BILL ANALYSIS
AB 320
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 320 (Solorio)
As Amended September 11, 2009
Majority vote
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|ASSEMBLY: |76-1 |(June 2, 2009) |SENATE: |22-2 |(September 11, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Modifies the conditions for the funding of reentry
facilities under the Public Safety and Offender Rehabilitation
Services Act of 2007.
The Senate amendments :
1)State that 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 if the following requirements are met:
a) The beds and programs meet specified reentry program
facility requirements of the Penal Code requiring tailored
programs to inmates' interests and risk assessments as
specified.
b) The CDCR develops the collaborative partnership with
local government, local law enforcement, and community
service providers as specified.
c) The minimum number of beds in county jails to be used as
reentry facilities for prison inmates shall be as follows:
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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.
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.
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
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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 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
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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.
AS PASSED BY THE ASSEMBLY, this bill:
1)Required 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)Stated 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)Specified 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.
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."
AB 320
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
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