BILL NUMBER: AB 1758 CHAPTERED 08/02/03 CHAPTER 158 FILED WITH SECRETARY OF STATE AUGUST 2, 2003 APPROVED BY GOVERNOR AUGUST 2, 2003 PASSED THE ASSEMBLY JULY 29, 2003 PASSED THE SENATE JULY 27, 2003 AMENDED IN SENATE JULY 27, 2003 AMENDED IN SENATE JUNE 23, 2003 INTRODUCED BY Committee on Budget (Oropeza (Chair), Bermudez, Chan, Chu, Diaz, Dutra, Dymally, Goldberg, Hancock, Jackson, Liu, Montanez, Nakano, Pavley, Reyes, Simitian, and Wolk) MARCH 11, 2003 An act to amend Sections 30061 and 30070 of, to add Section 19851.1, to, and to repeal Section 14669.20 of, the Government Code, to amend Sections 6035, 6036, 6040, 6051, and 6129 of, and to repeal Sections 6037, 6041, 6042, and 6043 of, the Penal Code, and to amend Sections 912 and 912.1 of the Welfare and Institutions Code, relating to corrections, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1758, Committee on Budget. Corrections. (1) Existing law appropriates annually prescribed amounts from the General Fund to the Controller for allocation to county sheriffs' departments to enhance law enforcement efforts and requires those funds to supplement rather than supplant existing law enforcement resources. This bill would suspend this appropriation and these allocations for the 2003-04 and 2004-05 fiscal years. (2) Existing law establishes a state policy that the workweek of state employees is 40 hours, and the workday of state employees is 8 hours, except that workweeks and workdays of a different number of hours may be established to meet the varying needs of different state agencies. Existing law also establishes a state policy of avoiding the necessity for overtime work whenever possible. This bill would require the Department of Corrections to establish a standardized overtime cap for correctional officers not to exceed 80 hours per month. The bill would not relieve the state of any obligation under a memorandum of understanding for State Bargaining Unit 6 in effect on January 1, 2004, and approved pursuant to the Ralph C. Dills Act, relating to hours of work, overtime, or alternative work schedules. The bill would also prohibit the department from reducing the total number of filled educational positions, as specified, if the director of the department determines that the reduction would result in a loss of day for day credits for eligible inmates. (3) Existing law establishes in each county treasury a Supplemental Law Enforcement Services Fund that receives from the Controller an annual allocation of state funds. Moneys from this fund are required to be allocated by the county auditor to the county, each city located within that county, and designated districts providing law enforcement in accordance with specified requirements. Existing law requires that 50% of these allocated funds be used by the county or city and county to implement a comprehensive multiagency juvenile justice plan. Existing law requires the local juvenile justice coordinating council in each county and city and county to develop a comprehensive multiagency juvenile justice plan and to submit the plan or modified plan to the Board of Corrections annually for review and approval. This bill would authorize the use of up to $275,000 of this allocation, as determined by the Department of Finance, by the Board of Corrections for administrative purposes. (4) Existing law establishes the Board of Corrections, and provides for the exercise of various powers by the board, including grants of state aid to local law enforcement entities, as specified, in connection with training and standards for specified correctional personnel. Existing law requires local law enforcement entities who receive this aid to adhere to the standards for selection and training established by the board. This bill would eliminate the authority of the board to make grants of aid to local law enforcement for purposes of training, and would make other conforming changes. This bill would provide that local law enforcement entities may adhere to the standards for selection and training established by the board. (5) Existing law provides for the independent office of the Inspector General and provides that the Inspector General shall be appointed by the Governor, subject to Senate approval of that appointment. The Inspector General is responsible for reviewing departmental policy and procedures for conducting investigations and audits of investigatory practices and other audits and investigations of the Department of Corrections, the Department of the Youth Authority, the Board of Prison Terms, the Youthful Offender Parole Board, or the Board of Corrections, as requested by either the Secretary of the Youth and Adult Correctional Agency or a Member of the Legislature as specified. Existing law requires the Inspector General to conduct a management review audit of any warden in the Department of Corrections, or superintendent in the Department of the Youth Authority who has held the position for more than 4 years and following confirmation of a new warden or the appointment of a new superintendent, as specified. Existing law provides that any Member of the Legislature may request a copy of the report. This bill would instead authorize the Inspector General to conduct a management review audit of any warden in the Department of Corrections or superintendent in the Department of the Youth Authority. This bill would authorize the public to request a copy of the