BILL NUMBER: ABX1 16 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 7, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE SEPTEMBER 2, 2011
INTRODUCED BY Assembly Member Blumenfield
MAY 19, 2011
An act to amend Sections 30025, 30027, 30028.5, and 30061 of, and
to add Sections 30029.3 and 30029.4 to, the Government Code, to amend
Section 13821 of the Penal Code, to amend Sections 1954, 10823,
17600, 17600.10, 17601.20, and 18220.1 of the Welfare and
Institutions Code, and to amend Section 14 of Chapter 40 of the
Statutes of 2011, relating to local government finance, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 16, Blumenfield. Local Revenue Fund 2011.
Existing law establishes the Local Revenue Fund 2011, a
continuously appropriated fund, and creates various accounts and
subaccounts within that fund, for purposes of funding Public Safety
Services, as defined.
Existing law requires counties to create, as specified, a County
Local Revenue Fund 2011, and to create within that fund the Trial
Court Security Account, the District Attorney and Public Defender
Account, the Juvenile Justice Account, the Health and Human Services
Account, and the Supplemental Law Enforcement Account. Existing law
requires that those moneys in the fund and its accounts be used
exclusively for Public Safety Services, as defined, and for other
specific services, including funding grants pertaining to county
probation, mental health, drug and alcohol, and other county
departments to provide rehabilitative, housing, and supervision
services to youthful offenders.
This bill would create the Undistributed Account, the Foster Care
Assistance Subaccount, and the Foster Care Administration Subaccount
within the Local Revenue Fund 2011. The bill would allocate funding
to those accounts, as specified, and make other conforming changes.
The bill would authorize a county or counties to contract directly
with the State Department of Alcohol and Drug Programs, the State
Department of Health Care Services, and the State Department of
Social Services, as applicable and subject to certain conditions, to
provide for the provision or administration of specified Medi-Cal
drug treatment and agency adoption programs.
The bill would require that savings achieved by counties as a
result of the shift of residential placement costs for seriously
emotionally disturbed youth from the State Department of Social
Services to the State Department of Education, as specified, be
redirected to supplement foster care, child welfare services, and
adoptions program expenditures, as specified.
Existing law requires in each county treasury a Supplemental Law
Enforcement Services Account (SLESA), to receive all amounts
allocated to a county for purposes of specified law enforcement
services. Existing law also requires that in any fiscal year for
which a county receives moneys to be expended for those purposes,
that the county auditor allocate the moneys in the county's SLESA as
specified, including any interest or other return earned on the
investment of those moneys.
This bill would delete language requiring the allocated funds to
include interest or other return earned on the investment of those
moneys.
Existing law provides that commencing with the 2011-12 fiscal
year, the Controller shall allocate 9% of the amount deposited in the
Local Law Enforcement Services Account in the Local Revenue Fund
2011 to the California Emergency Management Agency, and that these
funds shall be allocated by the California Emergency Management
Agency according to the agency's existing programmatic guidelines.
Existing law also requires that of the amount allocated, the
California Emergency Management Agency shall distribute these funds
according to specified percentages. Existing law further provides
that beginning in the 2009-10 fiscal year and each fiscal year
thereafter the California Emergency Management Agency may retain up
to 3% of the funds allocated, as specified, for program
administrative costs.
This bill would provide that the funds instead be allocated by the
Controller pursuant to a schedule provided by the California
Emergency Management Agency which shall be developed according to the
agency's existing programmatic guidelines and according to specified
percentages. This bill would abolish the annual 3% retainer, and
instead provide that for the 2011-12 fiscal year, the California
Emergency Management Agency be reimbursed up to $511,000, as
specified, for program administrative costs.
Existing law requires that for the 2010-11 fiscal year, and each
fiscal year thereafter, a specified amount shall be transferred from
the General Fund to the Youthful Offender Block Grant Fund.
This bill would instead provide that for the 2011-12 fiscal year
no money would be transferred from the General Fund to the Youthful
Offender Block Grant Fund, and that for the 2012-13 fiscal year, and
each fiscal year thereafter, a specified amount shall be transferred
from the General Fund to the Youthful Offender Block Grant Fund.
Existing law establishes a statewide automated welfare system for
specified public assistance programs, and requires the Office of
Systems Integration to migrate counties into the system, as
specified. Existing law requires the office to produce a related
report in 2012.
This bill would additionally require the Office of Systems
Integration to oversee the migration of 39 counties into a system
jointly designed by the 39 counties in addition to the County of Los
Angeles under a specified contract, among other requirements for
implementation. The bill would also make a related change to the
required report.
Existing law establishes the Local Revenue Fund, a continuously
appropriated fund with specified accounts and subaccounts. Existing
law requires each county and city and county receiving funds from the
Local Revenue Fund to establish and maintain a local health and
welfare trust fund comprised of specified accounts.
This bill would create the CalWORKs Maintenance of Effort
Subaccount within the Local Revenue Fund, and require creation of a
CalWORKs Maintenance of Effort Subaccount within local health and
welfare trust funds, as specified.
Existing law provides that, as to counties, certain funds that
would have otherwise been deposited into the Mental Health
Subaccount, as specified, shall instead be deposited in the Social
Services Subaccount.
This bill would instead provide that those funds be deposited in
the CalWORKs Maintenance of Effort Subaccount. The bill would also
specify a county's annual contribution towards the cost of CalWORKs
grants.
