BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              A
                             2011-2012 Regular Session               B

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          AB 2298 (Ma)                                               8
          As Amended June 25, 2012
          Hearing date:  July 3, 2012
          Penal Code
          SM:mc

                                      METAL THEFT  

                                       HISTORY

          Source:  California Farm Bureau Federation

          Prior Legislation: AB 316 (Carter) - Chapter 317, Statutes of 
          2011
                       AB 2372 (Ammiano) - Chapter 693, Statutes of 2010
                       AB 237 (Carter) - 2009, failed passage in Senate 
          Public Safety
                       SB 447 (Maldonado) - Chapter 732, Statutes of 2008
                       SB 691 (Calderon) - Chapter 720, Statutes of 2008
                       AB 844 (Berryhill) - Chapter 731, Statutes of 2008
                       AB 1778 (Ma) - Chapter 733, Statutes of 2008
                       AB 1859 (Adams) - Chapter 659, Statutes of 2008
                       AB 2724 (Benoit) - 2008, failed passage in Senate 
          Public Safety

          Support: California State Association of Counties (CSAC); 
                   California Association of Wheat Growers; California 
                   Bean Shippers Association; California Chamber of 
                   Commerce; California Grain and Feed Association; 
                   California Seed Association; California Pear Growers 
                   Association; California State Floral Association; 
                   California State Sheriffs' Association; California 
                   Warehouse Association; Pacific Egg and Poultry 




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                   Association; California Business Properties 
                   Association; NuCal Foods

          Opposition:None known

          Assembly Floor Vote:  Not relevant 



                                        KEY ISSUES
           
          SHOULD THE METAL THEFT TASK FORCE FUND BE ESTABLISHED WITHIN THE 
          STATE TREASURY TO BE ADMINISTERED BY THE BOARD OF STATE AND 
          COMMUNITY CORRECTIONS?

          SHOULD THE BOARD BE REQUIRED TO DEVELOP SPECIFIC GUIDELINES AND 
          ADMINISTRATIVE PROCEDURES FOR THE SELECTION OF REGIONAL TASK FORCES 
          TO RECEIVE FUNDS UNDER THIS PROGRAM, AS SPECIFIED?

          SHOULD EACH REGIONAL TASK FORCE THAT HAS BEEN AWARDED FUNDS 
          AUTHORIZED UNDER THE PROGRAM DURING THE PREVIOUS GRANT-FUNDING 
          CYCLE, UPON REAPPLICATION FOR FUNDS TO THE BOARD IN EACH SUCCESSIVE 
          YEAR BE REQUIRED TO SUBMIT A DETAILED ACCOUNTING OF FUNDS RECEIVED 
          AND EXPENDED IN THE PRIOR YEAR IN ADDITION TO ANY INFORMATION 
          REQUIRED BY THIS TITLE, AS SPECIFIED?

          SHOULD THE BOARD BE REQUIRED TO REGULARLY REVIEW THE EFFECTIVENESS 
          OF THE PROGRAM IN DETERRING, INVESTIGATING, AND PROSECUTING METAL 
          THEFT AND RELATED RECYCLING CRIMES AND TO PRESENT A REPORT TO THE 
          LEGISLATURE AND GOVERNOR INCLUDING SPECIFIED INFORMATION?

          SHOULD THE PROGRAM ESTABLISHED PURSUANT TO THIS TITLE NOT BE 
          IMPLEMENTED UNTIL THE DEPARTMENT OF FINANCE DETERMINES THAT 
          SUFFICIENT FUNDS HAVE BEEN DEPOSITED IN THE METAL THEFT TASK FORCE 
          FUND TO IMPLEMENT THE PROVISIONS OF THIS TITLE AND FUNDS HAVE BEEN 
          MADE AVAILABLE FOR THE PURPOSES OF THIS TITLE UPON APPROPRIATION BY 
          THE LEGISLATURE, AS SPECIFIED?