report, as specified. Existing law requires the Inspector General to commence an investigation within 30 days of receiving a complaint of retaliation from an employee of the Youth and Adult Correctional Agency, the Department of Corrections, the Department of the Youth Authority, the Board of Corrections, the Board of Prison Terms, the Youthful Offender Parole Board, or the Inspector General. This bill would authorize the Inspector General to conduct an investigation, as provided. The bill would also specify to whom the report or a summary thereof may be disclosed. (6) Existing law authorizes the Director of General Services to purchase, exchange, or otherwise acquire real property and construct facilities, including any improvements, betterments, and related facilities, within the County of Sacramento or the City of West Sacramento, for use by the Department of Corrections and other state agencies. The Department of General Services is authorized to enter into a lease-purchase, or a lease with an option to purchase the facilities, or to contract for the acquisition, design, design-build, construction, construction management, and other services related to the design and construction of the office and parking facilities. This bill would repeal those provisions. (7) Existing law requires counties to pay to the Department of the Youth Authority a monthly fee for each person committed to the department from the county. The amount of the fee is either $150 per month or, if the person committed one of a list of specified offenses, a specified percentage of the per capita institutional cost. Existing law defines "per capita institutional cost" as the lesser of that current cost or that cost charged to counties on January 1, 1997. This bill would, as of July 1, 2003, require those counties to pay either $176 per month or a specified percentage of the per capita institutional cost. The bill would redefine "per capita institutional cost" as $36,504, adjusted annually according to increases in a specified consumer price index. (8) Existing law establishes the Department of the Youth Authority which provides facilities and services for the confinement of wards of the juvenile court. This bill would require the Department of the Youth Authority to close a facility with a specified design capacity no later than March 1, 2005. The bill would provide that up to 50% of an amount equal to the initial full year of savings accrued in the 2005-06 fiscal year, as calculated by the Department of Finance, resulting from the closure would be available to the department annually, subject to legislative approval and appropriation to implement a specified plan regarding priorities for the department. The bill would require that the plan be submitted to the Legislature, as specified. (9) The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19851.1 is added to the Government Code, to read: 19851.1. (a) (1) Notwithstanding Section 19851, the Department of Corrections shall establish a standardized overtime cap for correctional officers not to exceed 80 hours per month. (2) This subdivision shall not relieve the state of any obligation under a memorandum of understanding for State Bargaining Unit 6 in effect on January 1, 2004, and approved pursuant to Section 3517.6, relating to hours of work, overtime, or alternative work schedules. (b) Notwithstanding any other provision of law, the Department of Corrections shall not reduce the total number of filled educational positions as of June 30, 2003, if the director of the department determines that the reduction would result in a loss of day for day credits for eligible inmates. SEC. 2. Section 30061 of the Government Code is amended to read: 30061. (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Fund (SLESF), to receive all amounts allocated to a county for purposes of implementing this chapter. (b) In any fiscal year for which a county receives money to be expended for the implementation of this chapter, the county auditor shall allocate moneys in the county's SLESF, including any interest or other return earned on the investment of those moneys, within 30 days of the deposit of those moneys into the fund, and shall allocate those moneys in accordance with the requirements set forth in this subdivision. However, the auditor shall not transfer those moneys to a recipient agency until the Supplemental Law Enforcement Oversight Committee certifies receipt of an approved expenditure plan from the governing board of that agency. (1) Five and fifteen one-hundredths percent (5.15%) to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa Clara Counties, this allocation shall be made to the county director or chief of corrections. (2) Five and fifteen one hundredths percent (5.15%) to the district attorney for criminal prosecution. (3) Thirty-nine and seven-tenths percent (39.7%) to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the population research unit of the Department of Finance, and as adjusted to provide a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance but which was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESF is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESF is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. The county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESF, and moneys allocated to a city pursuant to this subdivision shall be deposited in a SLESF established in the city treasury. (4) Fifty percent (50%) to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph and to the Board of Corrections for administrative purposes. Funding for the Board of Corrections, as determined by the Department of Finance, shall not exceed two hundred seventy-five thousand dollars ($275,000). For the 2003-04 fiscal year, of the two hundred seventy-five thousand dollars ($275,000), up to one hundred seventy-six thousand dollars ($176,000) may be used for juvenile facility inspections. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. If a plan has been previously approved by the Board of Corrections, the plan shall be reviewed and modified annually by the council. The plan or modified plan shall be approved by the county board of supervisors, and in the case of a city and county, the plan shall also be approved by the mayor. The plan or modified plan shall be submitted to the Board of Corrections by May 1, 2002, and annually thereafter. (A) Juvenile justice plans shall include, but not be limited to, all of the following components: (i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families. (ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use. (iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders. (iv) Programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program. (B) Programs proposed to be funded shall satisfy all of the following requirements: (i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation. (ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate. (iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies. (iv) Adopt goals related to the outcome measures that shall be used to determine the effectiveness of the local juvenile justice action strategy. (C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following: (i) The rate of juvenile arrests per 100,000 population. (ii) The rate of successful completion of probation. (iii) The rate of successful completion of restitution and court-ordered community service responsibilities. (iv) Arrest, incarceration, and probation violation rates of program participants. (v) Quantification of the annual per capita costs of the program. (D) The Board of Corrections shall review plans or modified plans submitted pursuant to this paragraph within 30 days upon receipt of submitted or resubmitted plans or modified plans. The board shall approve only those plans or modified plans that fulfill the requirements of this paragraph, and shall advise a submitting county or city and county immediately upon the approval of its plan or modified plan. The board shall offer, and provide if requested, technical assistance to any county or city and county that submits a plan or modified plan not in compliance with the requirements of this paragraph. The SLESF shall only allocate funding pursuant to this paragraph upon notification from the board that a plan or modified plan has been approved. (E) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted: (i) Each county or city and county shall report, beginning October 15, 2002, and annually each October 15 thereafter, to the county board of supervisors and the Board of Corrections, in a format specified by the Board of Corrections, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C). (ii) The Board of Corrections shall compile the local reports and, by March 15, 2003, and annually thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county from the appropriation for the purposes of this paragraph, on the outcomes as specified in subparagraph (C) of the programs funded pursuant to this paragraph and the statewide effectiveness of the comprehensive multiagency juvenile justice plans. (c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures: (1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs. The board shall, at a public hearing held in September in each year that the Legislature appropriates funds for purposes of this chapter, consider and determine each submitted request within 60 days of receipt, pursuant to the decision of a majority of a quorum present. The board shall consider these written requests separate and apart from the process applicable to proposed allocations of the county general fund. (2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city. These written requests shall be acted upon by the city council in the same manner as specified in paragraph (1) for county appropriations. (3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district. These written requests shall be acted upon by the legislative body in the same manner specified in paragraph (1) for county appropriations. (d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b). (e) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met this requirement shall remit unspent SLESF moneys to the Controller for deposit into the General Fund. (f) In the event that a county, a city, a city and county, or a qualifying special district does not comply with the requirements of this chapter to receive an SLESF allocation, the Controller shall revert those funds to the General Fund. SEC. 2.5. Section 30070 of the Government Code is amended to read: 30070. (a) The sum of eighteen million five hundred thousand dollars ($18,500,000) is hereby annually appropriated from the General Fund to the Controller for allocation to county sheriffs' departments to enhance law enforcement efforts in the counties specified in paragraphs (1) to (37), inclusive, according to the following schedule: (1) Alpine County .................. 