Existing law provides that moneys within the Local Revenue Fund
2011 shall, upon order of the Director of Finance, be used to
reimburse the General Fund for costs incurred and expenditures made
by the state on behalf of any local governmental entity in providing
Public Safety Services, as defined.
This bill would provide that moneys within the Local Revenue Fund
2011 and the Undistributed Account shall, upon order of the Director
of Finance, be used to reimburse the General Fund for costs incurred
and expenditures made by the state on behalf of any local
governmental entity in providing Public Safety Services, as defined.
The bill would require that, for the 2011-12 fiscal year, moneys
within the Undistributed Account, upon order of the Director of
Finance, be used to reimburse the General Fund for costs incurred and
expenditures made by the state on behalf of any local governmental
entity in providing Public Safety Services, as defined.
This bill would require the Department of Finance to submit a
report to the Joint Legislative Budget Committee regarding the
funding of the Local Revenue Fund 2011, as specified. The bill would
state the intent of the Legislature that legislation enacted to
implement the 2011 Realignment shall address, at a minimum, funding
necessary for local public safety to achieve successful outcomes from
the implementation of criminal justice realignment provisions and
funding for the child welfare services and foster care programs
necessary to achieve critical outcomes, including state and federal
performance reviews.
The bill would appropriate $1,000 from the General Fund to the
California Emergency Management Agency for specified program
administrative costs.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation on
January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purposes of that constitutional provision.
This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30025 of the Government Code is amended to
read:
30025. (a) The Local Revenue Fund 2011 is hereby created in the
State Treasury and shall receive all revenues, less refunds, derived
from the taxes described in Sections 6051.15 and 6201.15; revenues as
may be allocated to the fund pursuant to Sections 11001.5 and 11005
of the Revenue and Taxation Code; and other moneys that may be
specifically appropriated to the fund.
(b) The Trial Court Security Account, the Local Community
Corrections Account, the Local Law Enforcement Services Account, the
Mental Health Account, the District Attorney and Public Defender
Account, the Juvenile Justice Account, the Health and Human Services
Account, the Reserve Account, and the Undistributed Account are
hereby created within the Local Revenue Fund 2011.
(c) The Youthful Offender Block Grant Subaccount and the Juvenile
Reentry Grant Subaccount are hereby created within the Juvenile
Justice Account.
(d) The Adult Protective Services Subaccount, the Foster Care
Assistance Subaccount, the Foster Care Administration Subaccount, the
Child Welfare Services Subaccount, the Adoptions Subaccount, the
Adoption Assistance Program Subaccount, the Child Abuse Prevention
Subaccount, the Women and Children's Residential Treatment Services
Subaccount, the Drug Court Subaccount, the Nondrug Medi-Cal Substance
Abuse Treatment Services Subaccount, and the Drug Medi-Cal
Subaccount are hereby created within the Health and Human Services
Account within the Local Revenue Fund 2011.
(e) Funds transferred to the Local Revenue Fund 2011 and its
accounts and subaccounts are, notwithstanding Section 13340,
continuously appropriated and shall be allocated pursuant to statute
exclusively for Public Safety Services as defined in subdivision (i)
and as further limited by statute. The moneys derived from taxes
described in subdivision (a) and deposited in the Local Revenue Fund
2011 shall be available to reimburse the General Fund for moneys that
are advanced to the Local Revenue Fund 2011. Additionally, all funds
deposited in the Local Revenue Fund 2011 and its accounts shall be
available to pay for state costs incurred during the 2011-12 fiscal
year from state agency or department appropriations authorized in the
Budget Act of 2011 for the realignment of Public Safety Services
programs during the 2011-12 legislative session. The Department of
Finance is authorized to determine the time, manner, and amount to be
reimbursed pursuant to this subdivision.
(f) (1) Each county treasurer, city and county treasurer, or other
appropriate official shall create a County Local Revenue Fund 2011
for the county or city and county and shall create the Local
Community Corrections Account, the Trial Court Security Account, the
District Attorney and Public Defender Account, the Juvenile Justice
Account, the Health and Human Services Account, and the Supplemental
Law Enforcement Services Account within the County Local Revenue Fund
2011 for the county or city and county.
(2) The moneys in the County Local Revenue Fund 2011 for each
county or city and county and its accounts shall be exclusively used
for Public Safety Services as defined in subdivision (i) and as
further described in this section.
(3) The moneys in the Trial Court Security Account shall be used
exclusively to fund trial court security provided by county sheriffs.
No general county administrative costs may be charged to this
account, including, but not limited to, the costs of administering
the account.
(4) The moneys in the Local Community Corrections Account shall be
used exclusively to fund the provisions of Chapter 15 of the
Statutes of 2011. The moneys within this account shall not be used by
local agencies to supplant other funding for Public Safety Services.
This account shall be the source of funding for the Postrelease
Community Supervision Act of 2011, as enacted by Section 479 of
Chapter 15 of the Statutes of 2011, and to fund the housing of
parolees in county jails.
(5) The moneys in the District Attorney and Public Defender
Account shall be used exclusively to fund costs associated with
revocation proceedings involving persons subject to state parole and
the Postrelease Community Supervision Act of 2011 (Title 2.05
(commencing with Section 3450) of Part 3 of the Penal Code). The
moneys shall be allocated equally by the county or city and county to
the district attorney's office and county public defender's office,
or where no public defender's office is established, to the county
for distribution for the same purpose.
(6) The moneys in the Juvenile Justice Account shall only be used
to fund activities in connection with the grant programs described in
this paragraph.