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                                       PURPOSE

          The purpose of this bill is to (1) establish the Metal Theft 
          Task Force Fund within the State Treasury to be administered by 
          the Board of State and Community Corrections (BSCC); (2) require 
          the BSCC to establish the Metal Theft Task Force Program and 
          provide that moneys appropriated to the board for the program 
          shall be expended to fund programs that enhance the capacity of 
          local law enforcement and prosecutors to deter, investigate, and 
          prosecute metal theft and related recycling crimes; (3) provide 
          that up to 10 percent of the funds may, upon appropriation, be 
          used for developing and maintaining a statewide database on 
          metal theft and related recycling crimes for use in developing 
          and distributing intelligence information to participating law 
          enforcement agencies; (4) provide that the board shall develop 
          specific guidelines and administrative procedures for the 
          selection of regional task forces to receive funds under this 
          program, as specified; (5) provide that each regional task force 
          that has been awarded funds authorized under the program during 
          the previous grant-funding cycle, upon reapplication for funds 
          to the board in each successive year, shall submit a detailed 
          accounting of funds received and expended in the prior year in 
          addition to any information required by this title, as 
          specified; (6) provide that the board shall regularly review the 
          effectiveness of the program in deterring, investigating, and 
          prosecuting metal theft and related recycling crimes, and shall 
          present a report to the Legislature and Governor including 
          specified information; and (7) provide that the program 
          established pursuant to this title shall not be implemented 
          until the Department of Finance determines that sufficient funds 
          have been deposited in the Metal Theft Task Force Fund to 
          implement the provisions of this title and funds have been made 
          available for the purposes of this title upon appropriation by 
          the Legislature, as specified.

           Current law  provides for the "Corrections Standards Authority," 
          ("CSA") an entity within the California Department of 
          Corrections and Rehabilitation ("CDCR"), as specified.  (Penal 
          Code
           6024.)




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           Current law  establishes, commencing July 1, 2012, the "Board of 
          State and Community Corrections," ("BSCC") as the successor 
          entity to CSA, an entity independent of CDCR, as specified.  
          (Penal Code  6024.)  Current law provides the following mission 
          for the BSCC:

               The mission of the board shall include providing 
               statewide leadership, coordination, and technical 
               assistance to promote effective state and local 
               efforts and partnerships in California's adult and 
               juvenile criminal justice system, including addressing 
               gang problems.  This mission shall reflect the 
               principle of aligning fiscal policy and correctional 
               practices, including, but not limited
               to prevention, intervention, suppression, supervision, 
               and incapacitation, to promote a justice investment 
               strategy that fits each county and is consistent with 
               the integrated statewide goal of improved public 
               safety through cost-effective, promising, and 
               evidence-based strategies for managing criminal 
               justice populations.  (Penal Code  6024(b).)

           Current law  enumerates specified duties for the BSCC, including 
          requiring it to do the following:

                 Collect and maintain available information and data 
               about state and community correctional policies, practices, 
               capacities, and needs, including, but not limited to, 
               prevention, intervention, suppression, supervision, and 
               incapacitation, as they relate to both adult corrections, 
               juvenile justice, and gang problems.  The board shall seek 
               to collect and make publicly available up-to-date data and 
               information reflecting the impact of state and community 
               correctional, juvenile justice, and gang-related policies 
               and practices enacted in the state, as was well as 
               information and data concerning promising and 
               evidence-based practices from other jurisdictions.
                 Develop recommendations for the improvement of criminal 
               justice and delinquency and gang prevention activity 




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               throughout the state.
                 Identify, promote, and provide technical assistance 
               relating to evidence-based programs, practices, and 
               innovative projects consistent with the mission of the 
               board.
                 Receive and disburse federal funds, and perform all 
               necessary and appropriate services in the performance of 
               its duties as established by federal acts.
                 Develop comprehensive, unified, and orderly procedures 
               to ensure that applications for grants are processed 
               fairly, efficiently, and in a manner consistent with the 
               mission of BSCC.
                 Cooperate with and render technical assistance to the 
               Legislature, state agencies, units of general local 
               government, combinations of those units, or other public or 
               private agencies, organizations, or institutions in matters 
               relating to criminal justice and delinquency prevention.
                 Conduct evaluation studies of the programs and 
               activities assisted by the federal acts.
                 Identify and evaluate state, local, and federal gang and 
               youth violence suppression, intervention, and prevention 
               programs and strategies, along with funding for those 
               efforts.  The board shall assess and make recommendations 
               for the coordination of the state's programs, strategies, 
               and funding that address gang and youth violence in a 
               manner that maximizes the effectiveness and coordination of 
               those programs, strategies, and resources.  The board shall 
               communicate with local agencies and programs in an effort 
               to promote the best practices for addressing gang and youth 
               violence through suppression, intervention, and prevention.
                 Collect county criminal justice realignment plans within 
               two months of adoption by the county boards of supervisors. 
                Commencing January 1, 2013, and annually thereafter, the 
               board shall collect and analyze available data regarding 
               the implementation of the local plans and other 
               outcome-based measures, as defined by the board in 
               consultation with the Administrative Office of the Courts, 
               the Chief Probation Officers of California, and the 
               California State Sheriffs Association. 
                 By July 1, 2013, and annually thereafter, the board 