500,000 (2) Amador County .................. 500,000 (3) Butte County ................... 500,000 (4) Calaveras County ............... 500,000 (5) Colusa County .................. 500,000 (6) Del Norte County ............... 500,000 (7) El Dorado County................ 500,000 (8) Glenn County ................... 500,000 (9) Humboldt County ................ 500,000 (10) Imperial County ................ 500,000 (11) Inyo County .................... 500,000 (12) Kings County ................... 500,000 (13) Lake County .................... 500,000 (14) Lassen County .................. 500,000 (15) Madera County ................. 500,000 (16) Marin County ................... 500,000 (17) Mariposa County ................ 500,000 (18) Mendocino County ............... 500,000 (19) Merced County .................. 500,000 (20) Modoc County ................... 500,000 (21) Mono County .................... 500,000 (22) Napa County .................... 500,000 (23) Nevada County .................. 500,000 (24) Placer County .................. 500,000 (25) Plumas County .................. 500,000 (26) San Benito County .............. 500,000 (27) San Luis Obispo County ......... 500,000 (28) Santa Cruz County .............. 500,000 (29) Shasta County .................. 500,000 (30) Sierra County .................. 500,000 (31) Siskiyou County ................ 500,000 (32) Sutter County .................. 500,000 (33) Tehama County .................. 500,000 (34) Trinity County ................. 500,000 (35) Tuolumne County ................ 500,000 (36) Yolo County .................... 500,000 (37) Yuba County .................... 500,000 (b) Funds allocated pursuant to this section shall be used to supplement rather than supplant existing law enforcement resources. (c) The appropriation and allocation of funds to county sheriffs' departments under this section shall be suspended for the 2003-04 and 2004-05 fiscal years. SEC. 3. Section 6035 of the Penal Code is amended to read: 6035. (a) For the purpose of raising the level of competence of local corrections and probation officers and other correctional personnel, the board shall adopt, and may from time to time amend, rules establishing minimum standards for the selection and training of these personnel employed by any city, county, or city and county who provide for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged responsible for, criminal or delinquent conduct who are currently under local jurisdiction. All of these rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Any city, county, or city and county may adhere to the standards for selection and training established by the board. The board may defer the promulgation of selection standards until necessary research for job relatedness is completed. (c) Minimum training standards may include, but are not limited to, basic, entry, continuation, supervisory, management, and specialized assignments. SEC. 4. Section 6036 of the Penal Code is amended to read: 6036. For purposes of implementing this article, the board shall have the following powers: (a) Approve or certify, or both, training and education courses at institutions approved by the board. (b) Develop and operate a professional certificate program which provides recognition of achievement for local corrections and probation officers whose agencies participate in the program. (c) Adopt those regulations as are necessary to carry out the purposes of this chapter. (d) Develop and present training courses for local corrections and probation officers. (e) Perform those other activities and studies as would carry out the intent of this article. SEC. 5. Section 6037 of the Penal Code is repealed. SEC. 6. Section 6040 of the Penal Code is amended to read: 6040. There is hereby created in the State Treasury a Corrections Training Fund, which is hereby appropriated, without regard to fiscal years, exclusively for the costs of administration, the development of appropriate standards, the development of training, and program evaluation pursuant to this article. SEC. 7. Section 6041 of the Penal Code is repealed. SEC. 8. Section 6042 of the Penal Code is repealed. SEC. 9. Section 6043 of the Penal Code is repealed. SEC. 10. Section 6051 of the Penal Code is amended to read: 6051. The Inspector General may conduct a management review audit of any warden in the Department of Corrections or superintendent in the Department of the Youth Authority. The management review audit shall include, but not be limited to, issues relating to personnel, training, investigations, and financial matters. The audit report shall be submitted to the secretary of the agency, and the respective director for evaluation and for any response deemed necessary. Any Member of the Legislature or the public may request and shall be provided with a copy of any audit by the Inspector General, including a management review audit or a special audit or review. A report that involves potential criminal investigations or prosecution or security practices and procedures shall be considered confidential, and its disclosure shall not be required under this section. SEC. 11. Section 6129 of the Penal Code is amended to read: 6129. (a) (1) For purposes of this section, "employee" means any person employed by the Youth and Adult Correctional Agency, the Department of Corrections, the