(A) The Youthful Offender Block Grant Subaccount shall be used to
fund grants solely to enhance the capacity of county probation,
mental health, drug and alcohol, and other county departments to
provide appropriate rehabilitative, housing, and supervision services
to youthful offenders, subject to Sections 731.1, 733, 1766, and
1767.35 of the Welfare and Institutions Code. Counties, in expending
an allocation from this subaccount, shall provide all necessary
services related to the custody and parole of the offenders.
(B) The Juvenile Reentry Grant Subaccount shall be used to fund
grants exclusively to address local program needs for persons
discharged from the custody of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities. County probation
departments, in expending the Juvenile Reentry Grant allocation,
shall provide evidence-based supervision and detention practices and
rehabilitative services to persons who are subject to the
jurisdiction of the juvenile court, and who were committed to and
discharged from the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities. "Evidence-based" refers to
supervision and detention policies, procedures, programs, and
practices demonstrated by scientific research to reduce recidivism
among individuals on probation or under postrelease supervision. The
funds allocated from this subaccount shall supplement existing
services and shall not be used by local agencies to supplant any
existing funding for existing services provided by those entities.
The funding provided from this subaccount is intended to provide
payment in full for all local government costs of the supervision,
programming, education, incarceration, or any other cost resulting
from persons discharged from custody or held in local facilities
pursuant to the provisions of Chapter 729 of the Statutes of 2010.
(7) The Health and Human Services Account and its subaccounts
described in subdivision (d) shall be used only to fund activities
performed in connection with the programs described in this
subdivision. The subaccounts shall be used exclusively as follows:
(A) The Adult Protective Services Subaccount shall be used to fund
adult protective services described in statute and regulation.
(B) The Foster Care Assistance Subaccount shall be used to fund
the cost of foster care grants and services as those services are
described in statute and regulation, including the costs for the
Title IV-E Child Welfare Waiver Demonstration Capped Allocation
Project.
(C) The Foster Care Administration Subaccount shall be used to
fund the administrative costs of foster care services as those
services are described in statute and regulation, including the costs
for the Title IV-E Child Welfare Waiver Demonstration Capped
Allocation Project.
(D) The Child Welfare Services Subaccount shall be used to fund
the costs of child welfare services as those services are described
in statute and regulation, including the costs for the Title IV-E
Child Welfare Waiver Demonstration Capped Allocation Project.
(E) The Adoptions Subaccount shall be used to fund the costs
connected with providing adoptive services, including agency
adoptions, as described in statute and regulation, including the
costs incurred by the county or city and county if the county or city
and county elects to contract with the state to provide those
services.
(F) The Child Abuse Prevention Subaccount shall be used to fund
the costs of child abuse prevention, intervention, and treatment
services as those costs and services are described in statute and
regulation.
(G) The Adoption Assistance Program Subaccount shall be used to
fund the administrative costs and payments for families adopting
children with special needs.
(H) The Women and Children's Residential Treatment Services
Subaccount shall be used to fund the costs of residential perinatal
drug services and treatment as those services and treatment are
described in statute and regulation.
(I) The Drug Court Subaccount shall be used to fund the costs of
drug court operations and services as those costs are currently
permitted and described by statute and regulation.
(J) The Nondrug Medi-Cal Substance Abuse Treatment Services
Subaccount shall be used to fund the costs of nondrug Medi-Cal
substance abuse treatment programs, as described in statute and
regulation.
(K) The Drug Medi-Cal Subaccount shall be used to fund the costs
of the Drug Medi-Cal program as that program is described in statute,
regulation, or the current State Plan Amendment.
(g) The moneys in the Reserve Account shall be used to fund
entitlements paid from the Foster Care Assistance Subaccount, the
Drug Medi-Cal Subaccount and the Adoption Assistance Program
Subaccount of the Health and Human Services Account.
(h) The moneys in the Undistributed Account shall be used to
reimburse the General Fund for costs incurred and expenditures made
by the state on behalf of any local government entity in providing
Public Safety Services, as defined in subdivision (i), and are
available for transfer to the Local Law Enforcement Services Account
to permit the full allocation as described in subdivision (e) of
Section 30029.
(i) For purposes of this section, "Public Safety Services" shall
include all of the following:
(1) Employing public safety officials, prosecutors, public
defenders, and court security staff.
(2) Managing local jails, housing and treating youthful offenders,
and providing services for, and overseeing the supervised release
of, offenders.
(3) Preventing child abuse, providing services to children who are
abused, neglected, or exploited, providing services to vulnerable
children and their families, and providing adult protective services.
(4) Providing mental health services to children and adults in
order to reduce failure in school, harm to themselves and others,
homelessness, and preventable incarceration.
(5) Preventing, treating, and providing recovery services for
alcohol and drug abuse.
(j) The realignment moneys collected by the state and distributed
to the local governmental entities pursuant to this article shall be
considered state funds for the purposes of the political subdivision
provision of the nonfederal share of Medicaid expenditures for
purposes of Section 5001(g)(2) of the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) and Section 100201(c)(6)
of the federal Patient Protection and Affordable Care Act (Public Law
111-148).
SEC. 2. Section 30027 of the Government Code is amended to read:
30027. (a) For the 2011-12 fiscal year, on the 15th of every
month, the Controller shall allocate to the Mental Health Account of
the Local Revenue Fund 2011, ninety million three hundred thousand
dollars ($90,300,000) of the revenue received into Local Revenue Fund
2011, pursuant to Sections 6051.15 and 6201.15 of the Revenue and
Taxation Code.
