BILL ANALYSIS
AB 320
Page 1
ASSEMBLY THIRD READING
AB 320 (Solorio)
As Amended June 1, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 13-3
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|Ayes:|Solorio, Hagman, Furutani, |Ayes:|De Leon, Ammiano, Charles |
| |Gilmore, Hill, Ma, Skinner | |Calderon, Davis, Fuentes, |
| | | |Hall, John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
| | | | |
|-----+----------------------------+-----+-------------------------------|
| | |Nays:|Nielsen, Duvall, Harkey |
| | | | |
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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 existing beds and program space 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 a long-term agreement
with CDCR to provide such services and CDCR would need to certify
that the proposed reentry services meet their approval.
3)Specifies 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
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petition by a participating county to the CSA requesting a lower
level of matching funds.
2)Provides that CDCR and CSA shall give funding preference to counties
that assist the state in siting reentry facilities.
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.
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.
5)Requires that the CSA establish minimum standards, funding schedules,
and procedures, which shall take into consideration, but not be
limited to, the following:
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
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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.
6)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.
FISCAL EFFECT : According to the Assembly Appropriations Committee, to
the extent a county has jail bed capacity and enters into a lease with
the state for use of those beds as state reentry beds, this bill would
result in increased local revenue and commensurate state costs, which
would be offset by a reduction in state prison overcrowding.
COMMENTS : According to the author, "AB 320 is a follow-up to AB 900.
This bill 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 this bill help more counties receive AB 900
local jail construction funding, but also this bill will help the state
achieve its goal of providing up to 6,000 new reentry beds. This bill
also would reduce the state's projected costs to operate and maintain
new state reentry facilities. This bill is prospective only and will
not have an impact on any existing awards for county jail construction
bond financing."
Please see the policy committee analysis for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0001266