BILL NUMBER: SB 87	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 10, 2011

    An act relating to the Budget Act of 2011.  
An act to amend Sections 15820.   903, 15820.913, and
15820.917 of, and to repeal Section 15820.918 of, the Government
Code, relating to criminal justice realignment, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately, bill related to the budget. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 87, as amended, Committee on Budget and Fiscal Review. 
Budget Act of 2011.   Criminal justice realignment.
 
   Existing law requires the Department of Corrections and
Rehabilitation, participating counties, and the State Public Works
Board to acquire, design, and construct local jail facilities
approved by the Corrections Standards Authority. Existing law
authorizes the State Public Works Board to issue revenue bonds,
notes, or bond anticipation notes in the amounts of $750,000,000 and
$470,000,000 to finance the acquisition, design, or construction, and
a reasonable construction reserve, of approved local jail
facilities, as specified. The funds derived from those revenue bonds,
notes, or bond anticipation notes are continuously appropriated for
the purposes described above. Existing law requires the Department of
Corrections and Rehabilitation and the Corrections Standards
Authority to give funding preference to counties that assist the
state in siting specified facilities. Existing law also prohibits the
department and the authority from awarding funds pursuant to these
provisions until specified construction progress and siting
requirements are met.  
   This bill would decrease the authorization for revenue bonds,
notes, or bond anticipation notes from $750,000,000 to $617,119,000
and increase the authorization of $470,000,000 to $602,881,000. By
increasing moneys to a continuously appropriated fund, this bill
would make an appropriation. The bill would delete the provisions
requiring the Department of Corrections and Rehabilitation and the
Corrections Standards Authority to give funding preference to
counties that assist the state in siting specified facilities and
would instead require those entities to give that preference to
counties that committed the largest percentage of inmates to state
custody in relation to the total inmate population of the department
in 2010. The bill would also delete the provision prohibiting the
department and the authority from awarding funds pursuant to these
provisions until specified construction progress and siting
requirements are met.  
   The bill would appropriate the sum of $1,000 from the General Fund
to the Department of Corrections and Rehabilitation for purposes of
state operations to be used by the Corrections Standards Authority.
 
   The bill would become operative contingent upon the enactment of
SB 85 or AB 109 of the 2011-12 Regular Session.  
   The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation on
January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purposes of that constitutional provision. 

   This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.  

   This bill would declare that it is to take effect immediately as
an urgency statute and a bill providing for appropriations related to
the Budget Bill.  
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2011. 
   Vote:  majority   2/3  . Appropriation:
 no   yes . Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act is titled and may be cited as
the 2011 Realignment Legislation Addressing Public Safety. 
   SEC. 2.    Section 15820.903 of the  
Government Code   is amended to read: 
   15820.903.  (a) The SPWB may issue up to  seven hundred
fifty million dollars ($750,000,000)   six hundred
seventeen million one hundred nineteen thousand dollars
($617,119,000)  in revenue bonds, notes, or bond anticipation
notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2
(commencing with Section 15830) to finance the acquisition, design,
or construction, and a reasonable construction reserve, of approved
local jail facilities described in Section 15820.901, and any
additional amount authorized under Section 15849.6 to pay for the
cost of financing.
   (b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
   (c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.902 are continuously appropriated for
purposes of this chapter.
   (d) This section shall become inoperative on June 30, 2017, and no
project may be commenced after that date; however, projects that
have already commenced by that date may be completed and financed
with bonds issued pursuant to this chapter.
   SEC. 3.    Section 15820.913 of the  
Government Code   is amended to read: 
   15820.913.  (a) The SPWB may issue up to  four hundred
seventy million dollars ($470,000,000)   six hundred two
million eight hundred eighty-   one thousand dollars
($602,881,000)  in revenue bonds, notes, or bond anticipation
notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2
(commencing with Section 15830) to finance the acquisition, design,
or construction, and a reasonable construction reserve, of approved
local jail facilities described in Section 15820.911, and any
additional amount authorized under Section 15849.6 to pay for the
cost of financing.
   (b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be used to reimburse a participating county for the costs
of acquisition, preliminary plans, working drawings, and construction
for approved projects.
   (c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.912 are continuously appropriated for
purposes of this chapter.
   SEC. 4.    Section 15820.917 of the  
Government Code   is amended to read: 
   15820.917.  (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of 25 percent of the
total project costs. The CSA may reduce matching fund requirements
for participating counties with a general population below 200,000
upon petition by a participating county to the CSA requesting a lower
level of matching funds.
   (b) The CDCR and CSA shall give funding preference to counties
that  assist the state in siting reentry facilities, pursuant
to Section 6270   committed the largest percentage of
inmates to state custody in relation to the total inmate population
of CDCR in 2010  . 
   (c) The department shall give funding preference to counties that
assist the state in siting mental health day treatment and crisis
care, pursuant to Section 3073 of the Penal Code, and to counties who
provide a continuum of care so that parolees with mental health and
substance abuse needs can continue to receive services at the
conclusion of their period of parole. 
   SEC. 5.    Section 15820.918 of the  
Government Code   is repealed.  
   15820.918.  The CDCR and CSA may not award funds under this
chapter until the panel created pursuant to Section 7021 of the Penal
Code has certified that all of the following conditions have been
met:
   (a) At least 4,000 of the local jail beds from Chapter 3.11
(commencing with Section 15820.90) are under construction or sited.
   (b) At least 2,000 of the original reentry beds are under
construction or sited. 
   SEC. 6.    In addition to any amounts provided in the
Budget Act of 2011, the sum of one thousand dollars ($1,000) is
hereby appropriated from the General Fund to the Department of
Corrections and Rehabilitation for purposes of state operations to be
used by the Corrections Standards Authority in the 2011-12 fiscal
year. 
   SEC. 7.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately. 
   SEC. 8.    This act addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation on January
20, 2011, pursuant to subdivision (f) of Section 10 of Article IV of
the California Constitution. 
   SEC. 9.    This act shall become operative if Senate
Bill 85 or Assembly Bill 109 of the 2011-12 Regular Session of the
Legislature is enacted. 
   SEC. 10.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to obtain savings related to the Budget Act of 2011 at
the earliest possible time, it is necessary that this act take effect
immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2011.