(b) (1) All funds obtained pursuant to Sections 11001.5 and 11005
of the Revenue and Taxation Code shall be deposited in the Local Law
Enforcement Services Account. However, no more than four hundred and
eighty-nine million nine hundred thousand dollars ($489,900,000) in
total shall be allocated out of the Local Law Enforcement Services
Account.
(2) For the 2011-12 fiscal year, every month the Controller shall
allocate to the Local Law Enforcement Services Account three million
forty-one thousand six hundred sixty-seven dollars ($3,041,667) of
the amounts received during any month into the Local Revenue Fund
2011 pursuant to Sections 6051.15 and 6201.15 of the Revenue and
Taxation Code. However, these deposits shall cease once the Local Law
Enforcement Services Account has been allocated four hundred
eighty-nine million nine hundred thousand dollars ($489,900,000).
(3) If on June 27, 2012, there have been insufficient funds
provided to the Local Law Enforcement Services Account to permit the
full allocation as described in subdivision (e) of Section 30029, the
Director of Finance shall allocate sufficient funds from the
Undistributed Account to provide that full allocation.
(c) For the 2011-12 fiscal year, of the amounts received during
any month into the Local Revenue Fund 2011 pursuant to Sections
6051.15 and 6201.15 of the Revenue and Taxation Code, after having
first deducted the amount described in subdivisions (a) and (b), or
any other revenue except those received pursuant to Section 11005 of
the Revenue and Taxation Code, shall be allocated by the Controller
on the 15th of every month as follows:
(1) Twelve and forty-five hundredths of 1 percent shall be
allocated to the Trial Court Security Account. However, no more than
four hundred ninety-six million four hundred twenty-nine thousand
dollars ($496,429,000) in total shall be allocated to the Trial Court
Security Account, and the total allocation to the account shall be
reduced by the Director of Finance, as appropriate, to reflect any
reduction in trial court security costs.
(2) Eight and eighty-nine hundredths of 1 percent shall be
allocated to the Local Community Corrections Account.
(3) Thirty-two hundredths of 1 percent shall be allocated to the
District Attorney and Public Defender Account. However, no more than
twelve million seven hundred thousand dollars ($12,700,000) in total
shall be allocated to the District Attorney and Public Defender
Account.
(4) Two and forty-four hundredths of 1 percent shall be allocated
to the Juvenile Justice Account. However, no more than ninety-seven
million one hundred ninety thousand dollars ($97,190,000) shall be
allocated to the Juvenile Justice Account.
(5) Forty-five and thirty-one hundredths of 1 percent shall be
allocated to the Health and Human Services Account.
(6) If revenue received into the Local Revenue Fund 2011, pursuant
to Sections 6051.15 and 6201.15 of the Revenue and Taxation Code,
cannot be allocated to a particular account described in paragraphs
(1) to (5), inclusive, due to the cap for that account having been
reached, then those funds shall be placed into the Reserve Account.
The Director of Finance may allocate the funds in the Reserve Account
to reimburse a county or city and county for services funded by the
Adoption Assistance Program Subaccount, the Foster Care Assistance
Subaccount, or the Drug Medi-Cal Subaccount of the Health and Human
Services Account. The Controller shall allocate those funds based on
a schedule provided by the Director of Finance, as submitted from
time to time at the discretion of the Director of Finance.
(7) After the allocations are made pursuant to paragraphs (1) to
(6), inclusive, the remainder of any revenue received into the Local
Revenue Fund 2011 shall be deposited in the Undistributed Account.
(d) It is the intent of the Legislature that new allocation
formulas be developed using appropriate data and information for the
2012-13 fiscal year and each fiscal year thereafter. It is also the
intent of the Legislature that sufficient protections be in place to
provide ongoing funding and mandate protection for the state and
local government.
SEC. 3. Section 30028.5 of the Government Code is amended to read:
30028.5. Funds allocated to the Health and Human Services Account
from the Local Revenue Fund 2011 pursuant to paragraph (5) of
subdivision (c) of Section 30027 shall be allocated by the Controller
as follows:
(a) Three percent to the Adult Protective Services Subaccount.
(b) Twenty-one and seven-tenths of 1 percent to the Foster Care
Assistance Subaccount.
(c) Two and two-tenths of 1 percent to the Foster Care
Administration Subaccount.
(d) Thirty-seven and one-tenth of 1 percent to the Child Welfare
Services Subaccount.
(e) Three and nine-tenths of 1 percent to the Adoptions
Subaccount.
(f) Seven-tenths of 1 percent to the Child Abuse Prevention
Subaccount.
(g) Twenty-one and two-tenths of 1 percent to the Adoption
Assistance Program Subaccount.
(h) Three-tenths of 1 percent to the Women and Children's
Residential Treatment Services Subaccount.
(i) One and five-tenths of 1 percent to the Drug Court Subaccount.
(j) One and one-tenth of 1 percent to the Nondrug Medi-Cal
Substance Abuse Treatment Services Subaccount.
(k) Seven and three-tenths of 1 percent to the Drug Medi-Cal
Subaccount.
SEC. 4. Section 30029.3 is added to the Government Code, to read:
30029.3. (a) Notwithstanding any other law and to the extent
consistent with or required by federal law or court order, a county
or counties may contract directly with the State Department of
Alcohol and Drug Programs, the State Department of Health Care
Services, and the State Department of Social Services, as applicable,
to provide for the provision or administration of the following
programs:
(1) Medi-Cal Drug Treatment Program pursuant to Chapter 3.4
(commencing with Section 11758.40) of Part 1 of Division 10.5 of the
Health and Safety Code.
