Contracts
Master Service Agreements (MSAs) with private security vendors must be amended to explicitly require the collection of data defined in Gov. Code 411.042(b)(6) during detainment. Indemnification clauses should be updated to cover liability resulting from a magistrate's failure to issue an EPO caused by the vendor's failure to provide available information.
Hiring/Training
Security personnel, loss prevention officers, and private corrections staff must be trained that a "hand-off" to law enforcement or a magistrate is legally incomplete without the submission of the required victim and defendant risk data. Staff must be trained to ask for and record victim contact information safely during the initial incident response.
Reporting & Record-Keeping
Incident Management Software (IMS) and physical intake forms must be updated immediately. You must add dedicated fields for:
- 1. Defendant's full biographical data.
- 2. Victim's contact information and relationship to the defendant.
- 3. Specific risk factors (e.g., access to weapons, history of violence).
*Note: Reports must now explicitly document attempts to collect this information if it is unavailable, rather than leaving fields blank.*
Fees & Costs
There are no new statutory filing fees. Budget allocation is required for administrative costs associated with updating reporting software logic and retraining intake staff.
