BILL NUMBER: SB 81 CHAPTERED
BILL TEXT
CHAPTER 175
FILED WITH SECRETARY OF STATE AUGUST 24, 2007
APPROVED BY GOVERNOR AUGUST 24, 2007
PASSED THE ASSEMBLY JULY 20, 2007
PASSED THE SENATE AUGUST 21, 2007
AMENDED IN ASSEMBLY JULY 19, 2007
AMENDED IN ASSEMBLY JULY 16, 2007
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 17, 2007
An act to amend Sections 15819.40, 15819.401, 15819.41, 15819.411,
and 15820.907 of the Government Code, to amend Sections 1557,
4016.5, 4750, 4758, 6005, 6051, 6126, 7000, and 7003.5 of, and to add
Sections 2063, 3007, and 7050 to, the Penal Code, to amend Sections
208.5, 731, 736, 1731.5, 1766, 1767.3, and 1776 of, to amend and
repeal Section 1798.5 of, to add Sections 731.1 and 1767.35 to, to
add Chapter 1.5 (commencing with Section 1950) to Division 2.5 of,
and to repeal and add Section 733 of, the Welfare and Institutions
Code, relating to corrections, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 81, Committee on Budget and Fiscal Review. Corrections.
Existing law authorizes the Department of Corrections and
Rehabilitation to design, construct, or renovate prison housing
units, support buildings, and programming space in order to add
approximately 7,000 beds, to design, construct, or renovate prison
housing units, support buildings, and programming space in order to
add approximately 4,000 beds to existing prison facilities, and to
add additional beds for medical treatment and housing, as specified.
Existing law authorizes the issuance of bonds for purposes of
financing these projects, as specified.
This bill would require the department to conduct site assessments
in connection with determining where to construct or renovate
housing units pursuant to the projects described above, and to report
those assessments to the Joint Legislative Budget Committee as
specified. The bill would provide that specified reporting
requirements apply separately to each institution or facility. The
bill would require additional reports by the department to the Joint
Legislative Budget Committee concerning the budgets, schedules,
allocations from funds for the projects, and other items, in
connection with the projects described above.
Existing law requires the Department of Corrections and
Rehabilitation to prepare and update a master plan concerning
construction and renovation of facilities under the department's
jurisdiction for which funds have been appropriated by the
Legislature. Existing law generally defines items to be included in
the master plan.
This bill would specify additional items to be included in the
master plan relative to the construction and renovation projects
described above.
Existing law provides state financing for construction siting of
county jails, subject to matching funds from counties, as specified.
Existing law requires the Department of Corrections and
Rehabilitation and the Corrections Standards Authority to give
funding preference for those purposes to counties that assist the
state in siting reentry facilities, as specified.
This bill would require the Corrections Standards Authority, to
the extent possible, to ensure that funds for the construction of new
jail beds be coordinated with the Department of Correction and
Rehabilitation's efforts to site new reentry facilities.
Existing law establishes the Department of Corrections and
Rehabilitation, and charges it with various duties.
This bill would require the Department of Corrections and
Rehabilitation, by January 10 of each year, to provide to the Joint
Legislative Budget Committee operational and fiscal information to be
displayed in the Governor's proposed budget, and other operational
and fiscal data, as specified. The bill would declare the intent of
the Legislature in that regard.
Existing law authorizes the Department of Corrections and
Rehabilitation to develop and implement, as specified, relapse
prevention treatment programs to reduce the recidivism of sex
offenders.
This bill would require the department to include a research
component to each relapse prevention treatment program contracted for
by the department.
Existing law authorizes the Inspector General to conduct a
management review audit of any warden in the Department of
Corrections and Rehabilitation. Existing law also requires the
Inspector General to audit each warden and institution, as specified.
This bill would require the management review audit to include an
assessment of the maintenance of the facility managed by the warden.
This bill would also include, within the required audit of wardens
and facilities, issues relating to personnel, training,
investigations, financial matters, and an assessment of the
maintenance of the facility managed by the warden, as specified.
Existing law authorizes local jurisdictions to present claims for
reimbursement to the Department of Corrections and Rehabilitation for
detention costs associated with persons under the jurisdiction of
the state, as specified.
This bill would require the local jurisdiction to submit any of
those claims to the department within 6 months after the close of the
month in which the costs are incurred. If the claims are not
submitted within that time, the bill would prohibit the reimbursement
of the claims.
Existing law appropriates $300,000,000 for capital outlay to be
allocated to renovate, improve, or expand infrastructure capacity at
existing prison facilities. Existing law also authorizes the funds to
be used for land acquisition, environmental services, architectural
programming, engineering assessments, schematic design, preliminary
plans, working drawings, and construction.
This bill would require the Department of Corrections and
Rehabilitation to report to the Joint Legislative Budget Committee on
the funds appropriated pursuant to existing law. This bill would
also subject the projects for which funds are appropriated pursuant
to existing law to approval and administrative oversight by the State
Public Works Board, as specified.
Existing law provides, in any case in which a minor who is
detained in or committed to a county institution established for the
purpose of housing juveniles attains 18 years of age prior to or
during the period of detention or confinement, that he or she may be
allowed to come or remain in contact with those juveniles until 19
years of age, at which time he or she, upon the recommendation of the
probation officer, shall be delivered to the custody of the sheriff
for the remainder of the time he or she remains in custody, unless
the juvenile court orders continued detention in a juvenile facility.
This bill would provide, if continued detention is ordered for a
ward who is 19 years of age or older but under 21 years of age, that
he or she may be allowed to come into or remain in contact with any
other person detained in the institution. The bill would require the
county to apply to the Corrections Standards Authority for approval
of a county institution established for the purpose of housing
juveniles as a suitable place for confinement before the institution
is used for the detention or commitment of an individual under the
jurisdiction of the juvenile court who is 19 years of age or older
but under 21 years of age where the detained person will come into or
remain in contact with persons under 18 years of age who are
detained in the institution.
Existing law authorizes the juvenile court to make specified
orders, including an order to commit a ward to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, if a
minor is adjudged a ward of the court for violating any law or
ordinance defining a crime, except as specified. Under existing law,
only those persons convicted of a public offense who are found to be
less than 21 years of age at the time of apprehension, are not
sentenced to death, life imprisonment, imprisonment for 90 days or
less, or the payment of a fine, and are not granted probation, or
whose probation has been revoked and terminated, may be committed by
the juvenile court to the division.
This bill would, commencing September 1, 2007, restrict the
authority of the juvenile court to order the commitment of a ward to
the division to those wards who have committed specified offenses. By
changing the counties' responsibilities with respect to juvenile
offenses, this bill would impose a state-mandated local program.
The bill would authorize the court committing a ward to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, to recall that commitment in the case of any ward whose
commitment offense was not any of the specified offenses referenced
above, unless the offense was a specified sex offense, and who
remains confined in an institution operated by the division as of
September 1, 2007. The bill would require the court to set and
convene a recall disposition hearing for the purpose of ordering an
appropriate alternative disposition for the ward.
Existing law prohibits the commitment of a ward of the juvenile
court to the division who is under 11 years of age, or who is
suffering from any contagious, infectious, or other disease, as
specified.
This bill would, commencing September 1, 2007, also prohibit the
commitment to the division of a ward who has been or is adjudged a
ward of the court, and the most recent offense alleged in any
petition and admitted or found to be true by the court is not any of
the specified offenses referenced above, unless the offense was a
specified sex offense. The bill would make conforming changes.
Under existing law, if a person has been committed to the Division
of Juvenile Facilities, the Board of Parole Hearings is authorized,
among other things, to permit the ward his or her liberty under
supervision and upon conditions, as specified, order confinement of
the ward, order reconfinement or renewed release under supervision,
or revoke or modify any parole or disciplinary appeal order.
This bill would, commencing September 1, 2007, make these powers
of the board subject to the provisions described above and below, and
would provide that the county of commitment shall supervise the
parole of any ward released on parole who was committed to the
custody of the division for committing an offense other than those
referenced above. The bill would require the court to set and convene
a parole disposition hearing, as specified, and would provide that
the division shall have no further jurisdiction over the ward. By
changing the counties' responsibilities with respect to juvenile
offenses, the bill would impose a state-mandated local program.
Existing law authorizes the Board of Parole Hearings to suspend,
cancel, or revoke any parole and order returned to custody of the
Division of Juvenile Facilities any person committed to the division
who is on parole.
This bill would provide, commencing September 1, 2007, that any
parolee under the jurisdiction of the Division of Juvenile Parole
Operations shall be returned to the custody of the Division of
Juvenile Facilities if the parolee is under the jurisdiction of the
division for the commission of an offense referenced above, or to the
custody of the county of commitment if the parolee is under the
jurisdiction of the division for the commission of an offense other
than those referenced above.
Existing law establishes within the Department of Corrections and
Rehabilitation the State Commission on Juvenile Justice, which is
comprised of 11 members whom are appointed, as specified, by the
Senate Committee on Rules, the Speaker of the Assembly, the
chairperson of the Judicial Council, and the Governor, after
consultation with, and with the advice of, the secretary of the
department, and with the advice and consent of the Senate.
This bill would change the composition of the State Commission on
Juvenile Justice to 12 members, to include, among others, a
representative of counties, a director of a county human services
agency, an attorney with expertise in the area of juvenile justice
policy, and a director of a county mental health agency, to be
appointed by specified persons and entities, as described, and would
abolish the commission on January 1, 2009.
Existing law requires the county of commitment to make specified
payments to the state for each person committed to the Division of
Juvenile Facilities, including a percentage of per capita
institutional cost.