(2) Agency adoptions pursuant to Chapter 2 (commencing with
Section 16100) of Part 4 of Division 9 of the Welfare and
Institutions Code and Chapter 2 (commencing with Section 8700) of
Part 2 of Division 13 of the Family Code. Notwithstanding any other
provision of law, a license issued pursuant to Chapter 3 (commencing
with Section 1500) of Division 2 of the Health and Safety Code shall
not be required of a county that provides agency adoption program
services.
(b) Contracts entered into concerning the services identified in
subdivision (a) shall be exempt from the requirements of Chapter 1
(commencing with Section 10100) and Chapter 2 (commencing with
Section 10290) of Part 2 of Division 2 of the Public Contract Code.
(c) Nothing in this section shall prevent a county from providing
administration or services for any of the programs in subdivision (a)
through a contract with another county, joint powers agreement, or
county consortium.
SEC. 5. Section 30029.4 is added to the Government Code, to read:
30029.4. (a) The following terms have the following meanings for
purposes of implementing this section:
(1) "Adoptions" includes adoption services provided to children
and families pursuant to Section 16100 of the Welfare and
Institutions Code or which a county enters into an agreement with
another entity to provide on the county's behalf.
(2) "Child welfare services" includes those services provided to
children and families pursuant to Chapter 5 (commencing with Section
16500) of the Welfare and Institutions Code.
(3) "Foster care" includes expenditures for out-of-home placements
for children pursuant to Article 5 (commencing with Section 11400),
and Kinship Guardianship Assistance Payments provided pursuant to
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385) of, Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code.
(b) Savings achieved by counties as a result of the shift of
residential placement costs for seriously emotionally disturbed youth
from the State Department of Social Services to the State Department
of Education pursuant to Chapter 43 of the Statutes of 2011 shall be
redirected to supplement foster care, child welfare services, or
adoptions program expenditures. These savings amounts, as defined in
subdivision (c), shall not supplant other foster care, child welfare
services, or adoptions program expenditures for the 2011-12 fiscal
year and each fiscal year thereafter. No county shall be required to
redirect funding to foster care, child welfare services, or adoptions
programs, or any combination of those programs or services, in an
amount greater than the amount of the offsetting savings the county
achieved as a result of the shift of residential placement costs. It
is the intent of the Legislature that the requirements of this
section shall result in no net costs to any county.
(c) The amount of savings that each county is responsible for
maintaining within the foster care, child welfare services, or
adoptions programs as defined in subdivision (a) will be calculated
by the State Department of Social Services, in conjunction with the
Department of Finance and the County Welfare Directors Association,
using the average total annual amount each county spent on the county
share of residential placement costs for seriously emotionally
disturbed youth pursuant to Assembly Bill 3632 (Chapter 1747 of the
Statutes of 1984) in the 2007-08, 2008-09, and 2009-10 fiscal years.
(d) This act is not intended to limit or restrict savings realized
by counties from other caseload decreases or other decreases in
costs for the foster care, child welfare services, or adoptions
programs.
(e) This section shall not be construed to create an obligation
for any county that previously opted to spend greater than the amount
necessary to fully match its base allocation of General Fund moneys
for child welfare services and adoptions in a given fiscal year to
continue such an overmatch.
SEC. 6. Section 30061 of the Government Code is amended to read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Account (SLESA), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county's SLESA within 30 days of the
deposit of those moneys into the fund, and shall allocate those
moneys in accordance with the requirements set forth in this
subdivision. However, the auditor shall not transfer those moneys to
a recipient agency until the Supplemental Law Enforcement Oversight
Committee certifies receipt of an approved expenditure plan from the
governing board of that agency. The moneys shall be allocated as
follows:
(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide, except as provided in subdivision (j), a grant
of at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. For a newly incorporated city whose
population estimate is not published by the Department of Finance,
but that was incorporated prior to July 1 of the fiscal year in which
an allocation from the SLESA is to be made, the city manager, or an
appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESA is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. Except as provided in subdivision (j), the county
auditor shall allocate a grant of at least one hundred thousand
dollars ($100,000) to each law enforcement jurisdiction. Moneys
allocated to the county pursuant to this subdivision shall be
retained in the county SLESA, and moneys allocated to a city pursuant
to this subdivision shall be deposited in an SLESA established in
the city treasury.
(4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph. The juvenile justice plan shall be developed by the local
juvenile justice coordinating council in each county and city and
county with the membership described in Section 749.22 of the Welfare
and Institutions Code. If a plan has been previously approved by the
Corrections Standards Authority, the plan shall be reviewed and
modified annually by the council. The plan or modified plan shall be
approved by the county board of supervisors, and in the case of a
city and county, the plan shall also be approved by the mayor. The
plan or modified plan shall be submitted to the Corrections Standards
Authority by May 1 of each year.
(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile
offenders, and their families.
(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the
following requirements:
(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of
program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Corrections Standards Authority shall review plans or
modified plans submitted pursuant to this paragraph within 30 days
upon receipt of submitted or resubmitted plans or modified plans. The
authority shall approve only those plans or modified plans that
fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the approval of
its plan or modified plan. The authority shall offer, and provide,
if requested, technical assistance to any county or city and county
that submits a plan or modified plan not in compliance with the
requirements of this paragraph. The SLESA shall only allocate funding
pursuant to this paragraph upon notification from the authority that
a plan or modified plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October
15, 2002, and annually each October 15 thereafter, to the county
board of supervisors and the Corrections Standards Authority, in a
format specified by the authority, on the programs funded pursuant to
this chapter and program outcomes as specified in subparagraph (C).
