BILL ANALYSIS                                                                                                                    

                                                                AB 552
                                                                Page  1

        AB 552 (Solorio)
        As Amended  April 6, 2010
        2/3 vote.  Urgency
        |ASSEMBLY: |     |(June 3, 2009)  |SENATE: |30-0 |(May 10, 2010)       |
                  (vote not relevant)
        |COMMITTEE VOTE:  |5-0  |(May 20, 2010)      |RECOMMENDATION: |Concur    |
        |                 |     |                    |                |          |
         Original Committee Reference:    HIGHER ED.  

         SUMMARY:    Modifies the funding authority for new state prison beds  
        constructed pursuant to the Public Safety and Offender  
        Rehabilitation Services Act of 2007.  

        The Senate amendments  delete the Assembly version of this bill and  
        1)Authorize the California Department of Corrections and  
          Rehabilitation (CDCR) to develop beds and treatment space to  
          serve inmates requiring mental health or medical services.  

        2)Provide that any beds developed with a medical or mental health  
          purpose shall be supported with rehabilitative programming, as  
          defined, that is consistent with the medical or mental health  
          services needed by the inmates.

        3)Authorize CDCR to renovate existing buildings at existing  
          facilities for medical, dental and mental health treatment, as  
          well as design, construct, or renovate any ancillary improvements  
          as specified.  

        4)Modify the calculation of design-build project augmentations from  
          construction funds.    

        5)Revise the Phase II conditional language requiring that at least  
          4,000 beds from Phase I be "under construction" to instead  


                                                                AB 552
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          require that at least 4,000 beds be "established by the by State  
          Public Works Board."

        EXISTING LAW  :

        1)Authorizes $6.2 billion in lease-revenue bond financing for  
          construction of 40,000 new state prison beds and $1.2 billion for  
          an estimated 13,000 new county jail beds, phased-in over time and  
          contingent upon a series of construction and rehabilitation  
          program implementation benchmarks.   
        2)Authorizes CDCR to design, construct, or renovate housing units,  
          support buildings, and programming space in order to add up to  
          12,000 beds at facilities under its jurisdiction.  CDCR is  
          required to complete site assessments at facilities at which it  
          intends to construct or renovate additional housing units,  
          support buildings, and programming space.  CDCR may use the  
          funding provided to complete these site assessments.  After  
          completing these site assessments, the department shall define  
          the scope and cost of each project.  

        3)Provides that the authority described above may be used to  
          develop new beds including appropriate programmatic space.

        4)Requires that any new beds constructed pursuant to the provisions  
          described above 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.  

        5)Provides that the purpose of beds constructed pursuant to the  
          provisions described above 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.  
        AS PASSED BY THE ASSEMBLY,  this bill established the Commission on  
        Adequate Funding for Career Technical and Vocational Education at  
        the California Community Colleges, funded through private funds,  
        comprised of specified members with specified powers and duties.
        FISCAL EFFECT  :   Unknown


                                                                AB 552
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         COMMENTS  :  According to the author, "CDCR and the Prison Court  
        Receiver have come to resolution on a plan regarding the  
        appropriate number of new medical and mental health beds needed in  
        our state's adult prison system.  AB 552 is an urgency bill that  
        would help implement that resolution.

        "AB 552 would allow AB 900 bond funding, previously authorized for  
        building new 'infill beds,' to also be used to build beds and  
        treatment spaces serving inmates with medical and mental health  
        needs.  It also authorizes bond money expenditure for the  
        renovation of facilities.

        "Passage of this legislation would allow 1,722 medical and mental  
        health beds to be constructed at an existing facility site in  

        "As you would anticipate, the build out at the Stockton facility  
        will lead to the creation of many jobs to help improve the economy.  
        "Not only will this new capacity ensure compliance with existing  
        court concerns related to medical care and mental health care, but  
        it will free up space at existing prison facilities for  
        rehabilitative services for other inmates.
        "Also, the negotiated construction plan will fully satisfy one of  
        the primary requirements necessary to achieving the goal of  
        restoring control of prison health care to the State as outlined in  
        the Federal Receiver's Turnaround Plan of Action.  Enactment of AB  
        552 will represent a significant step toward the conclusion of the  
        Federal Receivership."

         Analysis Prepared by :    Gabriel Caswell / PUB. S. / (916) 319-3744  

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