BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1481|
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THIRD READING
Bill No: AB 1481
Author: Assembly Budget Committee
Amended: 6/25/12 in Senate
Vote: 21
SENATE BUDGET & FISCAL REVIEW COMMITTEE : 10-1, 6/25/12
AYES: Leno, Alquist, DeSaulnier, Hancock, Liu, Lowenthal,
Negrete McLeod, Simitian, Wolk, Wright
NOES: Anderson
NO VOTE RECORDED: Emmerson, Evans, Fuller, Gaines, La
Malfa
ASSEMBLY FLOOR : 47-23, 3/22/12 - See last page for vote
SUBJECT : Public Safety Omnibus Trailer Bill
SOURCE : Assembly Budget Committee
DIGEST : This bill provides the statutory changes
necessary to implement the Public Safety portions of the
2012 Budget Act of 2012-13.
ANALYSIS : This is the Public Safety Omnibus Trailer
Bill. It contains the necessary changes to enact the
Budget Act of 2012-13, as follows:
1. Court Fees . Eliminates statutory sunsets on court fee
increases imposed SB 857 (Senate Budget and Fiscal
Review Committee), Chapter 720, Statutes of 2010, which
results in continued revenue of approximately $110
CONTINUED
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million per year for trial courts. These include the
surcharge on first paper filing fees, the summary
judgment motion fee, the pro hac vice fee, the court
operations assessment (previously the security fee), and
the telephone appearance fee.
Increases revenue for courts by approximately $57
million per year, as follows: (a) the complex case fee
increases from $550 to $1000 ($7.1million); (b) the
motion fee increases from $40 to $60 ($8.3 million); (c)
the first paper filing fee increases from $395 to $435
($21.1 million); (d) the jury deposit, makes
nonrefundable and moves up payment timeline, ($11.7
million); (e) a new will deposit fee of $50 ($2.2
million); (f) a new court reporter fee of $30 for
services under an hour ($5.5 million); and (g) a 20
percent increase ($120 first filing, $65 response) in
the appellate court filing fees ($1 million).
2. Court Funding and Operations . Makes the following
changes relative to trial court funding and operations:
(a) restricts spending, from the Trial Court Trust Fund,
on the Court Case Management System and, beginning
January 1, 2013, for any purpose other than allocation
to trial courts unless authorized by statue; (b)
requires negotiation prior to changing court
transcription fees; (c) specifies that, prior to June
30, 2014, a trial court may carry over all unexpended
funds from the courts operating budget from the prior
fiscal year; (d) specifies that, commencing June 30,
2014, a trial court may carry over unexpended funds in
an amount not to exceed one percent of the court's
operating budget from the prior year; (e) establishes a
statewide reserve of two percent of trial court funding
to be distributed to courts throughout the year, as
specified; and (f) establishes the State Trial Court
Improvement and Modernization Fund as the successor fund
of the Trial Court Improvement Fund and the Judicial
Administration Efficiency and Modernization Fund.
3. Trial Court Security . Makes necessary modifications to
reflect the new realignment funding structure of trial
court security. In addition, recasts existing law with
the addition of a dispute resolution process when the
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Presiding Judge of a county and a Sheriff cannot agree
on a security plan.
4. Department of Corrections and Rehabilitation (CDCR)
Organizational Structure . Makes various technical
changes to statute, primarily to ensure that the correct
titles of CDCR's officers are reflected in code. These
changes also remove an outdated cap on the amount of
compensation that can be paid to certain CDCR employees
and makes the Executive Director of the Board of State
and Community Corrections (BSCC) a confirmable position.
5. Declare Surplus and Authorize the Sale of the Southern
Youth Correctional Reception Center and Clinic .
Authorizes the Director of General Services to sell or
lease the Southern Youth Correctional Reception Center
and Clinic to the County of Los Angeles at market value,
until January 1, 2015. After that date, if not sold or
leased to the County of Los Angeles, this bill
authorizes the sale or lease of that property to any
other person or entity subject to a competitive bid
process. This bill provides that the proceeds of the
sale or lease be expended on bond payments, as specified
and other costs including costs for the review of the
sale of the property and bond counsel.