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               shall provide to the Governor and the Legislature a report 
               on the implementation of the plans described above.  (Penal 
               Code
                6027.)<1>

           Current law  also authorizes BSCC to do either of the following:  
          (1) Collect, evaluate, publish, and disseminate statistics and 
          other information on the condition and progress of criminal 
          justice
          in the state.  (2) Perform other functions and duties as 
          required by federal acts, rules, regulations, or guidelines in 
          acting as the administrative office of the state planning agency 
          for distribution
          of federal grants.  (Id.)

           This bill would make the following uncodified findings and 
          declarations: 

                 The theft of metal is a serious problem in California.  
               Losses due to metal theft are not limited to just the value 
               of the metal taken, but frequently the cost of repairing or 
               replacing the infrastructure, component, or item from which 
               the metal has been removed greatly exceeds the value of the 
               metal itself.  The United States Department of Energy 
               estimates that metal theft costs United States businesses 
               approximately one billion dollars ($1,000,000,000) 
               annually.
             --------------------------
          <1>   In addition to these duties, BSCC (and its predecessor 
          entities) also is required to establish minimum standards for 
          local correctional facilities (Penal Code  6030), to inspect 
          local detention facilities biennially (Penal Code  6031 and 
          6031.1), to conduct biennial inspections of local juvenile 
          facilities, as specified (Welfare and Institutions Code  209), 
          and to engage in related efforts with respect to standards and 
          conditions in local facilities where minors are detained, as 
          specified.  (See WIC  207.1, 210, and 210.2.)  In addition to 
          its ongoing duties, CSA/BSCC is statutorily tasked with 
          administering certain programs, such as the AB 900 Local Jail 
          Construction Financing Program, the Juvenile Justice Crime 
          Prevention Act, and the Youthful Offender Block Grant.



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                 It is the intent of the Legislature in enacting this 
               title to provide local law enforcement and district 
               attorneys with the tools necessary to successfully 
               interdict the commission of metal theft and related metal 
               recycling crimes.

           This bill  provides, for the purposes of this title, the 
          following terms have the following meanings:

                 "Fund" means the Metal Theft Task Force Fund.
                 "Board" means the Board of State and Community 
               Corrections.
                 "Program" means the Metal Theft Task Force Program.

           This bill  provides:

                 The Metal Theft Task Force Fund is hereby established 
               within the State Treasury. Transfers to the Metal Theft 
               Task Force Fund shall be deposited in the Treasury, or in a 
               state depository bank approved by the Treasurer.  These 
               funds shall, upon appropriation by the Legislature, be 
               available for the purposes set forth in this title.
                 The fund shall consist of moneys deposited into the fund 
               from the federal government, industry, and citizen sources.
                 Funds provided under this program are intended to ensure 
               that law enforcement is equipped with the necessary 
               personnel and tools to successfully combat metal theft and 
               related recycling crimes, which include, but are not 
               limited to, all of the following offenses:

                  o         The theft of metals, including, but not 
                    limited to, nonferrous metals.
                  o         The purchase and recycling of stolen 
                    metals, including, but not limited to, recycled 
                    metal beverage containers, by recyclers.
                  o         The transportation of stolen metals from 
                    this state to another state.
                  o         The transportation of stolen metals from 
                    another state to this state.





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           This bill  provides:

                 The fund shall be administered by the board.
                 The board may adopt regulations as needed to administer 
               this title.
                 Administration of the overall program and the evaluation 
               and monitoring of all grants made pursuant to this title 
               shall be performed by the board.