(ii) The Corrections Standards Authority shall compile the local
reports and, by March 15, 2003, and annually thereafter, make a
report to the Governor and the Legislature on program expenditures
within each county and city and county from the appropriation for the
purposes of this paragraph, on the outcomes as specified in
subparagraph (C) of the programs funded pursuant to this paragraph
and the statewide effectiveness of the comprehensive multiagency
juvenile justice plans.
(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs. The board shall, at a public hearing held at a time
determined by the board in each year that the Legislature
appropriates funds for purposes of this chapter, or within 30 days
after a request by a recipient agency for a hearing if the funds have
been received by the county from the state prior to that request,
consider and determine each submitted request within 60 days of
receipt, pursuant to the decision of a majority of a quorum present.
The board shall consider these written requests separate and apart
from the process applicable to proposed allocations of the county
general fund.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be acted upon by
the city council in the same manner as specified in paragraph (1)
for county appropriations. As a condition for the receipt of those
funds, a city shall maintain its overall funding for frontline
municipal police services at or above the 2010-11 fiscal year level.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund frontline municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district. These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) In the 2009-10 fiscal year, and every fiscal year thereafter,
the Controller shall allocate 21.30 percent of the amount deposited
in the Local Safety and Protection Account for purposes of paragraphs
(1), (2), and (3) of subdivision (b), and shall allocate 21.30
percent for purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2011-12 fiscal year, the Controller shall
allocate 23.54 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 for the
purposes of paragraphs (1), (2), and (3) of subdivision (b), and
shall allocate 23.54 percent for purposes of paragraph (4) of
subdivision (b).
(g) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance. In the 2009-10 fiscal year, and each
fiscal year thereafter, the Controller shall allocate funds
authorized for purposes of this chapter on a quarterly basis,
beginning October 1 of each year.
(h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met this
requirement shall remit unspent SLESF moneys received prior to April
1, 2009, to the Controller for deposit into the General Fund. A local
agency that has not met the requirement of this subdivision shall
remit unspent SLESF moneys received after April 1, 2009, to the
Controller for deposit in the Local Safety and Protection Account,
and after April 1, 2012, to the Local Law Enforcement Services
Account.
(i) If a county, a city, a city and county, or a qualifying
special district does not comply with the requirements of this
chapter to receive an SLESA allocation, the Controller shall revert
funds that were provided for the noncompliant entity prior to April
1, 2009, to the General Fund. Funds provided for the noncompliant
entity after March 1, 2009, shall be reverted to the Local Safety and
Protection Account, and after March 1, 2012, shall be reverted to
the Local Law Enforcement Services Account.
(j) In the 2010-11 fiscal year, if the fourth quarter revenue
derived from fees imposed by subdivision (a) of Section 10752.2 of
the Revenue and Taxation Code that are deposited in the General Fund
and transferred to the Local Safety and Protection Account, and
continuously appropriated to the Controller for allocation pursuant
to this section, are insufficient to provide a minimum grant of one
hundred thousand dollars ($100,000) to each law enforcement
jurisdiction, the county auditor shall allocate the revenue
proportionately, based on the allocation schedule in paragraph (3) of
subdivision (b). The county auditor shall proportionately allocate,
based on the allocation schedule in paragraph (3) of subdivision (b),
all revenues received after the distribution of the fourth quarter
allocation attributable to these fees for which payment was due prior
to July 1, 2011, until all minimum allocations are fulfilled, at
which point all remaining revenue shall be distributed
proportionately among the other jurisdictions.
SEC. 7. Section 13821 of the Penal Code is amended to read:
13821. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 12.68 percent in the 2008-09 fiscal year and 11.42 percent
in the 2009-10 fiscal year, and each fiscal year thereafter, to the
California Emergency Management Agency. The Controller shall allocate
these funds on a quarterly basis beginning April 1, 2009.
(b) Commencing with the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 to the
California Emergency Management Agency. The Controller shall allocate
these funds on a quarterly basis beginning on October 1. These funds
shall be allocated by the Controller pursuant to a schedule provided
by the California Emergency Management Agency which shall be
developed according to the agency's existing programmatic guidelines
and the following percentages:
(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal
year and each fiscal year thereafter.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2
percent in the 2011-12 fiscal year, and each fiscal year thereafter.
(3) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 12.48 percent in the 2011-12 fiscal year
and each fiscal year thereafter.
(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83 percent
in the 2011-12 fiscal year, and each fiscal year thereafter.
(5) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 3.91 percent in the 2011-12 fiscal year and
each fiscal year thereafter.
(6) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 9.06
percent in the 2011-12 fiscal year and each fiscal year thereafter.
(c) For the 2011-12 fiscal year, the California Emergency
Management Agency may be reimbursed up to five hundred eleven
thousand dollars ($511,000) from the funds allocated in subdivision
(b) for program administrative costs.
SEC. 8. Section 1954 of the Welfare and Institutions Code is
amended to read:
1954. (a) There is no appropriation from the General Fund for the
purpose described in subdivision (b) for the 2011-12 fiscal year.
(b) For the 2012-13 fiscal year, and each fiscal year thereafter,
an amount shall be transferred from the General Fund to the Youthful
Offender Block Grant Fund equal to that amount transferred to the
Youthful Offender Block Grant Fund for the 2009-10 fiscal year, as
described in subdivisions (a), (b), and (c) of Section 1953.5,
adjusted to account for full-year impacts.