6. Lawsuit Settlement Expenditure Authority . Specifies
that any money recovered by the CDCR from a union paid
leave settlement shall be available to CDCR for
expenditure in the fiscal year it is received. Further
specifies that if not enacted by July 1, 2012, then any
funds received in fiscal year 2011-12 shall be available
for expenditure in fiscal year 2012-13. The bill
requires CDCR to report the amounts of the recoveries to
the Department of Finance.
7. Retired Annuitant Usage Clarification . Specifies that a
retired annuitant may not be paid more than the monthly
maximum paid to other staff doing similar work and
restricts the hours a retired annuitant can work yearly
to 960 regardless of the number of employers.
8. Female Offender Alternative Custody Program Expansion .
Currently, CDCR is authorized to offer an alternative
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custody program to female inmates, pregnant inmates, or
inmates who were primary care givers immediately prior
to incarceration and who do not have a current or prior
serious, violent, or sex offense conviction requiring
registration. This bill expands the alternative custody
program to most female offenders who do not have a
current violent or serious conviction or a current or
prior sex offense conviction requiring registration.
This bill also specifies that when available and
appropriate evidence based practices shall be
prioritized in setting individual treatment and
rehabilitation plans for female inmates placed in the
alternative custody program.
9. Community Prisoner Mother Program Expansion . Currently,
the CDCR is authorized to place inmates with young
children in a community treatment program, as specified.
This bill allows the Secretary of the CDCR to consider
certain inmates for placement into the program on a
case-by-case basis, including those convicted of certain
violent offenses, controlled substance offenses, and
inmates with an Immigration and Customs Enforcement
hold.
10. Community Corrections Performance Incentive Grants . SB
678 (Leno), Chapter 608, Statutes of 2009, establishes
the Community Corrections Performance Incentive Act
(CCPIA). The program measures the reduction in prison
population resulting from improved probation success and
shares the state savings with probation. This bill
amends the CCPIA statute to account for certain changes
due to public safety realignment. Specifically, the
bill requires certain reporting to delineate between
felony probation failures to prison and county jail.
The amendments also raise the minimum grant from
$100,000 to $200,000 and specify that the amount
provided to the courts for administrative costs may also
be used for implementing and administering the 2011
Public Safety Realignment.
11. Medical Parole Medi-Cal Reimbursements . SB 1399 (Leno),
Chapter 405, Statutes of 2010, establishes the medical
parole program providing that, as specified, any
prisoner who the head physician for the institution
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where the prisoner is located determines is permanently
medically incapacitated with a medical condition that
renders the prisoner permanently unable to perform
activities of basic daily living, and results in the
prisoner requiring 24-hour care, and that incapacitation
did not exist at the time of sentencing, shall be
granted medical parole, if the Board of Parole Hearings
determines that the conditions under which the prisoner
would be released will not reasonably pose a threat to
public safety. This language codifies the existing
Medi-Cal reimbursement process related to the medical
parole program.
12. Integrated Services for Mentally Ill Parolees .
Continues the Integrated Services for Mentally Ill
Parolees Program, which is a supportive housing program
that provides wraparound services to mentally ill
parolees who are at risk of homelessness, and improves
the program by strengthening the housing component and
prioritizing contracts with providers that can help
provide a continuum of care after the offender is off of
parole. This program was previously required as a
condition of AB 900 (Solorio), Chapter 7, Statutes of
2007.
13. Use of Generic Pharmaceuticals for Inmates . Mandates
certain aspects of CDCR's pharmacy program, including
the use of generic drugs except where a doctor
determines that a name brand medication is required, as
specified.
14. CDCR Reporting Requirement . Requires the CDCR to submit
as specified, estimated expenditures for each state or
contracted facility housing offenders and for the cost
of supervising offenders on parole by region, for
inclusion in the annual Governor's Budget and the May
Revision. Requires the CDCR estimates, assumptions, and
other supporting data to be forwarded annually to the
Joint Legislative Budget Committee and the public safety
policy committees and fiscal committees of the
Legislature.