           This bill  provides:

                 The board shall establish the Metal Theft Task Force 
               Program. Administration of the overall program and the 
               evaluation and monitoring of all grants made pursuant to 
               this title shall be performed by the board.
                 Moneys appropriated to the board for the program shall 
               be expended to fund programs that enhance the capacity of 
               local law enforcement and prosecutors to deter, 
               investigate, and prosecute metal theft and related 
               recycling crimes.
                 After deduction of the board's actual and necessary 
               administrative costs, the funds shall be expended to fund 
               programs to enhance the capacity of local law enforcement 
               and prosecutors to deter, investigate, and prosecute metal 
               theft and related recycling crimes.
                 Funds distributed under this program shall be expended 
               for the exclusive purpose of deterring, investigating, and 
               prosecuting metal theft and related recycling crimes.
                 Up to 10 percent of the funds may, upon appropriation, 
               be used for developing and maintaining a statewide database 
               on metal theft and related recycling crimes for use in 
               developing and distributing intelligence information to 
               participating law enforcement agencies.

           This bill  provides that the board shall develop specific 
          guidelines and administrative procedures for the selection of 
          regional task forces to receive funds under this program, as 
          follows:

                 Each regional task force that seeks funds shall 




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               submit a written application to the board setting 
               forth in detail the proposed use of funds.
                 Each regional task force shall be identified by a 
               name that is appropriate to the area that it serves.  
               In order to qualify for funds, a regional task force 
               shall be comprised of local law enforcement and 
               prosecutors from at least two counties.
                 Each task force shall consult with experts from the 
               United States military, the California Military 
               Department, the Department of Justice, other law 
               enforcement entities, and various other state and 
               private organizations as deemed necessary to maximize 
               the effectiveness of this program.
                 Priority shall be given to regional task forces 
               outside of the 13 counties funded under the rural 
               crime prevention programs authorized pursuant to 
               Sections 14170 and 14180.
                 The guidelines shall include all of the following 
               selection criteria that shall be considered by the board in 
               awarding grant funds:

                  o         The number of metal theft or related recycling 
                    crime cases filed in the prior year.
                  o         The number of metal theft or related recycling 
                    crime cases investigated in the prior year.
                  o         The number of victims involved in the cases 
                    filed.
                  o         The total aggregate monetary loss suffered by 
                    the victims, including damage caused by the theft.
                  o         Local funds available to assist the regional 
                    task force.
                  o         The number of licensed recycling facilities in 
                    the region.

           This bill  provides:

                 Each regional task force that has been awarded funds 
               authorized under the program during the previous 
               grant-funding cycle, upon reapplication for funds to the 
               board in each successive year, shall submit a detailed 




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               accounting of funds received and expended in the prior year 
               in addition to any information required by this title.
                 The accounting shall include all of the following 
               information:

                  o         The amount of funds received and expended.
                  o         The use to which those funds were put, 
                    including payment of salaries and expenses, purchase 
                    of equipment and supplies, and other expenditures by 
                    type.
                  o         The number of filed complaints, 
                    investigations, arrests, and convictions that resulted 
                    from the expenditure of the funds.

           This bill  provides:

                 The board shall regularly review the effectiveness of 
               the program in deterring, investigating, and prosecuting 
               metal theft and related recycling crimes and shall, 
               notwithstanding Section 10231.5 of the Government Code, 
               present a report to the Legislature and Governor.
                 The report shall be based on information provided by the 
               regional task forces in an annual report to the board which 
               shall detail all of the following:

                  o         The number of metal theft and recycling crime 
                    cases filed in the prior year.
                  o         The number of metal theft and recycling crime 
                    cases investigated in the prior year.
                  o         The number of victims involved in the cases 
                    filed.
                  o         The number of convictions obtained in the 
                    prior year.
                  o         The total aggregate monetary loss suffered by 
                    the victims, including damage caused by the theft.
                  o         An accounting of funds received and expended 
                    in the prior year, which shall include all of the 
                    following:

                                     The amount of funds received and 




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                         expended.
                                     The uses to which those funds were 
                         put, including payment of salaries and expenses, 
                         purchase of supplies, and other expenditures.
                                     Any other relevant information 
                         requested.

           This bill  provides that the program established pursuant to this 
          title shall not be implemented until the Department of Finance 
          determines that sufficient funds have been deposited in the 
          Metal Theft Task Force Fund to implement the provisions of this 
          title and funds have been made available for the purposes of 
          this title upon appropriation by the Legislature as provided 
          above.