This bill would establish the Youthful Offender Block Grant
Program, commencing September 1, 2007, to enhance the capacity of
county departments to provide appropriate rehabilitative and
supervision services to youthful offenders, and would require the
State Commission on Juvenile Justice to develop a Juvenile Justice
Operational Master Plan for that purpose, as specified. The bill
would require the Director of Finance to determine the total amount
of the block grant pursuant to a specified formula and the allocation
for each county, and to report those findings to the Controller who
would then make an allocation to each county from the Youthful
Offender Block Grant Fund, as established by this bill. The bill
would provide for an annual increase in those amounts. The bill would
require each county, on or before January 1, 2008, to prepare and
submit to the Corrections Standards Authority for approval a Juvenile
Justice Development Plan for youthful offenders that includes a
description of the programs, placements, services, or strategies to
be funded by the block grant allocation. By increasing the duties of
local officials, the bill would impose a state-mandated local
program.
This bill would authorize the Department of Corrections and
Rehabilitation, a participating county, as defined, and the State
Public Works Board to enter into a construction agreement in order to
acquire, design, renovate, or construct a local youthful offender
rehabilitative facility approved by the Corrections Standards
Authority, as specified. This bill would authorize the board to issue
up to $100,000,000 in revenue bonds, notes, or bond anticipation
notes to finance the acquisition, design, renovation, or construction
of approved local youthful offender rehabilitative facilities and
would appropriate those funds for that purpose. This bill would
provide that these provisions would become inoperative on June 30,
2017.
The bill would make a specified statement of legislative intent
regarding the adequacy of the funding for the state mandate.
Existing law generally regulates the conditions of confinement for
inmates and wards in state institutions and facilities. Existing law
generally authorizes contracting by the state for the provision of
specified services in connection with state institutions and
facilities.
This bill would require the Department of General Services, in
coordination with the Department of Technology Services, pursuant to
other provisions of existing law, to amend contracts that provide
telephone services to inmates and wards in state facilities in order
to limit the amount of state concession fees per a prescribed
schedule over several fiscal years, as specified.
Existing law appropriates $50,000,000 to the Department of
Corrections and Rehabilitation to supplement funds for rehabilitation
and treatment of prison inmates and parolees. The funds may be used
for staffing, contracts, and other services that include academic and
vocational services, substance abuse treatment, and mental health
treatment.
This bill would provide that those funds shall be used for
developing prison-to-employment programs, expanding substance abuse
programs for inmates and parolees, developing and implementing a risk
assessment and needs assessment for inmates, establishing and
funding day treatment services for mentally ill parolees, and
expanding educational and vocational programs for inmates.
Existing law establishes within the Department of Corrections and
Rehabilitation the Corrections Standards Authority which is charged
with studying crime, as specified, with particular reference to
conditions in California.
This bill would provide that the Corrections Standards Authority
shall allocate funding for 2 one-time probation pilot projects, as
specified. Each pilot project shall be funded at $5,000,000 and shall
be provided to one county probation department, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would provide that its provisions are severable.
This bill would declare that it is to take effect immediately as
urgency statutes.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15819.40 of the Government Code is amended to
read:
15819.40. (a) (1) (A) The Department of Corrections and
Rehabilitation shall design, construct, or renovate prison housing
units, prison support buildings, and programming space in order to
add approximately 7,484 beds at the following prison facilities:
(i) Pleasant Valley State Prison.
(ii) Pelican Bay State Prison.
(iii) California State Prison, Los Angeles County.
(iv) Calipatria State Prison.
(v) Centinela State Prison.
(vi) Salinas Valley State Prison.
(vii) Kern Valley State Prison.
(viii) Wasco State Prison.
(ix) North Kern State Prison.
(x) Mule Creek State Prison.
(B) The department shall complete site assessments at prison
facilities at which it intends to construct or renovate additional
housing units, support buildings, and programming space. The
department may use the funding provided in Section 28 of Chapter 7 of
the Statutes of 2007 to complete these site assessments. After
completing these site assessments, the department shall define the
scope and cost of each project pursuant to subdivision (d).
(C) The authority contained in subparagraphs (A) and (B) may be
used to develop approximately 12,000 new prison beds including
appropriate programmatic space pursuant to paragraph (2) of
subdivision (a) and, together with the funds appropriated in Section
15819.403 for this purpose, shall constitute the scope of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11 as described in Section 15819.401.
(2) Any new beds constructed pursuant to this section shall be
supported by rehabilitative programming for inmates, including, but
not limited to, education, vocational programs, substance abuse
treatment programs, employment programs, and prerelease planning.
(3) The purpose of beds constructed pursuant to this section is to
replace the temporary beds currently in use, and they are not
intended to house additional inmates. For the purposes of this
section, "temporary beds" shall be defined as those that are placed
in gymnasiums, classrooms, hallways, or other public spaces that were
not constructed for the purpose of housing inmates.
(b) The Department of Corrections and Rehabilitation may acquire
land, design, construct, and renovate reentry program facilities to
provide housing for approximately 6,000 inmates as authorized in
Chapter 9.8 (commencing with Section 6271) of the Penal Code and,
together with the funds appropriated in Section 15819.403 for this
purpose, this shall constitute the scope and cost of a single capital
outlay project for purposes of calculating augmentations pursuant to
Section 13332.11 as described in Section 15819.401.
(c) The Department of Corrections and Rehabilitation is authorized
to construct and establish new buildings at facilities under the
jurisdiction of the department to provide medical, dental, and mental
health treatment or housing for approximately 6,000 inmates and,
together with the funds appropriated in Section 15819.403 for this
purpose, this shall constitute the scope and cost of a single capital
outlay project for purposes of calculating augmentations pursuant to
Section 13332.11 as described in Section 15819.401.
(d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established individually by the
State Public Works Board. The amount of the total appropriations in
Section 15819.403 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
may be allocated based on current estimates. These initial
allocations may be adjusted commensurate to changes that occur during
the progression of the projects. As allocations are made or
adjusted, the anticipated deficit or savings shall be continuously
tracked and reported. Once the total appropriation has been
allocated, any augmentation necessary to fund an anticipated deficit
shall be based on the total applicable capital outlay appropriation
in Section 15819.403 and applied to each project allocation as
necessary.
(2) For each institution, the Department of Corrections and
Rehabilitation shall report to the Joint Legislative Budget Committee
identifying those projects that the department proposes to
undertake, and any support buildings, and programming space to
support approximately 12,000 new beds at existing institutions. For
each institution the department shall describe the scope, budget,
schedule, number of beds by security level, along with approximate
square footage of prison support buildings, and programming space to
be constructed or renovated. If after providing these reports, the
committee fails to take any action with respect to each report within
30 days after submittal, this inaction shall be deemed to be
approval for purposes of this section, and the department is
authorized to proceed to design, construct, or renovate prison
housing units, support buildings, and programming space for each
institution for which a report has been approved.
(3) The department shall notify the Joint Legislative Budget
Committee 45 days prior to the submission of preliminary plans to the
board for each project authorized in this section. If after
providing these notifications, the committee fails to take any action
with respect to each report within 45 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to design, construct, or renovate
prison housing units, support buildings, and programming space for
each institution for which a report has been approved.
(4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.403 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (b) shall be considered to be a separate
project for reporting purposes pursuant to Sections 7000 and 7003.5
of the Penal Code. Each medical, mental health, or dental building
improvement authorized under subdivision (c) shall be considered to
be a separate project, except that building improvements that have a
related purpose and that are located at the same prison may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.
SEC. 2. Section 15819.401 of the Government Code is amended to
read:
15819.401. The scope and costs of the projects authorized by this
chapter shall be subject to approval and administrative oversight by
the State Public Works Board, including augmentations, pursuant to
Section 13332.11. For purposes of this chapter, the availability of
an augmentation for each individual project allocation shall be
calculated based on the total applicable capital outlay appropriation
contained in Section 15819.403 and is not limited to 20 percent of
the individual project allocation.
SEC. 3. Section 15819.41 of the Government Code is amended to
read:
15819.41. (a) The Department of Corrections and Rehabilitation
shall complete site assessments at prison facilities where it intends
to construct or renovate additional prison housing units, prison
support buildings, and programming space in order to add
approximately 4,000 beds at existing prison facilities. The
department may use the funding provided in Section 28 of Chapter 7 of
the Statutes of 2007 to complete the site assessments. After
completing these site assessments the department shall define the
scope and costs of each project pursuant to subdivision (d). This
authorization is in addition to the authorization in subdivision (a)
of Section 15891.40. Any new beds constructed shall be supported by
rehabilitative programming for inmates, including, but not limited
to, education, vocational programs, substance abuse treatment
programs, employment programs, and prerelease planning. The
Department of Corrections and Rehabilitation is authorized to design,
construct, or renovate prison housing units, prison support
buildings, and programming space in order to add approximately 4,000
beds at existing prison facilities. This authorization is in addition
to the authorization in subdivision (a) of Section 15819.40. Any new
beds constructed shall be supported by rehabilitative programming
for inmates, including, but not limited to, education, vocational
programs, substance abuse treatment programs, employment programs,
and prerelease planning. The authority contained in this subparagraph
together with the funds appropriated in Section 15819.413 for this
purpose, shall constitute the scope and cost of a single capital
outlay project for purposes of calculating augmentations pursuant to
Section 13332.11 as described in Section 15819.411.
