BILL NUMBER: AB 94 AMENDED
AMENDED IN SENATE APRIL 11, 2011
AMENDED IN SENATE APRIL 11, 2011
AMENDED IN SENATE MARCH 16, 2011
AMENDED IN SENATE MARCH 14, 2011
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2011
An act to amend Section 15820.917 of, and to add Section 15820.910
to, the Government Code, relating to criminal justice realignment,
and making an appropriation therefor,
declaring the urgency thereof, to take effect immediately,
bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 94, as amended, Committee on Budget. Criminal justice
Existing law authorizes the Department of Corrections and
Rehabilitation (CDCR), participating counties, and the State Public
Works Board (SPWB) to acquire, design, and construct local jail
facilities approved by the Corrections Standards Authority (CSA).
Existing law authorizes the SPWB to issue revenue bonds, notes, or
bond anticipation notes in specified amounts to finance the
acquisition, design, or construction, and a reasonable construction
reserve, of approved local jail facilities, as specified. Existing
law requires a minimum of 25% in county matching funds for projects
funded under these provisions and requires the CDCR and CSA to give
funding preference to counties that assist the state in siting
reentry facilities, as specified. AB 111 of the 2011-12 Regular
Session, if it becomes operative, instead requires that the CDCR and
the CSA give funding preference to counties that committed the
largest percentage of inmates to state custody in relation to the
total inmate population of CDCR in 2010.
This bill would, if AB 111 of the 2011-12 Regular Session becomes
operative, authorize counties that have received a conditional award
under one specified jail facilities financing program to relinquish
that award and reapply for a conditional award under a separate
financing program, as specified. The bill would lower to 10% the
required county contribution and additionally require the CDCR and
CSA to give funding preference to those counties that relinquish
those specified local jail construction conditional awards and agree
to continue to assist the state in siting reentry facilities, as
specified. The bill would cap at $100,000,000 the amount a county may
receive in proceeds from SPWB's issuance of bonds, notes, or bond
anticipation notes under those specified provisions.
This bill would appropriate $1,000 from the General Fund to the
CDCR for purposes of state operations to be used by the CSA in the
2011-12 fiscal year.
This bill would declare that it is to take effect immediately as
an urgency statute and a bill providing for
appropriations related to the Budget Bill.
Vote: 2/3 majority . Appropriation:
yes. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the 2011
Realignment Legislation Addressing Public Safety.
SEC. 2. Section 15820.910 is added to the Government Code, to
15820.910. A participating county that has received a conditional
award under the financing program, as set forth in Chapter 3.11
(commencing with Section 15820.80), may relinquish its conditional
award, provided that no state moneys have been encumbered in
contracts let by the county, and may reapply for a conditional award
under the financing program set forth in this chapter, as amended by
the act adding this section.
SEC. 3. Section 15820.17 of the Government Code, as amended by
Section 4 of Chapter 16 of the Statutes of 2011, is amended to read:
15820.917. (a) Participating county contribution for projects
funded under this chapter shall be a minimum of 10 percent of the
total project costs. The CSA may reduce contribution 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 contribution.
(b) The CDCR and CSA shall give funding preference to counties
that committed the largest percentage of inmates to state custody in
relation to the total inmate population of CDCR in 2010.
(c) The CDCR and CSA shall give funding preference to counties
that relinquish their conditional awards pursuant to Section
15820.910, provided that those counties agree to continue to assist
the state in siting reentry facilities pursuant to Chapter 9.8
(commencing with Section 6270) of Title 7 of Part 3 of the Penal
(d) A participating county shall not receive more than one hundred
million dollars ($100,000,000) in proceeds from an issuance of the
SPWB pursuant to subdivision (a) of Section 15820.913.
SEC. 4. In addition to any amounts provided in the Budget Act of
2011, the sum of one thousand dollars ($1,000) is hereby appropriated
from the General Fund to the Department of Corrections and
Rehabilitation for purposes of state operations to be used by the
Corrections Standards Authority in the 2011-12 fiscal year.
SEC. 5. This act shall become operative if Assembly Bill 111 of
the 2011-12 Regular Session of the Legislature becomes operative.
SEC. 6. 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
SEC. 7. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
In order to obtain savings related to the Budget Act of 2011 at
the earliest possible time, it is necessary that this act take effect