                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                      ("ROCA")
          
          In response to the unresolved prison capacity crisis, since 
          early 2007 it has been the policy of the chair of the Senate 
          Committee on Public Safety and the Senate President pro Tem to 
          hold legislative proposals which could further aggravate prison 
          overcrowding through new or expanded felony prosecutions.  Under 
                                                              the resulting policy known as "ROCA" (which stands for 
          "Receivership/Overcrowding Crisis Aggravation"), the Committee 
          has held measures which create a new felony, expand the scope or 
          penalty of an existing felony, or otherwise increase the 
          application of a felony in a manner which could exacerbate the 
          prison overcrowding crisis by expanding the availability or 
          length of prison terms (such as extending the statute of 
          limitations for felonies or constricting statutory parole 
          standards).  In addition, proposed expansions to the 
          classification of felonies enacted last year by AB 109 (the 2011 
          Public Safety Realignment) which may be punishable in jail and 
          not prison (Penal Code section 1170(h)) would be subject to ROCA 
          because an offender's criminal record could make the offender 
          ineligible for jail and therefore subject to state prison.  
          Under these principles, ROCA has been applied as a 
          content-neutral, provisional measure necessary to ensure that 




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          the Legislature does not erode progress towards reducing prison 
          overcrowding by passing legislation which could increase the 
          prison population.  ROCA will continue until prison overcrowding 
          is resolved.

          For the last several years, severe overcrowding in California's 
          prisons has been the focus of evolving and expensive litigation. 
           On June 30, 2005, in a class action lawsuit filed four years 
          earlier, the United States District Court for the Northern 
          District of California established a Receivership to take 
          control of the delivery of medical services to all California 
          state prisoners confined by the California Department of 
          Corrections and Rehabilitation ("CDCR").  In December of 2006, 
          plaintiffs in two federal lawsuits against CDCR sought a 
          court-ordered limit on the prison population pursuant to the 
          federal Prison Litigation Reform Act.  On January 12, 2010, a 
          three-judge federal panel issued an order requiring California 
          to reduce its inmate population to 137.5 percent of design 
          capacity -- a reduction at that time of roughly 40,000 inmates 
          -- within two years.  The court stayed implementation of its 
          ruling pending the state's appeal to the U.S. Supreme Court.  

          On May 23, 2011, the United States Supreme Court upheld the 
          decision of the three-judge panel in its entirety, giving 
          California two years from the date of its ruling to reduce its 
          prison population to 137.5 percent of design capacity, subject 
          to the right of the state to seek modifications in appropriate 
          circumstances.  Design capacity is the number of inmates a 
          prison can house based on one inmate per cell, single-level 
          bunks in dormitories, and no beds in places not designed for 
          housing.  Current design capacity in CDCR's 33 institutions is 
          79,650.

          On January 6, 2012, CDCR announced that California had cut 
          prison overcrowding by more than 11,000 inmates over the last 
          six months, a reduction largely accomplished by the passage of 
          Assembly Bill 109.  Under the prisoner-reduction order, the 
          inmate population in California's 33 prisons must be no more 
          than the following:





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                 167 percent of design capacity by December 27, 2011 
               (133,016 inmates);
                 155 percent by June 27, 2012;
                 147 percent by December 27, 2012; and
                 137.5 percent by June 27, 2013.
               
          This bill does not aggravate the prison overcrowding crisis 
          described above under ROCA.


                                      COMMENTS

          1.  Need for this Bill  

          According to the author:

               Metal theft is a serious problem affecting the state.  
               With the price of a pound of copper increasing from 
               $0.70 in 2001 to $4.00 per pound now, the rate of 
               metal theft has dramatically increased.  Counties and 
               news media have been reporting a sharp uptick in the 
               incidences of metal theft as thieves commonly steal 
               metal from sites, such as construction zones, 
               railroads and telephone poles, and sell it for a 
               sizeable profit.

               California farmers and ranchers, in particular, are 
               seeing sharp increases in the rate of metal theft.  
               Thieves strip copper wires and pipes from farm 
               equipment and orchards. The cost of replacing copper 
               wire on an irrigation pump ranges from $1,500 to 
               $4,000.  When the irrigation pump is damaged in a 
               theft, the repair costs can reach tens of thousands of 
               dollars.  Yet this cost only covers repair of the 
               pump, not the cost of potential crop damage caused by 
               lack of irrigation while the pump was unusable.  

