BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 94
Author: Assembly Budget Committee
Amended: 4/11/11
Vote: 27 - Urgency
WITHOUT REFERENCE TO FILE
PRIOR SENATE VOTES NOT RELEVANT
SENATE BUDGET & FISCAL REVIEW COMMITTEE : Not available
ASSEMBLY FLOOR : Not relevant
SUBJECT : Criminal Justice Realignment: AB 900 Bond
Funding for
Jail Construction
SOURCE : Author
DIGEST : This bill makes technical changes to AB 111
(Assembly Budget Committee, Chapter 16, Statutes of 2011,
pertaining to public safety realignment. These changes are
intended to make it easier for locals to access and utilize
jail construction funding authorized by AB 900 (Solorio),
Chapter 7, Statutes of 2007, which established a two-phase
construction plan for local jail facilities supported by
$1.22 billion in bond authority. Adding jail capacity will
help mitigate the impact of increased public safety
responsibilities at the local level. Specifically, this
bill (1) allows participating counties that received phase
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I conditional awards to relinquish the awards and reapply,
provided that no state moneys have been encumbered; (2)
adds a funding preference to counties that relinquish their
conditional awards, provided that those counties continue
to assist the state in siting reentry facilities; (3)
reduces county contribution of project costs from 25
percent to 10 percent; and (4) specifies that participating
counties shall not receive awards greater than $100
million.
ANALYSIS : AB 900 (Solorio), Chapter 7, Statutes of 2007,
authorized $1.2 billion in state lease revenue bond funding
for the construction of local jail facilities. The
original legislation split the funding into two phases.
The first phase of funding was allocated as conditional
awards in November 2009 and approximately $620 million was
awarded to the following counties:
San Bernardino
San Joaquin
Kern
Santa Barbara
San Diego
San Luis Obispo
Solano
Madera
Calaveras
Amador
San Benito
Phase I originally included $750 million, but since only
$620 million was awarded, the remaining funds were
shifted to phase II in AB 111 (Budget). AB 111 also
removed requirements that 4,000 local jail beds and 2,000
reentry beds be constructed prior to making the phase II
jail funds available. AB 111 also changed the
preferences for counties seeking jail construction
funding to the counties that have the largest percentage
of inmates in state prison in 2010. Previously
preference had been given to counties that helped to site
reentry facilities, establish mental health day treatment
and crisis care, and establish continuum of care programs
for parolees.
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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 t 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, if AB 111 of the 2011-12 Regular Session becomes
operative, authorizes 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. This bill lowers to 10 percent
the required county contribution and additionally
requires 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. This bill caps 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 appropriates $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 declares that it is to take effect immediately as
an urgency statute and a bill providing for
appropriations related to the Budget Bill.
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Comments
This bill, along with AB 111 that was passed earlier this
year, is intended to provide counties greater access to
state bond funding for the construction of local jail
facilities. These facilities will help counties deal
with the inmates being transitioned from state prison to
local jurisdictions by AB 109 public safety realignment.
Prior Legislation
AB 111 (Assembly Budget Committee), Chapter 16, Statutes of
2011, passed the Senate (25-14) on March 17, 2011.
AB 109 (Assembly Budget Committee), Chapter 15, Statutes of
2011, passed the Senate (24-16) on March 17, 2011.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
This bill does not have a direct fiscal effect. However,
lowering the county contribution for project costs may
result in state bond funds being available for fewer
projects than was the case with the higher county match.
This may result in added fiscal pressure in future years
if it is determined that additional local jail facilities
are needed.
RJG:mw 4/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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