(b) The Department of Corrections and Rehabilitation is authorized
to design and construct new, or renovate existing buildings at
facilities under the jurisdiction of the department to provide
medical, dental, and mental health treatment or housing for
approximately 2,000 inmates. This authorization is in addition to the
authorization in subdivision (c) of Section 15819.40. The authority
contained in this subparagraph together with the funds appropriated
in Section 15819.413 for this purpose, shall constitute the scope and
cost of a single capital outlay project for purposes of calculating
augmentations pursuant to Section 13332.11 as described in Section
15819.411.
(c) The Department of Corrections and Rehabilitation is authorized
to construct, establish, and operate reentry program facilities
throughout the state that will house approximately 10,000 inmates
pursuant to Section 6271.1 of the Penal Code, and together with the
funds appropriated in Section 15819.413 for this purpose, this shall
constitute the scope and cost of a single capital outlay project for
purposes of calculating augmentations pursuant to Section 13332.11 as
described in Section 15819.411.
(d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established by the State Public
Works Board individually. The amount of the total appropriations in
Section 15819.413 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
may be allocated based on current estimates. These initial
allocations may be adjusted commensurate to changes that occur during
the progression of the projects. As allocations are made or
adjusted, the anticipated deficit or savings shall be continuously
traced and reported. Once the total appropriation has been allocated,
any augmentation necessary to fund an anticipated deficit shall be
based on the total applicable capital outlay appropriation in Section
15819.413 and applied to each project allocation as necessary.
(2) For each institution, the department shall report to the Joint
Legislative Budget Committee, identifying those projects that the
department proposes to undertake, and any support buildings, and
programming space to support approximately 4,000 new beds at existing
institutions. For each institution, the department shall describe
the scope, budget, schedule, number of beds by security level, along
with approximate square footage of prison support buildings, and
programming space to be constructed or renovated. If after providing
these reports, the committee fails to take any action with respect to
each report within 30 days after submittal, this inaction shall be
deemed to be approval for purposes of this section, and the
department is authorized to proceed to design, construct, or renovate
prison housing units, support buildings, and programming space for
each institution for which a report has been approved.
(3) The Department of Corrections and Rehabilitation shall notify
the Joint Legislative Budget Committee 45 days prior to the
submission of preliminary plans to the board for each project
authorized in this section. If after providing these notifications,
the committee fails to take any action with respect to each report
within 45 days after submittal, this inaction shall be deemed to be
approval for purposes of this section, and the department is
authorized to design, construct, or renovate prison housing units,
support buildings, and programming space for each institution for
which a report has been approved.
(4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.413 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (c) shall be considered to be a separate
project. Each medical, mental health, or dental building improvement
authorized under subdivision (b) shall be considered to be a
separate project, except that building improvements that have a
related purpose and that are located at the same prison may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.
SEC. 4. Section 15819.411 of the Government Code is amended to
read:
15819.411. The scope and costs of the projects authorized by this
chapter shall be subject to approval and administrative oversight by
the State Public Works Board, including augmentations, pursuant to
Section 13332.11. For purposes of this chapter, the availability of
an augmentation for each individual project allocation shall be
calculated based on the total applicable capital outlay appropriation
contained in Section 15819.413 and is not limited to 20 percent of
the individual project allocation.
SEC. 5. Section 15820.907 of the Government Code is amended to
read:
15820.907. (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of 25 percent of the
total project costs. The CSA may reduce matching fund requirements
for participating counties with a general population below 200,000
upon petition by a participating county to the CSA requesting a lower
level of matching funds.
(b) The CDCR and CSA shall give funding preference to counties
that assist the state in siting reentry facilities, pursuant to
Section 6270. The CSA shall, to the extent possible, ensure that
funds for the construction of new jail beds be coordinated with CDCR'
s efforts to site new reentry facilities.
(c) The CDCR and CSA shall give funding preference to counties
that assist the state in siting mental health day treatment and
crisis care, pursuant to Section 3073 of the Penal Code, and to
counties that provide a continuum of care so that parolees with
mental health and substance abuse needs can continue to receive
services at the conclusion of their period of parole.
SEC. 6. Section 1557 of the Penal Code is amended to read:
1557. (a) This section shall apply when this state or a city,
county, or city and county employs a person to travel to a foreign
jurisdiction outside this state for the express purpose of returning
a fugitive from justice to this state when the Governor of this
state, in the exercise of the authority conferred by Section 2 of
Article IV of the United States Constitution, or by the laws of this
state, has demanded the surrender of the fugitive from the executive
authority of any state of the United States, or of any foreign
government.
(b) Upon the approval of the Governor, the State Controller shall
audit and pay out of the State Treasury as provided in subdivision
(c) or (d) the accounts of the person employed to bring back the
fugitive, including any money paid by that person for all of the
following:
(1) Money paid to the authorities of a sister state for statutory
fees in connection with the detention and surrender of the fugitive.
(2) Money paid to the authorities of the sister state for the
subsistence of the fugitive while detained by the sister state
without payment of which the authorities of the sister state refuse
to surrender the fugitive.
(3) Where it is necessary to present witnesses or evidence in the
sister state, without which the sister state would not surrender the
fugitive, the cost of producing the witnesses or evidence in the
sister state.
(4) Where the appearance of witnesses has been authorized in
advance by the Governor, who may authorize the appearance in unusual
cases where the interests of justice would be served, the cost of
producing witnesses to appear in the sister state on behalf of the
fugitive in opposition to his or her extradition.
(c) No amount shall be paid out of the State Treasury to a city,
county, or city and county except as follows:
(1) When a warrant has been issued by any magistrate after the
filing of a complaint or the finding of an indictment and its
presentation to the court and filing by the clerk, and the person
named therein as defendant is a fugitive from justice who has been
found and arrested in any state of the United States or in any
foreign government, the county auditor shall draw his or her warrant
and the county treasurer shall pay to the person designated to return
the fugitive, the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(2) If the person designated to return the fugitive is a city
officer, the city officer authorized to draw warrants on the city
treasury shall draw his or her warrant and the city treasurer shall
pay to that person the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(3) The person designated to return the fugitive shall make no
disbursements from any funds advanced without a receipt being
obtained therefor showing the amount, the purpose for which the sum
is expended, the place, the date, and to whom paid.
(4) A receipt obtained pursuant to paragraph (3) shall be filed by
the person designated to return the fugitive with the county auditor
or appropriate city officer or State Controller, as the case may be,
together with an affidavit by the person that the expenditures
represented by the receipts were necessarily made in the performance
of duty, and when the advance has been made by the county or city
treasurer to the person designated to return the fugitive, and has
thereafter been audited by the State Controller, the payment thereof
shall be made by the State Treasurer to the county or city treasury
that has advanced the funds.
(5) In every case where the expenses of the person employed to
bring back the fugitive as provided in this section, are less than
the amount advanced on the recommendation of the district attorney,
the person employed to bring back the fugitive shall return to the
county or city treasurer, as appropriate, the difference in amount
between the aggregate amount of receipts so filed by him or her, as
herein employed, and the amount advanced to the person upon the
recommendation of the district attorney.
(6) When no advance has been made to the person designated to
return the fugitive, the sums expended by him or her, when audited by
the State Controller, shall be paid by the State Treasurer to the
person so designated.
(7) Any payments made out of the State Treasury pursuant to this
section shall be made from appropriations for the fiscal year in
which those payments are made.
(d) Payments to state agencies will be made in accord with the
rules of the California Victim Compensation and Government Claims
Board. No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
SEC. 7. Section 2063 is added to the Penal Code, to read:
2063. (a) It is the intent of the Legislature that the Department
of Corrections and Rehabilitation shall regularly provide
operational and fiscal information to the Legislature to allow it to
better assess the performance of the department in critical areas of
operations, including to both evaluate the effectiveness of
department programs and activities, as well as assess how efficiently
the department is using state resources.
(b) No later than January 10 of each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee operational and fiscal information to be displayed
in the Governor's proposed budget. This information shall include
data for the three most recently ended fiscal years, and shall
include, but is not limited to, the following:
(1) Per capita costs, average daily population, and offender to
staff ratios for each of the following:
(A) Adult inmates housed in state prisons.
(B) Adult inmates housed in Community Correctional Facilities and
out-of-state facilities.
(C) Adult parolees supervised in the community.
(D) Juvenile wards housed in state facilities.
(E) Juvenile parolees supervised in the community.
(2) Total expenditures and average daily population for each adult
and juvenile institution.
(3) Number of established positions and percent of those positions
vacant on June 30 for each of the following classifications within
the department:
(A) Correctional officer.
(B) Correctional sergeant.
(C) Correctional lieutenant.
(D) Parole agent.
(E) Youth correctional counselor.
(F) Youth correctional officer.
(G) Physician.
(H) Registered nurse.
(I) Psychiatrist.
(J) Psychologist.
(K) Dentist.
(L) Teacher.
(M) Vocational instructor.
(N) Licensed vocational nurse.
(4) Average population of juvenile wards classified by board
category.
(5) Average population of adult inmates classified by security
level.
(6) Average population of adult parolees classified by supervision
level.
(7) Number of new admissions from courts, parole violators with
new terms, and parole violators returned to custody.
(8) Number of probable cause hearings, revocation hearings, and
parole suitability hearings conducted.
(9) For both adult and juvenile facilities, the number of budgeted
slots, actual enrollment, and average daily attendance for
institutional academic and vocational education and substance abuse
programs.
(10) Average population of mentally ill offenders classified by
Correctional Clinical Case Management System or Enhanced Outpatient
Program status, as well as information about mentally ill offenders
in more acute levels of care.
(c) No later than January 10 of each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee a supplemental report containing operational and
fiscal information in addition to data provided in subdivision (b).
