BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1481| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 1481 Page 2 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 AB 1481 Page 3 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 AB 1481 Page 4 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 AB 1481 Page 5 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 AB 1481 Page 6 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. AB 1481 Page 7 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 AB 1481 Page 8 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 **** END ****