Department of the Youth Authority, the Board of Corrections, the Board of Prison Terms, the Youthful Offender Parole Board, or the Inspector General. (2) For purposes of this section, "retaliation" means intentionally engaging in acts of reprisal, retaliation, threats, coercion, or similar acts against another employee who has done either of the following: (A) Has disclosed or is disclosing to any employee at a supervisory or managerial level, what the employee, in good faith, believes to be improper governmental activities. (B) Has cooperated or is cooperating with any investigation of improper governmental activities. (b) (1) Upon receiving a complaint of retaliation from an employee, the Inspector General may commence an investigation. All investigations conducted pursuant to this section shall be performed, where applicable, in accordance with the requirements of Chapter 9.7 (commencing with Section 3300) of Title 1 of Division 4 of the Government Code. (2) When investigating a complaint, in determining whether retaliation has occurred, the Inspector General shall consider, among other things, whether any of the following either actually occurred or were threatened: (A) Unwarranted or unjustified staff changes. (B) Unwarranted or unjustified letters of reprimand or other disciplinary actions, or unsatisfactory evaluations. (C) Unwarranted or unjustified formal or informal investigations. (D) Engaging in acts, or encouraging or permitting other employees to engage in acts, that are unprofessional, or foster a hostile work environment. (E) Engaging in acts, or encouraging or permitting other employees to engage in acts, that are contrary to the rules, regulations, or policies of the workplace. (3) Upon authorization of the complainant employee, the Inspector General may release the findings of the investigation of alleged retaliation to the State Personnel Board for appropriate action. (c) Any employee at any rank and file, supervisory, or managerial level, who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against another employee, pursuant to paragraph (2) of subdivision (a), shall be disciplined by adverse action as provided in Section 19572 of the Government Code. If no adverse action is taken, the State Personnel Board shall invoke adverse action proceedings as provided in Section 19583.5 of the Government Code. (d) (1) In addition to all other penalties provided by law, including Section 8547.8 of the Government Code or any other penalties that the sanctioning authority may determine to be appropriate, any state employee at any rank and file, supervisory, or managerial level found by the State Personnel Board to have intentionally engaged in acts of reprisal, retaliation, threats, or coercion shall be suspended for not less than 30 days without pay, and shall be liable in an action for damages brought against him or her by the injured party. If the State Personnel Board determines that a lesser period of suspension is warranted, the reasons for that determination must be justified in writing in the decision. (2) Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability has been established, the injured party also shall be entitled to reasonable attorney's fees as provided by law. (e) Nothing in this section shall prohibit the employing entity from exercising its authority to terminate, suspend, or discipline an employee who engages in conduct prohibited by this section. (f) The Inspector General, the Youth and Adult Correctional Agency, the Department of the Youth Authority, the Department of Corrections, the Board of Corrections, the Youthful Offender Parole Board, and the Board of Prison Terms shall refer matters involving criminal conduct to the proper law enforcement authorities in the appropriate jurisdiction for further action. The entity making a referral to the local district attorney shall also notify the Attorney General of the action. If the local district attorney refuses to accept the case, he or she shall notify the referring entity who shall subsequently refer the matter to the Attorney General. If the local district attorney has not acted on the matter, the referring entity shall notify the Attorney General. It is the intent of the Legislature that the Department of Justice avoid any conflict of interest in representing the State of California in any civil litigation that may arise in a case in which an investigation has been or is currently being conducted by the Bureau of Investigation by contracting when necessary for private counsel. (g) Upon the completion of any investigation, the Inspector General shall prepare a written report, which shall be held as confidential and disclosed in confidence, only to the Secretary of the Youth and Adult Correctional Agency, the Governor, and the appropriate director or law enforcement agency. A summary of the report's findings and conclusions shall be made available, upon request, to the person who requested the investigation, the person or persons who were the subjects of the investigation, and to any Member of the Legislature. (h) Nothing in this section shall preclude the office of the Inspector General from following all applicable laws regarding confidentiality, including, but not limited to, the California Public Records Act, the Public Safety Officers Procedural Bill of Rights, the Information Practices Act of 1977, the Confidentiality of Medical Information Act, and the