To the extent possible and relevant, the department shall seek to
keep the categories of information provided the same each year so as
to provide consistency. This report shall contain information for the
three most recently ended fiscal years, and shall include, but is
not limited to, data on the operational level and outcomes associated
with the following categories:
(1) Adult prison security operations, including use of
disciplinary measures and special housing assignments such as
placements in administrative segregation, Security Housing Units, and
sensitive needs yards, identifying these placements by offender
categories such as security level and mental health classification.
(2) Adult prison education and treatment programs, including
academic education, vocational training, prison industries, substance
abuse treatment, and sex offender treatment.
(3) Adult prison health care operations, including medical,
mental, and dental health.
(4) Adult parole operations, including number of discharges from
parole supervision and provision of various treatment and sanction
programs.
(5) Board of Parole Hearings, including the total number of parole
suitability hearings scheduled for inmates serving life sentences
each year, the number of parole suitability hearings postponed each
year and the reasons for postponement, and the backlog of parole
suitability hearings.
(5.1) Board of Parole Hearings, including the total number of
adult parole revocation cases with probable cause hearings scheduled
each year, the percent of parole revocation cases with probable cause
hearings held within 10 business days, as well as the percent of
adult parole revocation cases completed within 35 calendar days.
(6) Juvenile institution security operations, including use of
disciplinary measures and special housing assignments such as special
management programs, as well as the impact of time that adds or cuts
the length of confinement.
(7) Juvenile institutional education and treatment programs,
including academic education, vocational training, substance abuse
treatment, and sex offender treatment.
(8) Juvenile institutional health care operations, including
medical, mental, and dental health.
(9) Juvenile parole operations, including the number of juvenile
parolees returned to state institutions and provision of various
treatment and sanction programs.
(9.1) Juvenile Parole Board, including juvenile parole revocation
hearings.
(d) To the extent any of the information in subdivision (b) or (c)
falls under the purview of the federally appointed receiver over
medical care services, the Department of Corrections and
Rehabilitation shall, to the best of its ability, coordinate with the
receiver in obtaining this information.
SEC. 8. Section 3007 is added to the Penal Code, to read:
3007. The Department of Corrections and Rehabilitation shall
require a research component for any sex offender treatment contract
funded by the department. The research component shall enable the
department's research unit or an independent contractor to evaluate
the effectiveness of each contract on reducing the rate of recidivism
of the participants in the program funded by a contract. The
research findings shall be compiled annually in a report due to the
Legislature January 10 of each year.
SEC. 9. Section 4016.5 of the Penal Code is amended to read:
4016.5. A city or county shall be reimbursed by the Department of
Corrections and Rehabilitation for costs incurred resulting from the
detention of a state prisoner, a person sentenced or referred to the
state prison, or a parolee and
from parole revocation proceedings when the detention meets
any of the following conditions:
(a) The detention relates to a violation of the conditions of
parole or the rules and regulations of the Secretary of the
Department of Corrections and Rehabilitation and does not relate to a
new criminal charge.
(b) The detention is pursuant to (1) an order of the Board of
Parole Hearings under the authority granted by Section 3060, or (2)
an order of the Governor under the authority granted by Section 3062
or (3) an exercise of a state parole or correctional officer's peace
officer powers as specified in Section 830.5.
(c) Security services and facilities are provided for hearings
which are conducted by the Board of Parole Hearings to revoke parole.
(d) The detention results from a new commitment, or a referral
pursuant to Section 1203.03, once the abstract of judgment has been
completed, the department's intake control unit has been notified by
the county that the prisoner is ready to be transported pursuant to
Section 1216, and the department is unable to accept delivery of the
prisoner. The reimbursement shall be provided for each day starting
on the day following the fifth working day after the date of
notification by the county, if the prisoner remains ready to be
delivered and the department is unable to receive the prisoner. If a
county delivers or attempts to deliver a person to the department
without the prior notification required by this paragraph, the date
of the delivery or attempted delivery shall be recognized as the
notification date pursuant to this paragraph. The notification and
verification required by the county for prisoners ready to be
transported, and reimbursement provided to the county for prisoners
that the department is unable to receive, shall be made pursuant to
procedures established by the department.
A city or county shall be reimbursed by the department from funds
appropriated in Item 5240-101-0001 of the Budget Act of 1998 for
costs incurred pursuant to subdivisions (a), (b), and (c) and from
funds appropriated in Item 5240-001-0001 of that act for costs
incurred pursuant to subdivision (d).
The reimbursement required by this section shall be expended for
maintenance, upkeep, and improvement of jail conditions, facilities,
and services. Before the county is reimbursed by the department, the
total amount of all charges against that county authorized by law for
services rendered by the department shall be first deducted from the
gross amount of reimbursement authorized by this section. The net
reimbursement shall be calculated and paid monthly by the department.
The department shall withhold all or part of the net reimbursement
to a county whose jail facility or facilities do not conform to
minimum standards for local detention facilities as authorized by
Section 6030 only if the county is failing to make reasonable efforts
to correct differences, with consideration given to the resources
available for those purposes.
"Costs incurred resulting from the detention," as used in this
section, shall include the same cost factors as are utilized by the
Department of Corrections and Rehabilitation in determining the cost
of prisoner care in state correctional facilities.
(e) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
SEC. 10. Section 4750 of the Penal Code is amended to read:
4750. A city, county, or superior court shall be entitled to
reimbursement for reasonable and necessary costs connected with state
prisons or prisoners in connection with any of the following:
(a) Any crime committed at a state prison, whether by a prisoner,
employee, or other person.
With respect to a prisoner, "crime committed at a state prison" as
used in this subdivision, includes, but is not limited to, crimes
committed by the prisoner while detained in local facilities as a
result of a transfer pursuant to Section 2910 or 6253, or in
conjunction with any hearing, proceeding, or other activity for which
reimbursement is otherwise provided by this section.
(b) Any crime committed by a prisoner in furtherance of an escape.
Any crime committed by an escaped prisoner within 10 days after the
escape and within 100 miles of the facility from which the escape
occurred shall be presumed to have been a crime committed in
furtherance of an escape.
(c) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a prisoner.
(d) Any trial or hearing on the question of the sanity of a
prisoner.
(e) Any costs not otherwise reimbursable under Section 1557 or any
other related provision in connection with any extradition
proceeding for any prisoner released to hold.
(f) Any costs incurred by a coroner in connection with the death
of a prisoner.
(g) Any costs incurred in transporting a prisoner within the host
county or as requested by the prison facility or incurred for
increased security while a prisoner is outside a state prison.
(h) Any crime committed by a state inmate at a state hospital for
the care, treatment, and education of the mentally disordered, as
specified in Section 7200 of the Welfare and Institutions Code.
(i) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
SEC. 11. Section 4758 of the Penal Code is amended to read:
4758. (a) A county shall be entitled to reimbursement for
reasonable and necessary costs incurred by the county with respect to
an inmate housed and treated at a state hospital in that county
pursuant to Section 2684, including, but not limited to, any trial
costs related to a crime committed at the hospital by an inmate
housed at the hospital.
(b) Where an inmate referred for treatment to a state hospital
pursuant to Section 2684 commits a crime during transportation from
prison to the hospital, or commits a crime during transportation from
the hospital to the prison, a county that prosecutes the defendant
shall be entitled to reimbursement for the costs of prosecution.
(c) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
SEC. 12. Section 6005 of the Penal Code is amended to read:
6005. (a) Whenever a person confined to a correctional
institution under the supervision of the Department of Corrections
and Rehabilitation is charged with a public offense committed within
the confines of that institution and is tried for that public
offense, a city, county, or superior court shall be entitled to
reimbursement for reasonable and necessary costs connected with that
matter.
(b) The appropriate financial officer or other designated official
of a county or the city finance officer of a city incurring any
costs in connection with that matter shall make out a statement of
all the costs incurred by the county or city for the investigation,
the preparation for the trial, participation in the actual trial of
the case, all guarding and keeping of the person, and the execution
of the sentence of the person, properly certified to by a judge of
the superior court of the county. The statement may not include any
costs that are incurred by the superior court pursuant to subdivision
(c). The statement shall be sent to the department for its approval.
After the approval the department must cause the amount of the costs
to be paid out of the money appropriated for the support of the
department to the county treasurer of the county or the city finance
officer of the city incurring those costs.
(c) The superior court shall prepare a statement of all costs
incurred by the court for the preparation of the trial and the actual
trial of the case. The statement may not include any costs that are
incurred by the city or county pursuant to subdivision (a). The
statement shall be sent to the Administrative Office of the Courts
for approval and reimbursement.
(d) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
SEC. 13. 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 and Rehabilitation or
superintendent in the Division of Juvenile Justice. The management
review audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
management review audit shall include an assessment of the
maintenance of the facility managed by the warden or superintendent.
The audit report shall be submitted to the secretary of the
department 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. 14. Section 6126 of the Penal Code is amended to read:
6126. (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, and conduct investigations of the Department of
Corrections and Rehabilitation, as requested by either the Secretary
of the Department of Corrections and Rehabilitation or a Member of
the Legislature, pursuant to the approval of the Inspector General
under policies to be developed by the Inspector General. The
Inspector General may, under policies developed by the Inspector
General, initiate an investigation or an audit on his or her own
accord.
(2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. Each
audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
audit shall include an assessment of the maintenance of the facility
managed by the warden. The audit report shall include the Inspector
General's assessment of facility maintenance. These audit reports
shall be provided to the Legislature and shall be made public. The
requirements of this paragraph shall be phased in by the Inspector
General so that they are fully met by July 1, 2009.
