medicolegal death investigation services be moved to the office of the OME and prohibits anyone beyond the medical examiner from signing death certificates or any portion of a postmortem examination. Requires specified information related to in-custody deaths to be made publicly available online. 

AB 2428 (Rodriguez, C) (Chapter 398, Statutes of 2026)
Criminal fees. Removes the authority to collect several criminal fees, makes the unpaid balance of those costs unenforceable and uncollectible, requires that any judgements imposed by those costs to be vacated, and relieves those sentenced to incarceration from being required to pay for costs associated with their conviction. Notably, this legislation follows earlier repeals of local authority to collect other criminal fines and fees: AB 1869 (Chapter 92, Statutes of 2020) and AB 177 (Chapter 257, Statutes of 2021); however, unlike previous legislation, this measure includes fees that have minimal to no impact on counties. 

AB 2378 (Gabriel) (Chapter 463, Statutes of 2026)
California Violence Intervention and Prevention Grant Program. Creates the Office of Community Violence Intervention within the Board of State and Community Corrections (BSCC) to administer the existing California Violence Intervention and Prevention (CalVIP) Grant Program, provide technical assistance to community violence prevention organizations as well as CalVIP grantees, recommend grant awardees, identify federal funding, advise the BSCC on implementation of community violence intervention and prevention policies, and develop a report every two years, amongst other duties.  

AB 1586 (Ramos) (Chapter 268, Statutes of 2026)
Opioid overdose reversal medication: school resource officers. The “School Safety and Opioid Overdose Prevention Act” requires school resource officers (SRO) to regularly complete an opioid overdose recognition and response training, and to annually report until 2030 to the California Department of Public Health the number of times SROs administer an antagonist. Requires the Commission on Peace Officer Standards and Training to consult with the State Department of Education to provide implementation guidance to local educational and law enforcement entities on opioid antagonist procurement and use. 

SB 423 (Gonzalez, L) (Chapter 751, Statutes of 2026)
California Public Records Act: private detention facilities. Provides that certain records describing incidents at private detention facilities, as maintained by state and local agencies, as well as specific records in possession of an LEA, are not confidential and must be disclosed upon public request.  

SB 873 (Durazo) (Chapter 753, Statutes of 2026)
Courthouses: privilege from civil arrest. This bill prohibits the civil arrest of an individual traveling to, from, or while at a courthouse for any lawful activity. Provides that violations of these provisions constitute false arrest or imprisonment and would impose liability. Requires court security personnel who are aware of any representatives of an LEA that enter a courthouse while acting in official capacity, to request identification, state the purpose and intended enforcement action(s), and provide a valid judicial warrant.  

AB 1627 (Ávila Farías) (Chapter 739, Statutes of 2026)
Public employment: disqualifications. Expands existing statutory definitions regarding circumstances that may disqualify an individual from holding office or being employed as a peace officer, to include individuals employed as a law enforcement officer in any state, U.S. territory, or by the federal government, who engaged in immigration enforcement.  

AB 1801 (Lee) (Chapter 743, Statutes of 2026)
Public agencies: approval: detention facilities. Revises and expands existing law prohibiting local governments and public agencies from approving or executing any document signifying the approval of a building, or its reuse, for civil immigration detention purposes, by requiring defined notice timelines and contents, opportunities for public review of related documentation, and at least two public meetings. 

SB 1367 (Cervantes) (Chapter 758, Statutes of 2026)
Planning and zoning: detention facilities. Prohibits cities and counties from approving new land uses in such a way that authorizes the construction of a detention facility or changes of use that permit an existing building from being used as a detention facility.   

SB 957 (Pérez) (Chapter 756, Statutes of 2026)
Civil detention facilities. Requires the Attorney General (AG), by December 31, 2027, to submit a report to the Legislature that includes a proposed oversight plan for private civil detention facilities, focused on protecting health and safety of those detained within the facilities. Requires the Governor or their designee to direct state agencies to cooperate with the AG for purposes of effectuating the oversight plan. 

SB 1354 (Archuleta) (Chapter 329, Statues of 2026)
The military: defense of the state. Prohibits military personnel from another state, territory, or district from entering, or causing something to enter California to perform military duty or law enforcement functions for another state, absent the permission of the Governor. There are narrow military compact exceptions provided for this prohibition, if the compact was entered into prior to January 1, 2027.  

SB 907 (Archuleta) (Chapter 443, Statutes of 2026)
Driving under the influence and other driving offenses: comprehensive reform. Increases punishment for specified traffic violations and includes heightened potential consequences for repeat felony offenses that result in serious injury or death. Requires courts to advise individuals of the dangerousness of driving while under the influence (DUI) if they enter a plea of guilty or no contest to a different or lesser offense(s) as a substitute for a proposed violation. 

AB 1741 (Pacheco) (Chapter 374, Statutes of 2026) 
Sexual battery. Changes the punishment for sexual battery, when committed after entering an inhabited residence without consent, from a misdemeanor to a wobbler offense (misdemeanor or felony). 

AB 2273 (Bains) (Chapter 298, Statutes of 2026)
Crimes: SCRIVNER Act. Requires the Department of Justice to bring criminal charges within 30 days after completing an investigation of an individual holding elected office and who is determined to have committed specified sexual offenses. If the defendant is ineligible for diversion, but charges have not been sought, the bill requires prosecutors to state the reasons as to why.  

VETOED 

AB 1647 (Bryan) Juveniles: transfer to criminal court: criminal procedure – VETOED
Proposed to codify existing case law prohibiting the use of a minor’s statements made during a transfer hearing or to their probation officer from being used against the minor in subsequent juvenile or criminal proceedings. The Governor’s veto message can be found here.  

AB 1595 (Schultz) Criminal procedure: writs of habeas corpus and motions to vacate – VETOED
Proposed authorizing a habeas petition on grounds of false evidence related to a petitioner’s guilt or punishment where there is any reasonable likelihood the evidence would have affected the outcome of the case. The Governor’s veto message can be found here. 

SB 1105 (Pérez) Law enforcement – VETOED
Proposed removing arrest authority or peace officer status for federal criminal investigators, law enforcement officers, and federal employees, with limited exceptions, such as when involved in a joint task force or criminal investigation. Proposed prohibiting a law enforcement agency from entering into an interagency agreement unless the agreement is in writing and expressly provides that the agency shall not engage in certain activities, including racial or identity profiling and the deployment of kinetic energy projectiles and chemical agents against an assembly, protest, or demonstration. The Governor’s veto message can be found here. 

SB 1896 (González) Public employment: disqualifications – VETOED 
Commencing January 1, 2028, this bill proposed a general disqualification from being a peace officer for individuals previously employed as sworn law enforcement officers or individual contractors and personally engaged in immigration enforcement. Proposed numerous changes relating to overall hiring and eligibility processes for peace officers and potential applicants. The Governor’s veto message can be found here. 

AB 1537 (Bryan) Peace officers: secondary employment – VETOED
Proposed prohibiting peace officers from engaging in any form of secondary employment, including contracted work, that involves arresting, detaining, transporting, or deporting individuals pursuant to federal or out-of-state immigration laws. Required peace officers to report any conditional offers of secondary employment relating to immigration enforcement and required the law enforcement agency to maintain any related records, which would be subject to the California Public Records Act. The Governor’s veto message can be found here. 

Interested in receiving additional Administration of Justice (AOJ) news and updates? Email Patnu Vang – pvang@counties.org – to be added to the AOJ listserv.