               The office has convened a stakeholder meeting that 
               included law enforcement, recyclers, and utilities, 
               among others.  While there are many laws on the books 




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               that seek to address the rising rates of metal theft, 
               law enforcement lacks the resources to dedicate time 
               and personnel for the investigation and prosecution of 
               metal theft and other rural crimes. 

               Originally created in 1996, the Central Valley Rural 
               Crime Prevention Program (Chapter 327, Statutes 1996). 
                The program allows Tulare, Fresno, Kern, Kings, 
               Merced, San Joaquin, Stanislaus and Madera to enter 
               into a joint-powers agreement to share resources, 
               personnel hours and information regarding rural 
               crimes, including metal theft.  The Central Coast 
               Rural Crime Prevention was similarly created and 
               modeled after the Central Valley program and includes 
               Monterey, San Benito, Santa Barbara, San Luis Obispo 
               and Santa Cruz counties.

               These programs allowed counties the option to 
               establish a multiagency task force to create and 
               implement strategies at preventing agricultural 
               crimes.  A 2002 LAO report found that the "program's 
               rate of arrests, prosecutions, and convictions were 
               higher than the statewide average."  Additionally, 
               "efforts to recover lost equipment have been 
               successful in recovering nearly half of each dollar 
               reported lost."  The report also noted that the 
               Legislature should "determine whether to limit the 
               program to the current eight counties or to make it 
               available to other counties with agricultural 
               production."
                
               AB 2298 would create the "Metal Theft Task Force," 
               that would replicate the Central Valley and the 
               Central Coast Rural Crime Prevention Programs on a 
               state level.  The program would be voluntary and would 
               provide grants to regional task forces to provide 
               local law enforcement and district attorneys with the 
               tools and funding necessary to combat metal theft.  
               Funds would be distributed to interested counties to 
               be used to enhance the capacity of local law 




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               enforcement and prosecutors to deter, investigate, and 
               prosecute metal theft and related recycling crimes.

               The Metal Theft Task Force would be financed through a 
               combination of funds from the federal government, 
               industry and citizen sources.  AB 2298 contains 
               provisions that would delay implementation of the 
               Metal Theft Task Force until the Department of Finance 
               determines sufficient funding has been met.

          2.  Effect of the Bill  

          This bill would place substantial new duties on the newly 
          established Board of State and Community Corrections (BSCC).  
          The BSCC would be responsible for the creation and 
          administration of the overall program and the evaluation and 
          monitoring of all grants made pursuant to this title.  The BSCC 
          would also be required to develop specific guidelines and 
          administrative procedures for the selection of regional task 
          forces to receive funds under this program and regularly review 
          the effectiveness of the program in deterring, investigating, 
          and prosecuting metal theft and related recycling crimes and 
          present a report to the Legislature and Governor, apparently on 
          an annual basis, although the frequency and number of reports 
          required is unclear.

          As noted above, the reconfigured BSCC became operational on July 
          1st.  In addition to its continuing responsibilities from when 
          it was the Corrections Standards Authority and before that the 
          Board of Corrections, the new BSCC will be expected to emerge as 
          a key state entity responsible for facilitating issues relating 
          to the 2011 Public Safety Realignment.  As noted in the March 
          22, 2012, Agenda for Subcommittee No. 5 of the Senate Budget and 
          Fiscal Review Committee concerning BSCC:

               The Board will be critical to the implementation and 
               success of the 2011 public safety realignment.  One of 
               the key drivers in establishing the Board was the need 
               for a state/local body that could serve as the 
               backbone of California's public safety continuum.  To 




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               facilitate local success, California needs to 
               strategically coordinate support, foster local 
               leadership, target resources and provide technical 
               assistance.  Per statute, the Board will be charged 
               with "providing statewide leadership, coordination, 
               and technical assistance to promote effective state 
               and local efforts and partnerships in California's 
               adult and juvenile criminal justice system, including 
               addressing gang problems.  This mission shall reflect 
               the principle of aligning fiscal policy and 
               correctional practices, including, but not limited to 
               prevention, intervention, suppression, supervision, 
               and incapacitation, to promote a justice investment 
               strategy that fits each county and is consistent with 
               the integrated statewide goal of improved public 
               safety through cost effective, promising, and 
               evidence-based strategies for managing criminal 
               justice
               populations."