(b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
(c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
(d) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions.
(e) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
SEC. 15. Section 7000 of the Penal Code is amended to read:
7000. (a) The Department of Corrections and Rehabilitation shall
prepare plans for, and construct facilities and renovations included
within, its master plan for which funds have been appropriated by the
Legislature.
(b) "Master plan" means the department's "Facility Requirements
Plan," dated April 7, 1980, and any subsequent revisions.
SEC. 16. Section 7003.5 of the Penal Code is amended to read:
7003.5. (a) The department shall provide the Joint Legislative
Budget Committee with quarterly reports on the progress of funded
projects consistent with the requirements outlined in the State
Administrative Manual. This report shall include new prisons,
projects to construct inmate housing and other buildings at, or
within, existing prison facilities, prison medical, mental health,
and dental facilities, reentry facilities, and infrastructure
projects at existing prison facilities.
(b) On January 10 of each year, the department shall provide a
report to the Joint Legislative Budget Committee that includes the
status of each project that is part of the master plan, including
projects planned, projects in preliminary planning, working, drawing
and construction phases, and projects that have been completed. The
report shall include new prisons; projects to construct inmate
housing and other buildings at or within existing prison facilities;
prison medical, mental health, and dental facilities; reentry
facilities; and infrastructure projects at existing prison
facilities.
(c) This section applies to regular prison facilities; projects to
expand existing prison facilities; prison medical, mental health,
and dental facilities; reentry facilities; and infrastructure
projects at existing prison facilities, whether or not built or
operated exclusively by the department.
(d) The report required in subdivision (b) shall include the
following information for adult and juvenile facilities:
(1) The department's plans to remove temporary beds in dayrooms,
gyms, and other areas, as well as plans to permanently close or
change the mission of the facilities.
(2) The department's plans to construct new facilities, including
reentry facilities.
(3) The department's plans to renovate existing facilities and
renovate, improve, or expand infrastructure capacity at existing
prison facilities.
(4) The scope of each project identified in the master plan.
(5) The budget for each project identified in the master plan.
(6) The schedule for each project identified in the master plan.
(7) A master schedule for the overall plan to deliver the
department's capital outlay program including planned versus actual
progress to date.
(8) Staffing plans for each project identified in the master plan,
including program, custody, facilities management, administration,
and health care.
(9) Total estimated cost of all projects in the master plan by
funding source, including planned versus actual expenditures to date.
(10) Projected versus actual population plotted against projected
versus actual housing capacity in aggregate and by security level.
SEC. 17. Section 7050 is added to the Penal Code, to read:
7050. (a) (1) Section 28 of Chapter 7 of the Statutes of 2007
contains an appropriation of three hundred million dollars
($300,000,000) for capital outlay to be allocated to renovate,
improve, or expand infrastructure capacity at existing prison
facilities. The funds appropriated by that section may be used for
land acquisition, environmental services, architectural programming,
engineering assessments, schematic design, preliminary plans, working
drawings, and construction.
(2) These funds may also be used to address deficiencies related
to utility systems owned by local government entities and serving
state prison facilities subject to the provisions of Section 54999 of
the Government Code. The department shall report on any funds to be
expended for this purpose to the Joint Legislative Budget Committee.
If the committee fails to take any action with respect to each
notification within 20 days after submittal, this inaction shall be
deemed to be approval for purposes of this section.
(3) This subsection authorizes the scope and cost of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11.
(b) The scope and costs of the projects described in subdivision
(a) of this section shall be subject to approval and administrative
oversight by the State Public Works Board, including augmentations,
pursuant to Section 13332.11 of the Government Code. The availability
of an augmentation for each individual project allocation shall be
based on the total applicable capital outlay appropriation contained
in Section 28 of Chapter 7 of the Statutes of 2007 and is not limited
to 20 percent of the individual project allocation. These
requirements shall be applied separately to each institution. All of
the necessary infrastructure improvements at each institution may be
treated as one project such that there would be one infrastructure
improvement project at each institution. The scope and cost of each
infrastructure improvement project shall be established by the board
individually. The amount of the total appropriation in Section 28 of
Chapter 7 of the Statutes of 2007 that is necessary for each
infrastructure improvement project shall be allocated by institution.
The appropriation may be allocated based on current estimates. These
initial allocations may be adjusted commensurate to changes that
occur during the progression of the projects. As allocations are made
or adjusted, the anticipated deficit or savings shall be
continuously tracked and reported. Once the total appropriation has
been allocated, any augmentation necessary to fund an anticipated
deficit shall be based on the total appropriation and allocated to
each project as necessary. The Joint Legislative Budget Committee
shall be notified 30 days prior to the establishment of scope,
schedule, and cost for each project by the board. The Department of
Corrections and Rehabilitation shall notify the Joint Legislative
Budget Committee 45 days prior to the submission of preliminary plans
to the board for each project. If, after providing these
notifications to the Joint Legislative Budget Committee, the
committee fails to take any action with respect to the notifications
within the specified time periods, this inaction will be deemed to be
approval for purposes of this section. The Department of Corrections
and Rehabilitation shall report on the allocations from the
appropriation in Section 28 of Chapter 7 of the Statutes of 2007 and
the anticipated deficit or savings to the Joint Legislative Budget
Committee quarterly.
(c) The scope and costs of the projects described in subdivision
(a) shall be part of the Department of Corrections and Rehabilitation'
s Master Plan, as defined in Section 7000.
(d) The reporting requirements set forth in Sections 7000 and
7003.5 shall apply separately to each project constructed or
renovated pursuant to this section. For all purposes other than
calculating augmentations pursuant to Section 13332.11 each
improvement authorized under subdivision (a) is considered a separate
project.
SEC. 18. Section 208.5 of the Welfare and Institutions Code is
amended to read:
208.5. (a) Notwithstanding any other law, in any case in which a
minor who is detained in or committed to a county institution
established for the purpose of housing juveniles attains 18 years of
age prior to or during the period of detention or confinement he or
she may be allowed to come or remain in contact with those juveniles
until 19 years of age, at which time he or she, upon the
recommendation of the probation officer, shall be delivered to the
custody of the sheriff for the remainder of the time he or she
remains in custody, unless the juvenile court orders continued
detention in a juvenile facility. If continued detention is ordered
for a ward under the jurisdiction of the juvenile court who is 19
years of age or older but under 21 years of age, the detained person
may be allowed to come into or remain in contact with any other
person detained in the institution subject to the requirements of
subdivision (b). The person shall be advised of his or her ability to
petition the court for continued detention in a juvenile facility at
the time of his or her attainment of 19 years of age.
Notwithstanding any other law, the sheriff may allow the person to
come into and remain in contact with other adults in the county jail
or in any other county correctional facility in which he or she is
housed.
(b) The county shall apply to the Corrections Standards Authority
for approval of a county institution established for the purpose of
housing juveniles as a suitable place for confinement before the
institution is used for the detention or commitment of an individual
under the jurisdiction of the juvenile court who is 19 years of age
or older but under 21 years of age where the detained person will
come into or remain in contact with persons under 18 years of age who
are detained in the institution. The authority shall review and
approve or deny the application of the county within 30 days of
receiving notice of this proposed use. In its review, the authority
shall take into account the available programming, capacity, and
safety of the institution as a place for the combined confinement and
rehabilitation of individuals under the jurisdiction of the juvenile
court who are over 19 years of age and those who are under 19 years
of age.
SEC. 19. Section 731 of the Welfare and Institutions Code is
amended to read:
731. (a) If a minor is adjudged a ward of the court on the ground
that he or she is a person described by Section 602, the court may
order any of the types of treatment referred to in Sections 727 and
730 and, in addition, may do any of the following:
(1) Order the ward to make restitution, to pay a fine up to two
hundred fifty dollars ($250) for deposit in the county treasury if
the court finds that the minor has the financial ability to pay the
fine, or to participate in uncompensated work programs.
(2) Commit the ward to a sheltered-care facility.
(3) Order that the ward and his or her family or guardian
participate in a program of professional counseling as arranged and
directed by the probation officer as a condition of continued custody
of the ward.
(4) Commit the ward to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, if the ward has
committed an offense described in subdivision (b) of Section 707.
(b) A ward committed to the Division of Juvenile Facilities may
not be held in physical confinement for a period of time in excess of
the maximum period of imprisonment that could be imposed upon an
adult convicted of the offense or offenses that brought or continued
the minor under the jurisdiction of the juvenile court. A ward
committed to the Division of Juvenile Facilities also may not be held
in physical confinement for a period of time in excess of the
maximum term of physical confinement set by the court based upon the
facts and circumstances of the matter or matters that brought or
continued the ward under the jurisdiction of the juvenile court,
which may not exceed the maximum period of adult confinement as
determined pursuant to this section. This section does not limit the
power of the Juvenile Parole Board to retain the ward on parole
status for the period permitted by Section 1769.
SEC. 20. Section 731.1 is added to the Welfare and Institutions
Code, to read:
731.1. Notwithstanding any other law, the court committing a ward
to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, may recall that commitment in the case of any
ward whose commitment offense was not an offense listed in
subdivision (b) of Section 707, unless the offense was a sex offense
set forth in paragraph (3) of subdivision (d) of Section 290 of the
Penal Code, and who remains confined in an institution operated by
the division as of September 1, 2007. Upon recall of the ward, the
court shall set and convene a recall disposition hearing for the
purpose of ordering an alternative disposition for the ward that is
appropriate under all of the circumstances prevailing in the case.
Pending the recall disposition hearing, the ward shall be detained or
housed in the manner and place, consistent with the requirements of
law, as may be directed by the court in its order of recall.
