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  :  Not relevant


           SUBJECT  :    Public Safety Omnibus Trailer Bill 

           SOURCE  :     Author


           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 
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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:d2  6/26/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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