               The Board also will have the duty to "collect and 
               maintain available information and data about state 
               and community correctional policies, practices, 
               capacities, and needs, including, but not limited to, 
               prevention, intervention, suppression, supervision, 
               and incapacitation, as they relate to both adult 
               corrections, juvenile justice, and gang problems.  The 
               Board shall seek to collect and make publicly 
               available up-to-date data and information reflecting 
               the impact of state and community correctional, 
               juvenile justice, and gang-related policies and 
               practices enacted in the state, as well as information 
               and data concerning promising and evidence-based 
               practices from other jurisdictions."

               Within these responsibilities, the Board will play a 
               key role in collecting, maintaining, and reporting 
               data regarding the 2011 public safety realignment.  
               Such data will be critical in understanding how 
               resources should be allocated and how program success 




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               is ultimately measured.

               It is worth noting that there is significant interest 
               in researching and reporting on aspects of the 2011 
               public safety realignment from within academic and 
               private foundation communities.  One project of note, 
               The Partnership for Community Excellence (The 
               Partnership) established by California Forward, seeks 
               to develop a "hub" to coordinate efforts to assist 
               local governments in implementing public safety 
               realignment.  The Partnership notes that the state has 
               not provided any direction or assistance to counties 
               in developing integrated strategies to reduce costs 
               and improve outcomes.  This effort highlights the 
               urgency for the Board to assume its responsibilities 
               in ensuring that California has an efficient and 
               effective approach to public safety in a time of such 
               momentous change.

          Members may wish to discuss the timing and potential impact of 
          adding additional statutory duties and priorities for an entity 
          that faces many challenges relating both to its structural 
          reformation (independence from CDCR), its ongoing duties (for 
          example, implementation of the SB 81 Local Youthful Offender 
          Rehabilitative Facilities Construction Financing Program) and 
          the added duties and expectations surround the BSCC concerning 
          the public safety realignment.  

















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          3.  Previous Legislation to Curb Metal Theft  

          Earlier this year, this Committee approved SB 1387 (Emmerson), 
          which would prohibit junk dealers and recyclers from possessing 
          any fire hydrant, fire department connection, manhole cover or 
          backflow device without a written certification on the 
          letterhead of the agency previously owning the material, and 
          adds fire hydrants, manhole covers and backflow devices to the 
          list of items which, if any person possesses, knowing they were 
          stolen, would receive an additional fine of up to $3,000.  
          (Penal Code  496e.)

          In 2011 the Legislature created a separate offense of grand 
          theft of copper material.  (AB 316 (Carter), Chapter 317, 
          Statutes of 2011.)  

          In 2009, the Legislature passed the following measures to 
          address the growing problem of metal theft:

                 SB 447 (Maldonado), Chapter 732, Statutes of 2009, 
               assists local law enforcement officials in quickly 
               investigating stolen metal and apprehending thieves by 
               requiring scrap metal dealers and recyclers to report 
               what materials are being scrapped at their facilities 
               and by whom on a daily basis.  These rules already 
               apply to pawn shop dealers.
                 SB 691 (Calderon), Chapter 720, Statutes of 2009, 
               requires junk dealers and recyclers to take 
               thumbprints of individuals selling copper, copper 
               alloys, aluminum and stainless steel.  Sellers must 
               also show a government identification (ID) and proof 
               of their current address.  Recyclers who violate the 
               law face suspension or revocation of their business 
               license and increased fines and jail time. 
                 AB 844 (Berryhill), Chapter 731, Statutes of 2009, 
               requires recyclers to hold payment for three days, 
               check a photo ID and take a thumbprint of anyone 
               selling scrap metals.  AB 844 also requires any person 
               convicted of metal theft to pay restitution for the 




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                                                               AB 2298 (Ma)
                                                                      PageS

               materials stolen and for any collateral damage caused 
               during the theft. 

          4.  Statement in Support

           The California Farm Bureau Federation states:

               AB 2298 (Ma), when funded, would expand law 
               enforcement's ability to focus on the metal theft 
               epidemic and ensure that existing laws aimed at 
               reducing metal theft are enforced.  California has 
               numerous laws to regulate the recycling of metal, many 
               of which are aimed at reducing the market for stolen 
               metals.  This bill would help provide resources to law 
               enforcement to combat metal theft.  


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