BILL NUMBER: AB 320	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Solorio
   (Coauthor: Assembly Member Fuentes)
    (   Coauthors:   Senators   Benoit
  and Huff   ) 

                        FEBRUARY 18, 2009

   An act to amend Section 15820.917 of the Government Code, relating
to county jails  , and declaring the urgency thereof, to take
effect immediately .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 320, as amended, Solorio. County jails: reentry facilities.
   Existing law provides state financing for construction 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 Department of Corrections and
Rehabilitation and the Corrections Standards Authority to give
coequal funding preference to counties that assist the state in
either siting reentry facilities or providing existing beds and
program space in county jails for use as reentry facilities. The bill
would provide that a county interested in providing reentry services
to state inmates shall be required to enter into a long-term
agreement with the department to provide those services and that the
department shall certify that the proposed reentry services meet
their approval.  The bill would provide that the changes made
by this act are prospective only.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 15820.917 of the Government Code is amended to
read:
   15820.917.  (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of 25 percent of the
total project costs. The Corrections Standards Authority (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) (1) The Department of Corrections and Rehabilitation (CDCR)
and CSA shall give coequal funding preference to counties that assist
the state in either siting reentry facilities or  providing
existing   ,   subject to the requirements of
paragraph (3), providing  beds and program space in county jails
for use as reentry facilities  ,   for prison
inmates  pursuant to Chapter 9.8 (commencing with Section 6270)
of Title 7 of Part 3 of the Penal Code.
   (2) A county interested in providing reentry services to state
inmates shall be required to enter into a long-term agreement with
the CDCR to provide those services and the CDCR shall certify that
the proposed reentry services meet their approval  and the
requirements of this subdivision  . 
   (3) If the following requirements are met, a county shall be
eligible for funding preference pursuant to this subdivision for
providing beds and program space in county jails for use as reentry
facilities for prison inmates:  
   (A) The beds and programs meet the reentry program facility
requirements of Section 6272 of the Penal Code.  
   (B) The CDCR develops the collaborative partnership with local
government, local law enforcement, and community service providers as
required in Section 6273 of the Penal Code.  
   (C) The minimum number of beds in county jails to be used as
reentry facilities for prison inmates shall be as follows:  

   (i) Any county with a general population at or above 500,000 shall
provide 500 jail beds to be designated and used exclusively as a
reentry facility for prison inmates.  
   (ii) Any county with a general population below 500,000 shall
provide at least as many jail beds to be used as a reentry facility
for prison inmates as there are county jail beds funded under this
chapter to be used for county jail inmates.  
   (D) Counties may meet the requirements of this paragraph with
existing jail beds, future jail beds to be constructed with funding
made available under this chapter, or a combination thereof. 
   (c) The CDCR 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. 
   (d) The amendments made to this section in the 2009-10 Regular
Session by the act that added this subdivision are prospective only
and not intended to affect any Phase 1 grant awards that were made
prior to the enactment of this act. 
   SEC. 2.    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:
 
   As of July 2009, the prison inmate population totaled nearly
170,000. A federal three-judge panel has ruled that the California
prison system must reduce overcrowding by as many as 55,000 inmates
within three years to provide a constitutional level of medical and
mental health care. In order to provide the prison capacity needed,
it is necessary that this act take effect immediately.