SEC. 21. Section 733 of the Welfare and Institutions Code is
repealed.
SEC. 22. Section 733 is added to the Welfare and Institutions
Code, to read:
733. A ward of the juvenile court who meets any condition
described below shall not be committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities:
(a) The ward is under 11 years of age.
(b) The ward is suffering from any contagious, infectious, or
other disease that would probably endanger the lives or health of the
other inmates of any facility.
(c) The ward has been or is adjudged a ward of the court pursuant
to Section 602, and the most recent offense alleged in any petition
and admitted or found to be true by the court is not described in
subdivision (b) of Section 707, unless the offense is a sex offense
set forth in paragraph (3) of subdivision (d) of Section 290 of the
Penal Code. This subdivision shall be effective on and after
September 1, 2007.
SEC. 23. Section 736 of the Welfare and Institutions Code is
amended to read:
736. (a) Except as provided in Section 733, the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall accept a ward committed to it pursuant to this article if the
Chief Deputy Secretary for the Division of Juvenile Justice believes
that the ward can be materially benefitted by the division's
reformatory and educational discipline, and if the division has
adequate facilities, staff, and programs to provide that care. A ward
subject to this section shall not be transported to any facility
under the jurisdiction of the division until the superintendent of
the facility has notified the committing court of the place to which
that ward is to be transported and
the time at which he or she can be received.
(b) To determine who is best served by the Division of Juvenile
Facilities, and who would be better served by the State Department of
Mental Health, the Chief Deputy Secretary for the Division of
Juvenile Justice and the Director of the State Department of Mental
Health shall, at least annually, confer and establish policy with
respect to the types of cases that should be the responsibility of
each department.
SEC. 24. Section 1731.5 of the Welfare and Institutions Code is
amended to read:
1731.5. (a) After certification to the Governor as provided in
this article, a court may commit to the Division of Juvenile
Facilities any person who meets all of the following:
(1) Is convicted of an offense described in subdivision (b) of
Section 707 or paragraph (3) of subdivision (d) of Section 290 of the
Penal Code.
(2) Is found to be less than 21 years of age at the time of
apprehension.
(3) Is not sentenced to death, imprisonment for life, with or
without the possibility of parole, whether or not pursuant to Section
190 of the Penal Code, imprisonment for 90 days or less, or the
payment of a fine, or after having been directed to pay a fine,
defaults in the payment thereof, and is subject to imprisonment for
more than 90 days under the judgment.
(4) Is not granted probation, or was granted probation and that
probation is revoked and terminated.
(b) The Division of Juvenile Facilities shall accept a person
committed to it pursuant to this article if it believes that the
person can be materially benefited by its reformatory and educational
discipline, and if it has adequate facilities to provide that care.
(c) Any person under 18 years of age who is not committed to the
division pursuant to this section may be transferred to the authority
by the Secretary of the Department of Corrections and Rehabilitation
with the approval of the Chief Deputy Secretary for the Division of
Juvenile Justice. In sentencing a person under 18 years of age, the
court may order that the person shall be transferred to the custody
of the Division of Juvenile Facilities pursuant to this subdivision.
If the court makes this order and the division fails to accept
custody of the person, the person shall be returned to court for
resentencing. The transfer shall be solely for the purposes of
housing the inmate, allowing participation in the programs available
at the institution by the inmate, and allowing division parole
supervision of the inmate, who, in all other aspects shall be deemed
to be committed to the Department of Corrections and Rehabilitation
and shall remain subject to the jurisdiction of the Secretary of the
Department of Corrections and Rehabilitation and the Juvenile Parole
Board. Notwithstanding subdivision (b) of Section 2900 of the Penal
Code, the secretary, with the concurrence of the chief deputy
secretary, may designate a facility under the jurisdiction of the
chief deputy secretary as a place of reception for any person
described in this subdivision.
The chief deputy secretary shall have the same powers with respect
to an inmate transferred pursuant to this subdivision as if the
inmate had been committed or transferred to the Division of Juvenile
Facilities either under the Arnold-Kennick Juvenile Court Law or
subdivision (a).
The duration of the transfer shall extend until any of the
following occurs:
(1) The chief deputy secretary orders the inmate returned to the
Department of Corrections and Rehabilitation.
(2) The inmate is ordered discharged by the Juvenile Parole Board.
(3) The inmate reaches 18 years of age. However, if the inmate's
period of incarceration would be completed on or before the inmate's
21st birthday, the chief deputy secretary may continue to house the
inmate until the period of incarceration is completed.
SEC. 25. Section 1766 of the Welfare and Institutions Code is
amended to read:
1766. (a) Subject to Sections 733 and 1767.35, and subdivision
(b) of this section, if a person has been committed to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
the Juvenile Parole Board, according to standardized review and
appeal procedures established by the board in policy and regulation
and subject to the powers and duties enumerated in subdivision (a) of
Section 1719, may do any of the following:
(1) Permit the ward his or her liberty under supervision and upon
conditions it believes are best designed for the protection of the
public.
(2) Order his or her confinement under conditions it believes best
designed for the protection of the public pursuant to the purposes
set forth in Section 1700, except that a person committed to the
division pursuant to Sections 731 or 1731.5 may not be held in
physical confinement for a total period of time in excess of the
maximum periods of time set forth in Section 731. Nothing in this
subdivision limits the power of the board to retain the minor or the
young adult on parole status for the period permitted by Sections
1769, 1770, and 1771.
(3) Order reconfinement or renewed release under supervision as
often as conditions indicate to be desirable.
(4) Revoke or modify any parole or disciplinary appeal order.
(5) Modify an order of discharge if conditions indicate that such
modification is desirable and when that modification is to the
benefit of the person committed to the division.
(6) Discharge him or her from its control when it is satisfied
that discharge is consistent with the protection of the public.
(b) The county of commitment shall supervise the parole of any
ward released on parole on or after September 1, 2007, who was
committed to the custody of the division for committing an offense
other than those described in subdivision (b) of Section 707. The
division shall have no further jurisdiction over a ward who is
released on parole under the supervision of a county pursuant to this
section. Upon receipt of the ward by the county, the court shall set
and convene a parole disposition hearing for the purpose of
identifying and ordering those parole conditions that are appropriate
under all of the circumstances prevailing in the case and best
designed for the protection of the public.
(c) Within 60 days of intake, the division shall provide the court
and the probation department with a treatment plan for the ward.
(d) A ward shall be entitled to an appearance hearing before a
panel of board commissioners for any action that would result in the
extension of a parole consideration date pursuant to subdivision (d)
of Section 5076.1 of the Penal Code.
(e) The department shall promulgate policies and regulations to
implement this section.
(f) Commencing on July 1, 2004, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
(1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
(2) The number of parole consideration dates for each category set
at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a
parole consideration date, including the category assigned to the
ward, the amount of time added to or subtracted from the parole
consideration date, and the specific reason for the change.
(4) The percentage of wards who have had a parole consideration
date changed to a later date, the percentage of wards who have had a
parole consideration date changed to an earlier date, and the average
annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
(6) Any additional data or information identified by the
department as relevant.
(g) As used in subdivision (f), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
SEC. 26. Section 1767.3 of the Welfare and Institutions Code is
amended to read:
1767.3. (a) The Juvenile Parole Board may suspend, cancel, or
revoke any parole and may order returned to custody, as specified in
Section 1767.35, any person under the jurisdiction of the Division of
Juvenile Parole Operations.
(b) The written order of the Chief Deputy Secretary for the
Division of Juvenile Justice is a sufficient warrant for any peace
officer to return to custody any person under the jurisdiction of the
Division of Juvenile Parole Operations.
(c) The written order of the Chief Deputy Secretary for the
Division of Juvenile Justice is a sufficient warrant for any peace
officer to return to custody, pending further proceedings before the
Juvenile Parole Board, any person under the jurisdiction of the
Division of Juvenile Parole Operations, or for any peace officer to
return to custody any person who has escaped from the custody of the
Division of Juvenile Facilities or from any institution or facility
in which he or she has been placed by the division.
(d) All peace officers shall execute the orders in like manner as
a felony warrant.
SEC. 27. Section 1767.35 is added to the Welfare and Institutions
Code, to read:
1767.35. Commencing on September 1, 2007, any parolee under the
jurisdiction of the Division of Juvenile Parole Operations shall be
returned to custody upon the suspension, cancellation, or revocation
of parole as follows:
(a) To the custody of the Division of Juvenile Facilities if the
parolee is under the jurisdiction of the division for the commission
of an offense described in subdivision (b) of Section 707.
(b) To the county of commitment if the parolee is under the
jurisdiction of the division for the commission of an offense not
described in subdivision (b) of Section 707.
SEC. 28. Section 1776 of the Welfare and Institutions Code is
amended to read:
1776. Whenever an alleged parole violator is detained in a county
detention facility pursuant to a valid exercise of the powers of the
Department of Corrections and Rehabilitation as specified in
Sections 1753, 1755, and 1767.3 and when such detention is initiated
by the Department of Corrections and Rehabilitation and is related
solely to a violation of the conditions of parole and is not related
to a new criminal charge, the county shall be reimbursed for the
costs of such detention by the Department of the Department of
Corrections and Rehabilitation. Such reimbursement shall be expended
for maintenance, upkeep, and improvement of juvenile hall and jail
conditions, facilities, and services. Before the county is reimbursed
by the department, the total amount of all charges against that
county authorized by law for services rendered by the department
shall be first deducted from the gross amount of the reimbursement
authorized by this section. Such net reimbursement shall be
calculated and paid monthly by the department. The department shall
withhold all or part of such net reimbursement to a county whose
juvenile hall or jail facility or facilities do not conform to
minimum standards for local detention facilities as authorized by
Section 6030 of the Penal Code or Section 210 of this code.
