BILL ANALYSIS
AB 320
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Date of Hearing: March 31, 2009
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 320 (Solorio) - As Introduced: February 18, 2009
As Proposed to be Amended in Committee
REVISED
SUMMARY: Modifies the conditions for the funding of reentry
facilities under the Public Safety and Offender Rehabilitation
Services Act of 2007. Specifically, this bill :
1)Requires the Department of Corrections and Rehabilitation
(CDCR) and the Corrections Standards Authority (CSA) to give
coequal funding preference to counties that assist the state
in either siting reentry facilities or providing beds in
county jails for use as reentry facilities.
2)States that counties interested in providing reentry services
to state inmates would be required to enter into an agreement
with CDCR to provide such services and CDCR would need to
certify that the proposed reentry services meet their
approval.
3)Specify that the amendments made to this section are
prospective only and not intended to affect any Phase 1 grant
awards that were made prior to the enactment of this measure.
EXISTING LAW :
1)States that participating county matching funds for projects
funded under this chapter shall be a minimum of 25% 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.
[Government Code Section 15820.917(a).]
2)Provides that CDCR and CSA shall give funding preference to
counties that assist the state in siting reentry facilities.
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[Government Code Section 15820.917(b).]
3)States that CDCR shall give funding preference to counties
that assist the state in siting mental health day treatment
and crisis care and to counties who 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. [Government Code Section
15820.917(c).]
4)Authorizes CDCR and a participating county 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 jail facility in order to facilitate
the financing authorized by this chapter. 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 jail facility. (Government
Code Section 15820.915.)
5)Provides that the CSA shall adhere to its duly adopted
regulations for the approval or disapproval of local jail
facilities. The CSA shall also 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 CSA, and subsequent construction bids have
been received. The review and approval of plans,
specifications, or other documents by the CSA are for the
purpose of ensuring proper administration of moneys and
determination of whether the project specifications comply
with law and regulation. The CSA 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. [Government Code Section
15820.916(a).]
6)Requires that the CSA establish minimum standards, funding
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schedules, and procedures, which shall take into
consideration, but not be limited to, the following
[Government Code Section 15820.916(b)]:
a) 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 projects sufficient to assure undisturbed use
and possession.
b) Documentation of need for the project.
c) A written project proposal.
d) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the
local jail facility will be able to be safety staffed and
operated within 90 days of completion.
e) Submittal of architectural drawings, which shall be
approved by the CSA for compliance with minimum adult
detention facility standards and which shall also be
approved by the State Fire Marshal for compliance with fire
safety and life safety requirements.
f) Documentation evidencing the filing by a participating
county of final notice of determination on its
environmental impact report.
g) Provisions intended to maintain the tax-exempt status of
the bonds notes, or bond anticipation notes issued by the
State Public Works Board.
7)Authorizes CDCR to obtain day treatment, and to contract for
crisis care services, for parolees with mental health
problems. Day treatment and crisis care services should be
designed to reduce parolee recidivism and the chances that a
parolee will return to prison. CDCR shall work with counties
to obtain day treatment and crisis care services for parolees
with the goal of extending the services upon completion of the
offender's period of parole, if needed. (Penal Code Section
3073.)
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "AB 320 is a
follow-up to AB 900. It would create another incentive for
counties that apply or re-apply for AB 900 bond money by
granting co-equal preference to counties that provide reentry
services to inmates in their community by using existing
county beds in lieu of siting a new state reentry facility.
Not only would AB 320 help more counties receive AB 900 local
jail construction funding, but also it will help the state
achieve its goal of providing up to 6,000 new reentry beds. It
also would reduce the state's projected costs to operate and
maintain new state reentry facilities. AB 320 is prospective
only and will not have an impact on any existing awards for
county jail construction bond financing."
2)Background : This bill is a follow-up to the Public Safety and
Offender Rehabilitation Services Act of 2007 [AB 900
(Solorio), Chapter 7, Statutes of 2007]. AB 900 authorized
$7.4 billion in lease-revenue bond financing for the
construction of 40,000 new state prison beds and 13,000 new
county jail beds, phased-in over time and contingent upon a
series of rehabilitation program implementation benchmarks.