SEC. 9. Section 10823 of the Welfare and Institutions Code, as
amended by Section 13 of Chapter 4 of the Fourth Extraordinary
Session of the Statutes of 2009, is amended to read:
10823. (a) (1) The Office of Systems Integration shall implement
a statewide automated welfare system for the following public
assistance programs:
(A) The CalWORKs program.
(B) CalFresh.
(C) The Medi-Cal program.
(D) The foster care program.
(E) The refugee program.
(F) County medical services programs.
(2) Statewide implementation of the statewide automated welfare
system for the programs listed in paragraph (1) shall be achieved
through no more than four county consortia, including the Interim
Statewide Automated Welfare System Consortium, and the Los Angeles
Eligibility, Automated Determination, Evaluation, and Reporting
System.
(3) Notwithstanding paragraph (2), the Office of Systems
Integration shall migrate the 35 counties that currently use the
Interim Statewide Automated Welfare System (SAWS) into the C-IV
system within the following timeline:
(A) Complete Migration System Test and begin User Acceptance
Testing on or before June 30, 2009.
(B) Complete implementation in at least five counties by February
28, 2010.
(C) Complete implementation in at least 14 additional counties on
or before May 31, 2010.
(D) Complete implementation in all 35 counties on or before August
31, 2010.
(E) Decommission the Interim Statewide Automated Welfare System on
or before January 31, 2011.
(4) Notwithstanding paragraph (2), the Office of Systems
Integration shall oversee the migration of the 39 counties composing
the C-IV Consortium into a system jointly designed by the 39 counties
plus Los Angeles County under the LEADER Replacement System
contract. This migration shall result in a new consortium to replace
the LEADER and C-IV Consortia.
(5) The consortia and the state shall take any action necessary to
ensure that the current SAWS maintenance and operations agreements
are extended for the LEADER and C-IV Consortia, pending the
completion of the LEADER Replacement System and migration of the C-IV
Consortium as set forth in paragraph (4), and for the continuation
of the Welfare Client Data System Consortium.
(6) Each SAWS consortium shall provide a seat on its governing
body for a representative of the state and shall allow for the
stationing of state staff at the project site.
(b) Nothing in subdivision (a) transfers program policy
responsibilities related to the public assistance programs specified
in subdivision (a) from the State Department of Social Services or
the State Department of Health Care Services to the Office of Systems
Integration.
(c) (1) On February 1 of each year, the Office of Systems
Integration shall provide an annual report to the appropriate
committees of the Legislature on the statewide automated welfare
system implemented under this section. The report shall address the
progress of state and consortia activities and any significant
schedule, budget, or functionality changes in the project.
(2) The report provided pursuant to this subdivision in 2012 shall
also include the projected timeline and key milestones for the
development of the LEADER Replacement System and of the new
consortium described in paragraph (4) of subdivision (a).
(d) Notwithstanding any other law, the Statewide Automated Welfare
System consortia shall have the authority to expend within approved
annual state budgets for each system as follows:
(1) Make changes within any line item, provided that the change
does not create additional project costs in the current or in a
future budget year.
(2) Make a change of up to one hundred thousand dollars ($100,000)
or 10 percent of the total for the line item from which the funds
are derived, whichever is greater, between line items with notice to
the Office of Systems Integration, provided that the change does not
create additional project costs in the current or in a future budget
year.
(3) Make requests to the Office of Systems Integration for changes
between line items of greater than one hundred thousand dollars
($100,000) or 10 percent of the total for the line item from which
the funds are derived, which do not increase the total cost in the
current or a future budget year. The Office of Systems Integration
shall take action to approve or deny the request within 10 days.
SEC. 10. Section 17600 of the Welfare and Institutions Code is
amended to read:
17600. (a) There is hereby created the Local Revenue Fund, which
shall have all of the following accounts:
(1) The Sales Tax Account.
(2) The Vehicle License Fee Account.
(3) The Vehicle License Collection Account.
(4) The Sales Tax Growth Account.
(5) The Vehicle License Fee Growth Account.
(b) The Sales Tax Account shall have all of the following
subaccounts:
(1) The Mental Health Subaccount.
(2) The Social Services Subaccount.
(3) The Health Subaccount.
(4) The CalWORKs Maintenance of Effort Subaccount.
(c) The Sales Tax Growth Account shall have all of the following
subaccounts:
(1) The Caseload Subaccount.
(2) The Base Restoration Subaccount.
(3) The Indigent Health Equity Subaccount.
(4) The Community Health Equity Subaccount.
(5) The Mental Health Equity Subaccount.
(6) The State Hospital Mental Health Equity Subaccount.
(7) The County Medical Services Subaccount.
(8) The General Growth Subaccount.
(9) The Special Equity Subaccount.
(d) Notwithstanding Section 13340 of the Government Code, the
Local Revenue Fund is hereby continuously appropriated, without
regard to fiscal years, for the purpose of this chapter.
(e) The Local Revenue Fund shall be invested in the Surplus Money
Investment Fund and all interest earned shall be distributed in
January and July among the accounts and subaccounts in proportion to
the amounts deposited into each subaccount, except as provided in
subdivision (f).
(f) If a distribution required by subdivision (e) would cause a
subaccount to exceed its limitations imposed pursuant to any of the
following, the distribution shall be made among the remaining
subaccounts in proportion to the amounts deposited into each
subaccount in the six prior months:
(1) Subdivision (a) of Section 17605.