provisions of Section 832.7 relating to the disposition notification for complaints against peace officers. SEC. 12. Section 14669.20 of the Government Code is repealed. SEC. 13. Section 912 of the Welfare and Institutions Code is amended to read: 912. Effective July 1, 2003, for each person committed to the Department of the Youth Authority, the county from which he or she is committed shall pay the state one hundred seventy-six dollars ($176) per month for the time that person remains in any institution under the direct supervision of the Department of the Youth Authority, or in any institution, boarding home, foster home, or other private or public institution in which he or she is placed by the Department of the Youth Authority, on parole or otherwise, and cared for and supported at the expense of the Department of the Youth Authority. This section applies to any person committed to the Department of the Youth Authority by a juvenile court, including persons committed to the Department of the Youth Authority prior to July 1, 2003, who on or after July 1, 2003, remain in or return to the facilities described in this section. The Department of the Youth Authority shall present to the county, not more frequently than monthly, a claim for the amount due the state under this section, which the county shall process and pay pursuant to Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. SEC. 14. Section 912.1 of the Welfare and Institutions Code is amended to read: 912.1. (a) The Department of the Youth Authority shall present to each county, not more frequently than monthly, a statement of per capita institutional cost. (b) As of July 1, 2003, "per capita institutional cost," as used in this section and Section 912.5, means thirty-six thousand five hundred four dollars ($36,504). (c) The "per capita institutional cost" set forth in subdivision (b) shall be adjusted annually, on July 1, to reflect any increases in the California Consumer Price Index for All Urban Consumers, as published by the California Department of Industrial Relations, based on regional data from the United States Department of Labor, Bureau of Labor Statistics. SEC. 15. (a) The Department of the Youth Authority shall close a facility with a design capacity of at least 640 as identified by the department, no later than March 1, 2005. Up to 50 percent of an amount equal to the initial full year of savings accrued in the 2005-06 fiscal year, as calculated by the Department of Finance, resulting from this closure shall be available to the department annually, subject to legislative approval and appropriation through the budget process, to implement a plan as provided in this section. (b) The plan shall be developed by an advisory committee chaired by the director of the department or his or her designee, and shall include, at a minimum, a department representative experienced in institutional treatment services, a department representative currently working in parole services, a member of the Youth Authority Board, a victim's representative knowledgeable about the department, one chief probation officer, one administrator of a group home serving delinquent youth, a juvenile justice advocate experienced in matters pertaining to the department, a mental health professional knowledgeable about the treatment needs of delinquent youth, a representative from the Assembly, a representative from the Senate, and any other person identified by the director. The plan shall include any quantifiable savings from reduced recidivism. The plan shall describe strategies to implement the following priorities for the department, and shall identify appropriate benchmarks to measure the success of the department in implementing the following priorities: (1) Enhanced parole services to improve ward performance upon release and enhance long-term public safety, including transitional housing, vocational and educational counseling and placement, maintenance of substance abuse treatment protocols, and improved supervision designed to ensure parole success. (2) Improved mental health professional staff-to-ward ratios. (3) Improved diagnosis and treatment of wards who require mental health treatment, including the prompt mental health assessment of wards upon intake and effective subsequent institutional care. (4) Improved sex offender treatment, including expanding treatment availability to include more wards who are sex offenders. (5) Improved institutional substance abuse treatment services, including expanding treatment availability to serve more wards requiring treatment and condensing the duration of these services in conformity with best practices identified by the professional substance abuse treatment community. (6) The development and implementation of a statistically significant methodology for tracking the ward population for no less than five years after release from the department's custody for the purposes of measuring recidivism, including, but not limited to, tracking arrests and convictions. (7) Other priorities as the director deems appropriate. (c) The plan required by this section shall be submitted to the Legislature at the same time the Governor's May revision of the Budget is submitted to the Legislature in May of 2004. SEC. 16. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide for the orderly implementation of the Budget Act of 2003, it is necessary for this act to take effect immediately.