AB 900 placed strong emphasis on requiring CDCR to enhance
existing programs that reduce recidivism and implement new
ones, including substance abuse treatment, mental health care
and academic and vocational services. The two-pronged
approach was to provide new prison beds, while establishing
stronger rehabilitation and reentry efforts.
AB 900 established CDCR accountability standards by phasing in
facility construction. Phase I began in 2007 and authorized
$3.6 billion in bond financing for state prison beds and
another $750 million for local jail construction providing
8,000 beds. Phase II will be contingent upon CDCR
demonstrating it successfully met the Phase 1 benchmarks for
rehabilitation programs and new beds, and corrected management
deficiencies.
Counties received a funding preference for the local jail
construction bond money if their application included a site
for reentry facilities, an increase in mental health and
substance abuse services for parolees, or a mental health
treatment and parolees' crisis-care day site.
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3)Concerns with Gaining Access to AB 900 Funds : Many counties
did not receive local jail construction funding due to some of
the requirements or restrictions relating to the eligibility
process. Large urban counties with limited available land did
not receive the conditional awards they were initially granted
due to siting and operational constraints. Some small
counties had trouble meeting the financial match requirements,
especially given the economic downturn. As of January 2009,
only 11 counties (San Bernardino, San Joaquin, Kern, Santa
Barbara, San Diego, San Luis Obispo, Yolo, Madera, Calaveras,
Amador and San Benito) have been awarded bond money for jail
construction. There is still more than $164 million in bond
money available to be awarded during Phase I and another $470
million during Phase II.
4)AB 900 Overview :
a) Enhanced Anti-Recidivism and Rehabilitation Efforts : AB
900 required all new state prison beds to include substance
abuse treatment, work programs, academic and vocational
education, and mental health care. The act also mandated
implementation of 4,000 new dedicated substance abuse
treatment beds (CDCR currently operates about 9,000 such
beds), with post-release aftercare treatment for parolees.
Individualized program needs assessments for all inmates at
reception are required. AB 900 requires development of a
prison-to-employment plan to ensure programs provide
sufficient skills to assist in successful reentry and
employment. The "California Rehabilitation Oversight
Board" (C-ROB) was created to evaluate CDCR's
rehabilitation and treatment programs, and recommend
changes to the Legislature and Governor. Mental health day
treatment for parolees was ordered developed. AB 900
required implementation of a system of incentives designed
to increase participation in education programs and
encourage inmates to complete educational goals. CDCR was
authorized to use portable buildings for inmate
rehabilitation and treatment - and housing - to ensure
sufficient space. The act also required development of
"staffing pipeline" plan to fill vacant prison staff
positions, obtain treatment services from local
governments, and increase the number of rehabilitation and
treatment personnel with proper education and credentials.
AB 900 also required an appropriation of an additional $50
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million for rehabilitation and treatment enhancement in
2007-08.
b) Phase I State Prison Bed Construction :
i) AB 900 authorized $3.6 billion in lease-revenue bond
financing for 24,000 state prison beds:
(1) 12,000 "infill" beds - additional beds at
existing prisons designed to eliminate so-called "bad
beds," such as double- and triple-bunking in gyms and
dayrooms ($1.8 billion).
(2) 6,000 "reentry" facility beds - smaller,
secure state facilities of up to 500 beds with
concentrated rehabilitation services for inmates with
less than one year left to serve ($975 million).
(3) 6,000 medical/mental health beds - to address
needs identified by the federal court Receiver, who
will determine their use ($857 million).
c) Phase II State Prison Bed Construction Subject to
Program Benchmarks:
i) $2.5 billion was authorized in lease-revenue bond
financing for 16,000 state prison beds.
ii) 4,000 "infill" beds - additional beds at existing
prisons, designed to eliminate so-called "bad beds," such
as double- and triple-bunking in gyms and dayrooms ($600
million).
iii) 10,000 "reentry" facility beds - smaller, secure
state facilities of up to 500 beds with concentrated
rehabilitation services for inmates with less than one
year left to serve ($1.6 billion).
iv) 2,000 medical/mental health beds - to address needs
identified by the federal court receiver, who will to
determine their use ($286 million).
v) Funding will be available for Phase II only if the
following conditions and benchmarks are met and verified
by a three-member panel comprising the State Auditor, the
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Inspector General and an appointee of the Judicial
Council:
(1) 4,000 of the 12,000 "infill" beds authorized
in Phase I are under construction or sited, including
rehabilitation programming space.