"Costs of such detention," as used in this section, shall include
the same cost factors as are utilized by the Department of
Corrections and Rehabilitation in determining the cost of prisoner
care in state correctional facilities.
No city, county, or other jurisdiction may file, and the state may
not reimburse, a claim pursuant to this section that is presented to
the Department of Corrections and Rehabilitation or to any other
agency or department of the state more than six months after the
close of the month in which the costs were incurred.
SEC. 29. Section 1798.5 of the Welfare and Institutions Code is
amended to read:
1798.5. (a) Commencing July 1, 2005, there is hereby established
within the Department of Corrections and Rehabilitation the State
Commission on Juvenile Justice. The purpose of the commission is to
provide comprehensive oversight, planning, and coordination of
efforts, which enhance the partnership and performance of state and
local agencies in effectively preventing and responding to juvenile
crime.
(b) The commission shall be composed of 12 members, and shall
include all of the following:
(1) The Chief Deputy Secretary of Juvenile Justice of the
Department of Corrections and Rehabilitation, who shall serve as
cochair.
(2) A representative of counties, designated by the statewide
organization representing counties, who shall serve as cochair.
(3) A chief probation officer, designated by the statewide
organization representing chief probation officers, who shall serve
as cochair.
(4) A county sheriff, designated by the statewide organization
representing sheriffs.
(5) A manager or administrator of a county local detention
facility for juveniles, appointed by the Governor.
(6) A rank and file representative from state or local juvenile
corrections, appointed by the Speaker of the Assembly.
(7) A representative from a community-based organization serving
at-risk youth, appointed by the Senate Committee on Rules.
(8) An individual who represents the interests of crime victims,
appointed by the Speaker of the Assembly.
(9) A judge of the juvenile court, appointed by the chairperson of
the Judicial Council.
(10) A director of a county human services agency, appointed by
the statewide organization representing county welfare directors.
(11) An attorney with expertise in the area of juvenile justice
policy, appointed by the Senate Committee on Rules.
(12) A director of a county mental health agency, appointed by the
statewide organization representing county mental health directors.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SEC. 30. Chapter 1.5 (commencing with Section 1950) is added to
Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER 1.5. YOUTHFUL OFFENDER BLOCK GRANT PROGRAM
Article 1. General Provisions
1950. The purpose of this chapter is to enhance the capacity of
local communities to implement an effective continuum of response to
juvenile crime and delinquency.
1951. (a) There is hereby established the Youthful Offender Block
Grant Fund.
(b) Allocations from the Youthful Offender Block Grant Fund shall
be used to enhance the capacity of county probation, mental health,
drug and alcohol, and other county departments to provide appropriate
rehabilitative and supervision services to youthful offenders
subject to Sections 731.1, 733, 1766, and 1767.35. Counties, in
expending the Youthful Offender Block Grant allocation, shall provide
all necessary services related to the custody and parole of the
offenders.
(c) The county of commitment is relieved of obligation for any
payment to the state pursuant to Section 912, 912.1, or 912.5 for
each offender who is not committed to the custody of the state solely
pursuant to subdivision (c) of Section 733, and for each offender
who is supervised by the county of commitment pursuant to subdivision
(b) of Section 1766 or subdivision (b) of Section 1767.35.
1952. For the 2007-08 fiscal year, all of the following shall
apply:
(a) An amount equal to the total of all of the following shall be
transferred from the General Fund to the Youthful Offender Block
Grant Fund:
(1) One hundred seventeen thousand dollars ($117,000) per ward
multiplied by the average daily population (ADP) for the year for
wards who are not committed to the custody of the state pursuant to
subdivision (c) of Section 733, and Sections 731.1 and 1767.35.
(2) Fifteen thousand dollars ($15,000) per parolee multiplied by
the ADP for the year for parolees who are supervised by the county of
commitment pursuant to subdivision (b) of Section 1766 or
subdivision (b) of Section 1767.35.
(3) An amount equal to 5 percent of the total of paragraphs (1)
and (2). This amount shall be reserved by the Controller for
distribution by the Department of Finance, upon recommendation of the
Corrections Standards Authority, in collaboration with the Division
of Juvenile Facilities, for unforeseen circumstances associated with
the implementation of the act that added this chapter. This amount is
a one-time allocation and shall not be built into the base described
in subdivision (a) of Section 1953 unless the Department of Finance
finds a continuation of unforeseen circumstances. A county that
wishes to seek funds from this reserved amount shall submit a request
to the Corrections Standards Authority that outlines the unusual
circumstances that exist in the county and why the county's Youthful
Offender Block Grant is inadequate to meet the county financial needs
to accommodate and supervise youthful offenders pursuant to the act
that added this chapter.
(b) The Director of Finance shall determine the total amount of
the block grant, pursuant to the formula specified in subdivision
(a), and the allocation for each county, pursuant to Section 1955,
and shall report those findings to the Controller. The Controller
shall make an allocation from the Youthful Offender Block Grant Fund
to each county in accordance with the report.
(c) Any portion of the funds described in paragraph (3) of
subdivision (a) that is unused during the 2007-08 fiscal year shall
revert to the General Fund.
1953. For the 2008-09 fiscal year, the total of the following
amounts shall be transferred from the General Fund to the Youthful
Offender Block Grant Fund:
(a) The amount transferred to the Youthful Offender Block Grant
Fund for the 2007-08 fiscal year, as described in subdivision (a) of
Section 1952, adjusted to account for full-year impacts.
(b) One hundred seventeen thousand dollars ($117,000) per ward
multiplied by the ADP for the year for wards who are not committed to
the custody of the state pursuant to subdivision (c) of Section 733,
and Sections 731.1 and 1767.35.
(c) Fifteen thousand dollars ($15,000) per parolee based on ADP
for the year for parolees who are supervised by the county of
commitment pursuant to subdivision (b) of Section 1766.
1954. For the 2009-10 fiscal year, and each year thereafter, an
amount shall be transferred from the General Fund to the Youthful
Offender Block Grant Fund equal to that amount transferred to the
Youthful Offender Block Grant Fund for the 2008-09 fiscal year, as
described in subdivisions (a), (b), and (c) of Section 1953, adjusted
to account for full-year impact.
1955. (a) The allocation amount for each county from the Youthful
Offender Block Grant Fund shall be distributed as follows:
(1) Fifty percent based on the number of the county's juvenile
felony court dispositions, according to the most recent data compiled
by the Department of Justice, calculated as a percentage of the
state total.
(2) Fifty percent based on the county's population of minors from
10 to 17 years of age, inclusive, according to the most recent data
published by the Department of Justice, calculated as a percentage of
the state total.
(b) Each county shall receive a minimum block grant allocation of
fifty-eight thousand five hundred dollars ($58,500).
(c) Commencing with the 2008-09 fiscal year, allocations shall be
available to counties that have met the requirements of Section 1961.
Article 2. Performance and Accountability
1960. The Legislature finds and declares that local youthful
offender justice programs, including both custodial and noncustodial
corrective services, are better suited to provide rehabilitative
services for certain youthful offenders than state-operated
facilities. Local communities are better able than the state to
provide these offenders with the programs they require, in closer
proximity to their families and communities, including, but not
limited to, all of the following:
(a) Implementing risk and needs assessment tools and evaluations
to assist in the identification of appropriate youthful offender
dispositions and reentry plans.
(b) Placements in secure and semisecure youthful offender
rehabilitative facilities and in private residential care programs,
with or without foster care waivers, supporting specialized programs
for youthful offenders.
(c) Nonresidential dispositions such as day or evening treatment
programs, community service, restitution, and drug-alcohol and other
counseling programs based on an offender's assessed risks and needs.
(d) House arrest, electronic monitoring, and intensive probation
supervision programs.
(e) Reentry and aftercare programs based on individual aftercare
plans for each offender who is released from a public or private
placement or confinement facility.
(f) Capacity building strategies to upgrade the training and
qualifications of juvenile justice and probation personnel serving
the juvenile justice caseload.
(g) Regional program and placement networks, including direct
brokering and placement locating networks to facilitate out-of-county
dispositions for counties lacking programs or facilities.
1960.5. (a) The State Commission on Juvenile Justice, pursuant to
Section 1798.5, shall develop a Juvenile Justice Operational Master
Plan. On or before January 1, 2009, the commission shall develop and
make available for implementation by the counties the following
strategies:
(1) Risk and needs assessment tools to evaluate the programming
and security needs of all youthful offenders and at-risk youth.
(2) Juvenile justice universal data collection elements, which
shall be common to all counties.
(3) Criteria and strategies to promote a continuum of
evidence-based responses to youthful offenders.
(b) In drafting the Juvenile Justice Operational Master Plan, the
commission shall take into consideration both of the following:
(1) Evidence-based programs and risk and needs assessment tools
currently in use by the counties.
(2) The costs of implementing these strategies.
(c) On or before May 1, 2008, the commission shall provide an
interim report to the Legislature, which shall include the status of
the work of the commission and the strategies it has identified to
date.
1961. On or before January 1, 2008, each county shall prepare and
submit to the Corrections Standards Authority for approval a
Juvenile Justice Development Plan for youthful offenders who have not
committed an offense described in subdivision (b) of Section 707 and
are in the custody of the county commencing September 1, 2007. The
plan shall include both of the following:
(a) A description of the programs, placements, services, or
strategies to be funded by the block grant allocation pursuant to
this chapter, including, but not limited to, the programs, tools, and
strategies outlined in Section 1960.