(2) Paragraph (1) of subdivision (a) of Section 17605.05.
(3) Subdivision (b) of Section 17605.10.
(4) Subdivision (c) of Section 17605.10.
SEC. 11. Section 17600.10 of the Welfare and Institutions Code is
amended to read:
17600.10. (a) Each county and city and county receiving funds in
accordance with this chapter shall establish and maintain a local
health and welfare trust fund comprised of the following accounts:
(1) The mental health account.
(2) The social services account.
(3) The health account.
(4) The CalWORKs Maintenance of Effort Subaccount.
(b) Each city receiving funds in accordance with this chapter
shall establish and maintain a local health and welfare trust fund
comprised of a health account and a mental health account.
SEC. 12. Section 17601.20 of the Welfare and Institutions Code is
amended to read:
17601.20. (a) Notwithstanding any other law, beginning in the
2011-12 fiscal year, except for the funds described in subdivision
(c), any funds under this chapter or any other provision of Chapter
89 of the Statutes of 1991 that would have otherwise been deposited
into the Mental Health Subaccount subsequent to July 15 shall instead
be deposited in the CalWORKs Maintenance of Effort Subaccount.
(b) All of the funds deposited in the CalWORKs Maintenance of
Effort Subaccount pursuant to subdivision (a) shall be used by each
county and city and county that receives an allocation of those funds
to pay an increased county contribution toward the costs of CalWORKs
grants. Each county's total annual contribution pursuant to this
section shall equal the total amount of funds deposited in the county'
s CalWORKs Maintenance of Effort Subaccount during that fiscal year.
The CalWORKs Maintenance of Effort Subaccount shall not be subject to
the transferability provisions of Section 17600.20 and shall not be
factored into the calculation of growth allocations pursuant to
Article 7 (commencing with Section 17606.05). Each county's
contribution pursuant to this section shall be in addition to the
share of cost required pursuant to Section 15200.
(c) There shall be a monthly allocation from the Mental Health
Account in the Local Revenue Fund 2011 to the Mental Health
Subaccount pursuant to subdivision (a) of Section 30027 of the
Government Code.
SEC. 13. Section 18220.1 of the Welfare and Institutions Code is
amended to read:
18220.1. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 5.85 percent in the 2009-10 fiscal year and each year
thereafter. The Controller shall allocate these funds on a quarterly
basis beginning April 1, 2009, to the Department of Corrections and
Rehabilitation. The department shall allocate the funds appropriated
in the annual Budget Act and included in the Local Safety and
Protection Account among counties that operate juvenile camps and
ranches based on the number of occupied beds in each camp as of 12:01
a.m. each day, up to the Corrections Standards Authority rated
maximum capacity, as determined by the Corrections Standards
Authority.
(b) Commencing with the 2011-12 fiscal year, the Controller shall,
on a quarterly basis beginning October 1, allocate 6.47 percent of
the funds deposited in the Local Law Enforcement Services Account in
the Local Revenue Fund 2011 pursuant to a schedule provided by the
Department of Corrections and Rehabilitation. The department's
schedule shall provide for the allocation of funds appropriated in
the annual Budget Act, and included in the Local Law Enforcement
Services Account, among counties that operate juvenile camps and
ranches based on the number of occupied beds in each camp as of 12:01
a.m. each day, up to the Corrections Standards Authority rated
maximum capacity, as determined by the Corrections Standards
Authority.
SEC. 14. Section 14 of Chapter 40 of the Statutes of 2011 is
amended to read:
Sec. 14. For the 2011-12 fiscal year, in accordance with
subdivision (e) of Section 30025 of the Government Code, moneys
within the Local Revenue Fund 2011 and the Undistributed Account
shall, upon order of the Director of Finance, be used to reimburse
the General Fund for costs incurred and expenditures made by the
state on behalf of any local governmental entity in providing Public
Safety Services, as defined in subdivision (i) of Section 30025 of
the Government Code, permissible to be paid from the Local Community
Corrections Account as described in Section 30025 of the Government
Code. For the 2011-12 fiscal year, in accordance with subdivision (e)
of Section 30025 of the Government Code, moneys within the
Undistributed Account shall, upon order of the Director of Finance,
be used to reimburse the General Fund for costs incurred and
expenditures made by the state on behalf of any local governmental
entity in providing Public Safety Services, as defined in subdivision
(i) of Section 30025 of the Government Code.
SEC. 15. On or before May 30, 2012, the Department of Finance
shall submit a report to the Joint Legislative Budget Committee
regarding the funding of the Local Reserve Fund 2011. This report
shall include the estimated amount of moneys used to reimburse the
state for the 2011-12 fiscal year, and the anticipated use of the
moneys in the Undistributed Account.
SEC. 16. It is the intent of the Legislature that legislation
enacted to implement the 2011 Realignment shall address, as a
priority, funding necessary for local public safety to achieve
successful outcomes from the implementation of Assembly Bill 109
(Chapter 15 of the Statutes of 2011), and the funding for the child
welfare services and foster care programs necessary to achieve
critical outcomes, including state and federal performance reviews.
SEC. 17. There is hereby appropriated one thousand dollars
($1,000) from the General Fund to the California Emergency Management
Agency for program administrative costs incurred in connection with
Section 13281 of the Penal Code.
SEC. 18. This act
addresses the fiscal emergency declared and reaffirmed by the
Governor by proclamation on January 20, 2011, pursuant to subdivision
(f) of Section 10 of Article IV of the California Constitution.
SEC. 19. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.