(2) 2,000 of the 4,000 drug treatment slots
established.
(3) New individualized assessment procedures in
for six months.
(4) Specified levels of parolees being served in
mental health day treatment centers.
(5) The C-ROB in operation for one year.
(6) Implementation of a management deficiency
plan.
(7) A 10% increase in educational program
participation from April 2007.
(8) A vacancy rate for rehabilitation service
positions no greater than the average vacancy rate for
state employees.
5)Argument in Support : According to the Orange County Board of
Supervisors , "The Sheriff, with Board approval, successfully
applied for and was tentatively awarded a grant of $100
million in 2008 for the construction of new jail facilities at
the James A. Musick Facility. The tentative award was
contingent upon the County identifying a location that could
be sold to the State upon which the State would construct and
operate a State owned reentry facility with up to 500 beds.
In addition, the State required City Council approval if the
location proposed for State reentry was within the boundaries
of a city. The County's proposal to use existing, county
owned beds in Theo Lacy was not accepted by the State because
it could not be owned and operated by the State so the County
became ineligible for the grant. Other Counties shared
similar issues and also could not meet the requirements for
grant approval, including the counties of Los Angeles and San
Mateo.
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"As a solution based upon an agreement with the CDCR had with
the City and County of San Francisco for reentry beds paid for
by the State in a local jail under local supervision and
ownership, AB 320 addresses the concerns of Orange County and
others over local control of State prisoners housed within
their boundaries.
"Your language in AB 320 permits CDCR to give equal preference
in the coring of proposals to County applications that propose
the use of State funds to support locally owned and operated
reentry beds. This will enable us to use AB 900 funding to
construct additional beds in an existing jail without
surrendering the control over those beds to the CDCR. It is
our hope that with your legislation Orange County will be able
to successfully reapply for first round AB 900 funding of
reentry beds.
"For these reasons, the Orange County Board of Supervisors
would like to be on the record in support of AB 320 as
currently written."
6)Argument in Opposition: The City of Irvine states, "The City
of Irvine, a city nationally recognized for our commitment to
public safety, has been closely monitoring the implementation
of the Public Safety and Offender Rehabilitation Service Act
of 2007 (AB 900). The County of Orange and the Orange County
Sheriff-Coroner's Department previously submitted a proposal
to the Corrections Standards Authority, as part of AB 900, for
$100 million to expand the James A. Musick Honor Farm.
"The James A. Musick Honor Farm is adjacent to the City of
Irvine, and we regard Musick as it is currently structured to
be a compatible neighbor with our community. For 45 years,
the Orange County Sheriff-Coroner's Department has used this
facility for Level 1 offenders, offering rehabilitative
programs that emphasize agricultural skills and educational
programs that enable inmates to receive General Educational
Development (G.E.D.) certificates. The City of Irvine
supports the innovative programs offered at the Musick Honor
Farm and commends the historic commitment by County officials
to provide facilities and programs that are focused on the
rehabilitation of low risk offenders.
"While the City of Irvine could support funding to renovate
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the current facility in a manner which will maintain its
existing character and rehabilitative services for Level 1
offenders, we are opposed to any expansion of the facility
which changes the character by housing reentry inmates or any
other level of offender greater than what currently exists.
The Musick Honor Farm will be within 2,100 feet (0.4 miles) of
proposed housing at the Orange County Great Park and currently
abuts commercial development."
7)Prior Legislation : AB 900 (Solorio), Chapter 7, Statutes of
2007, authorizes $7.4 billion in lease-revenue bond financing
for construction of 40,000 new state prison beds and 13,000
new county jail beds, phased-in and contingent upon a series
of rehabilitation programming benchmarks; authorizes CDCR to
temporarily house up to 8,000 inmates in out-of-state
facilities for up to three years; and, requires CDCR to
implement and significantly enhance anti-recidivism
programming including substance abuse treatment, mental health
care, and academic and vocational education.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and
Municipal Employees
California Peace Officers' Association
California Police Chiefs Association
Orange County Board of Supervisors
Sheriff, County of Los Angeles
Opposition
City of Irvine
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744