(b) A description of any regional agreements or arrangements to be
supported by the block grant allocation pursuant to this chapter.
(c) A description of how these new programs coordinate with
programs under Chapter 353 of the Statutes of 2000 (A.B. 1913).
1962. (a) The Corrections Standards Authority, in consultation
with the Division of Juvenile Facilities, may provide technical
assistance to counties, including, but not limited to, regional
workshops, prior to issuing any Request for Proposal.
(b) The Corrections Standards Authority may monitor and inspect
any programs or facilities supported by block grant funds allocated
pursuant to this chapter and may enforce violations of grant
requirements with suspensions or cancellations of grant funds.
Article 3. Local Youthful Offender Rehabilitative Facility
Construction Grants
1970. For the purposes of this article, "participating county"
means any county, or regional consortium of counties, within the
state that has been certified to the State Public Works Board by the
Correction Standards Authority as having satisfied all of the
requirements set forth in Section 1975 for financing a local youthful
offender rehabilitative facility pursuant to this article.
1971. (a) The Department of Corrections and Rehabilitation, a
participating county, and the State Public Works Board are authorized
to acquire, design, renovate, or construct a local youthful offender
rehabilitative facility approved by the Correction Standards
Authority pursuant to Section 1975, or a site or sites owned by, or
subject to a lease or option to purchase held by a participating
county. The ownership interest of a participating county in the site
or sites for a local youthful offender rehabilitative facility shall
be determined by the board to be adequate for purposes of its
financing in order to be eligible under this article.
(b) Notwithstanding Section 15815 of the Government Code, a
participating county may acquire, design, renovate, or construct the
local youthful offender rehabilitative facility in accordance with
its local contracting authority. Notwithstanding Section 14951 of the
Government Code, the participating county may assign an inspector
during the construction of the project.
(c) The department, a participating county, and the board shall
enter a construction agreement for the project that shall provide, at
a minimum, all of the following:
(1) Performance expectations of the parties related to the
acquisition, design, renovation, or construction of the local
youthful offender rehabilitative facility.
(2) Guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the board to pay for the cost of the approved local youthful
offender rehabilitative facility project.
(3) Ongoing maintenance and staffing responsibilities for the term
of the financing.
(d) The construction agreement shall include a provision that the
participating county agrees to indemnify, defend, and hold harmless
the State of California for any and all claims and losses arising out
of the acquisition, design, renovation, and construction of the
local youthful offender rehabilitative facility. The construction
agreement may also contain additional terms and conditions that
facilitate the financing by the board.
(e) The scope and cost of the approved local youthful offender
rehabilitative facility project shall be subject to approval and
administrative oversight by the board.
(f) For purposes of compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code)
, neither the board nor the department, shall be deemed a lead or
responsible agency. The participating county shall be the lead
agency.
1972. Upon the receipt by a participating county of responsive
construction bids, the board and the department may borrow funds for
project costs after the project has been certified pursuant to
Section 1970 from the Pooled Money Investment Account pursuant to
Sections 16312 and 16313, or from any other appropriate source. In
the event any of the revenue bonds, notes, or bond anticipation notes
authorized by this chapter are not sold, the department shall commit
a sufficient amount of its support appropriation to repay any loans
made for an approved project.
1973. (a) The board may issue up to one hundred million dollars
($100,000,000) in revenue bonds, notes, or bond anticipation notes,
to finance the acquisition, design, renovation, or construction, and
a reasonable construction reserve, of approved local youthful
offender rehabilitative facilities described in Section 1971.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
(c) Notwithstanding Section 13340 of the Government Code, funds
derived pursuant to this section are continuously appropriated for
purposes of this article.
(d) This section shall become inoperative on June 30, 2017. No
projects shall be commenced after that date, but projects already
commenced may be financed through the issuance of bonds pursuant to
this article.
1974. With the consent of the board, the department, and a
participating county are authorized to enter into leases or
subleases, as lessor or lessee, for any property or approved project
and are further authorized to enter into contracts or other
agreements for the use, maintenance, and operation of the local
youthful offender rehabilitative facility in order to facilitate the
financing authorized by this article. In those leases, subleases, or
other agreements, the participating county shall agree to indemnify,
defend, and hold harmless the State of California for any and all
claims and losses accruing and resulting from or arising out of the
participating county's use and occupancy of the local youthful
offender rehabilitative facility.
1975. (a) The authority shall adhere to its duly adopted
regulations for the approval or disapproval of local youthful
offender rehabilitative facilities. The authority also shall consider
cost-effectiveness in determining approval or disapproval. No state
moneys shall be encumbered in contracts let by a participating county
until final architectural plans and specifications have been
approved by the authority, and subsequent construction bids have been
received. The review and approval of plans, specifications, or other
documents by the authority are for the purpose of ensuring proper
administration of moneys and determination of whether the project
specifications comply with law and regulation. The authority may
require changes in construction materials to enhance safety and
security if materials proposed at the time of final plans and
specifications are not essential and customary as used statewide for
facilities of the same security level. Participating counties are
responsible for the acquisition, design, construction, staffing,
operation, repair, and maintenance of the project.
(b) The authority shall establish minimum standards and funding
schedules and procedures, which shall take into consideration, but
not be limited to, all of the following:
(1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the project
sufficient to ensure undisturbed use and possession.
(2) Documentation of need for the project.
(3) A written project proposal.
(4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local
youthful offender rehabilitative facility will be able to be safety
staffed and operated within 90 days of completion.
(5) Submittal of architectural drawings, which shall be approved
by the authority for compliance with minimum youthful offender
rehabilitation facility standards and which also shall be approved by
the State Fire Marshal for compliance with fire safety and life
safety requirements.
(6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the board.
1976. Participating county matching funds for projects funded
under this article shall be a minimum of 25 percent of the total
project costs. The authority may reduce matching fund requirements
for participating counties with a general population below 200,000
upon petition by a participating county to the authority requesting a
lower level of matching funds.
SEC. 31. It is the intent of the Legislature in enacting Sections
18 to 27, inclusive, 29, and 30 of this act that those provisions
shall not result in an unfunded, reimbursable state mandate.
Specifically, the authority for counties to receive wards who
otherwise would be committed to the custody and supervision of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, shall not constitute a higher level of service or new
program in excess of the programmatic funding included in this act.
It is the intent of the Legislature that the state has provided
funding for an adequate level of care for youthful offenders received
by the county pursuant to this act, and that each county shall be
limited in its expenditures to funds specifically made available for
these purposes.
SEC. 32. (a) Pursuant to applicable provisions of law, the
Department of General Services, in coordination with the Department
of Technology Services, shall amend any contracts that provide
telephone services to wards and inmates in state facilities in order
to limit the amount of state concession fees as follows:
(1) The concession fees shall be reduced to nineteen million five
hundred thousand dollars ($19,500,000) for the 2007-08 fiscal year.
(2) The concession fees shall be reduced to thirteen million
dollars ($13,000,000) for the 2008-09 fiscal year.
(3) The concession fees shall be reduced to six million five
hundred thousand dollars ($6,500,000) for the 2009-10 fiscal year.
(4) The concession fees shall be reduced to zero for the 2010-11
fiscal year and thereafter.
(b) Rates shall be reduced in response to reductions in concession
fees.
SEC. 33. The funds appropriated by subdivision (b) of Section 28
of Chapter 7 of the Statutes of 2007 shall be used for the following
services:
(a) Developing prison-to-employment programs.
(b) Expanding substance abuse programs for inmates and parolees.
(c) Developing and implementing risk assessments and needs
assessments for inmates.
(d) Establishing and funding day treatment services for mentally
ill parolees.
(e) Expanding educational and vocational programs for inmates.
SEC. 34. The Corrections Standards Authority shall allocate
funding for two one-time probation pilot projects. Each pilot project
shall be funded at five million dollars ($5,000,000) and shall be
provided to one county probation department. The funds shall be
available for expenditure by the county probation departments for a
period of three years. The overall purpose of the pilot projects is
to test models for reducing the number of offenders coming to state
prison. The pilot projects shall be designed and implemented by the
Corrections Standards Authority as put forward in subdivisions (a)
and (b) of this section.
(a) One pilot project shall be provided to one county probation
department in a large, urban county. The funding for the pilot
project may be used to fund prevention or supervision services for
probationers. The pilot project shall target 18 to 25 year-old,
inclusive, probationers with known gang affiliations. The pilot
project should target probationers within a jurisdiction or
jurisdictions within a county that are known gang "hot spots." The
grantee county probation department shall work with other local law
enforcement agencies, as necessary to coordinate the project and
enhance services to the gang "hot spot." The Corrections Standards
Authority shall require that the county probation department provide
a report and evaluation of this pilot project.
(b) One pilot project shall be provided to the Alameda County
Probation Department. The funding for the pilot project may be used
to fund efforts to de-escalate community conflict and encourage
mediation among probationers and other at-risk populations. The
funding may also be used for employment development and education
programs. The pilot project must include collaborative efforts with
community-based organizations and service providers. The pilot
project shall target probationers and other at-risk populations. The
Corrections Standards Authority shall require that the county
probation department provide a report and evaluation of this pilot
project.
SEC. 35. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 36. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 37. Sections 18 to 27, inclusive, 29, and 30 of this act
shall become operative on September 1, 2007.
SEC. 38. 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 make the necessary statutory changes to implement the
Budget Act of 2007 at the earliest time possible, it is necessary
that this act take effect immediately.