15. Future of Corrections Plan (Blueprint) Accountability .
Requires the CDCR, as directed by the Department of
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Finance, to work with the appropriate budget and policy
committees of the Legislature and the Legislative
Analyst's Office to establish appropriate oversight,
evaluation, and accountability measures, to be adopted
as part of the Blueprint, as specified. The bill
requires a periodic review, conducted by the Department
of Finance's Office of State Audits and Evaluations that
assesses the implementation of the fiscal components of
the plan, including the CDCR's progress in meeting
timelines, benchmarks, and targeted performance goals.
The bill requires that the Office of State Audits and
Evaluations report annually to the Governor and the
Legislature on its findings and recommendations.
16. Office of the Inspector General (OIG) Oversight .
Stipulates that the OIG shall conduct an objective,
metric-oriented oversight and inspection program to
review reforms at CDCR outlined in the Blueprint.
Specifically, they shall examine the increase in inmate
participation in programs; adherence to the standard
staffing model; establishment and adherence to a new
inmate classification system; establishment of and
adherence to a new prison gang management system; and,
implementation and adherence to the comprehensive
housing plan.
17. Board of State and Community Corrections (BSCC) . Cleans
up implementing language for the BSCC, which goes into
effect July 1, 2012, by specifying that the Governor may
appoint the executive director who is the head of the
board and abolishing the Office of Gang and Youth
Violence Policy in the California Emergency Management
Agency and transferring the responsibility to the BSCC.
18. County and Court Data . Tasks the BSCC, in consultation
with the Administrative Office of the Courts (AOC), the
California State Association of Counties, the California
State Sheriffs Association, and the Chief Probation
Officers of California to develop and implement a first
phase baseline data collection instrument to reflect the
impact of 2011 Public Safety Realignment. This bill
also requires the AOC to collect relevant data from the
courts.
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19. BSCC Jail Standards . Existing law requires the BSCC to
establish minimum standards for local correctional
facilities and for state correctional facilities. This
bill removes the requirement that they establish state
standards. The effect is that the BSCC will have
jurisdiction over local correctional facilities only.
20. County to County Inmate Transfer . Under existing law
counties can contract with nearby counties for the
housing of adult misdemeanants and any persons required
serving a term of imprisonment in a county adult
detention facility as a condition of probation. This
bill expands county authority, allowing them to enter
into an agreement with any county or multiple counties
for the purpose of housing any adult offender serving a
term in a county jail. The expanded authority sunsets
on July 1, 2015.
21. Division of Juvenile Justice (DJJ) Jurisdiction and
Fees . Makes the following changes related to the states
jurisdiction of juvenile offenders: (a) Existing law
states that the maximum age of jurisdiction for youths
committed to the DJJ in the CDCR, or on parole from one
of those facilities is 25. This bill lowers that age to
23; (b) Existing law terminates juvenile parole as of
July 1, 2014. This bill moves that date up to January
1, 2013; (c) Existing law requires counties to pay the
state $125,000 per year to incarcerate a youth in the
DJJ. This bill reduces that figure to $0 as of January
1, 2012, and imposes a $24,000 per year fee for any
offender committed on or after July 1, 2012.
22. DJJ Time-Adds . Currently, DJJ staff has the ability to
extend the date that a juvenile offender, under their
care, appears before the Juvenile Parole Board for
consideration of parole. This bill eliminates that
authority, thus standardizing the process for parole
consideration for DJJ commitments.
23. Sunset of the Civil Addicts Program . The civil
narcotics program allows a judge to, in lieu of
incarceration locally, send a person guilty of
misdemeanor crimes, who is addicted to, or is in
imminent danger of becoming addicted to, narcotics, to
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the narcotic detention, treatment, and rehabilitation
facility within the CDCR. This bill provides that
commencing July 1, 2012, no new commitments may be made
pursuant to those provisions, and that the provisions
become inoperative as of April 1, 2014, and are repealed
as of January 1, 2015.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
ASSEMBLY FLOOR : 47-23, 3/22/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Lara, Ma,
Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Solorio,
Swanson, Torres, Wieckowski, Williams, Yamada, John A.
Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Jeffries,
Jones, Knight, Mansoor, Miller, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Smyth, Wagner
NO VOTE RECORDED: Fletcher, Gorell, Hall, Harkey, Logue,
Bonnie Lowenthal, Mendoza, Portantino, Skinner, Valadao
RJG:d 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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