BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 92|
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THIRD READING
Bill No: SB 92
Author: Senate Budget and Fiscal Review Committee
Amended: 6/14/11
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Budget Act of 2011: Public Safety
SOURCE : Author
DIGEST : This bill makes statutory changes necessary to
implement the Public Safety portions of the 2011-12 Budget.
Assembly Amendments delete and recast the bill, and insert
language relating to implementing provisions relating to
public safety.
ANALYSIS : This is the Public Safety Budget Trailer Bill.
It contains provisions necessary to implement the 2011-12
Budget, including these key changes:
1. Eliminations and Efficiencies . Eliminates the
California Emergency Council, the California Council on
Criminal Justice (CCCJ) and the Governor's Office of
Gang and Youth Violence Policy (OGYVP) . However, it
(1) provides that nothing prevents the Governor from
establishing a committee or board composed of heads of
state agencies, should the Governor deem necessary, and
(2) provides that the Board of State and Community
CONTINUED
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Corrections (discussed below in issue 8) will assume
many of the responsibilities of CCCJ and OGYVP.
2. DNA Identification Fund Shortfall . Increases the
priority with which the penalty assessment revenue
deposited in the DNA Identification Fund is collected by
exempting the fee from Penal Code Section 1203.1d,
subdivision (e), and, instead, disbursing it under
paragraph (3) of Penal Code Section 1203.1d, subdivision
(b).
3. Bureau of State Audits, Court Public Contract Code
Compliance Clean-up . Makes technical clarifying changes
to amendments added in SB 78 (Senate Budget and Fiscal
Review Committee), Chapter 10, Statutes of 2011, by
removing, from Government Code Section 77206, the Bureau
of State Audit's requirement to assess the Judicial
Branch's compliance with Public Contract Code Section
19210 and creating a new section that mirrors Government
Code Section 77206 in respect to this Public Contract
Code compliance responsibility (this change is necessary
to delineate the assessment of Public Contract Code
compliance from the financial audit established in
Government Code Section 77206), and establishes a
timeframe (10 days) in which the judicial branch must
notify the State Auditor when it has entered into a
contract greater than $1 million.
4. Community Corrections Grants . Cleans up statute related
to the California Community Corrections Performance
Incentive Act of 2009 (SB 678) by (1) specifying that
the Department of Finance (DOF) use a weighted average
when determining each county's baseline probation
failure rate, (2) clarifying counties ability to choose
method of grant payment (high performance or probation
failure reduction), (3) specifying that the State
Community Corrections Performance Incentive Fund is
continuously appropriated, (4) limiting the amount that
can be used by the Administrative Office of the Courts
for purposes of implementing and administering the
program to no more than one percent, (5) clarifying
method in which the Controller is to make allocations
from the State Community Corrections Performance
Incentive Fund, and (6) specifying the distribution
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method for any remaining balance of the State Community
Corrections Performance Incentive Fund.
5. Prison Health Care Services Medical Provider
Overpayments . Allows the Receiver to apply the
recoveries of overpayments made to medical providers to
the fiscal year in which they were collected. In
addition, allows the DOF to increase an item of
appropriation for the fiscal year in which the
collection was made and authorize any recoveries made
prior to July 1, 2011 to be applied to fiscal year
2010-11. Requires that any money recovered or any
adjustments to appropriations made pursuant to this
section be reported to the Joint Legislative Budget
Committee within 30 days.
6. Prison Health Care Services Medi-Cal Reimbursement .
Provides the Department of Corrections and
Rehabilitation (CDCR) and California Prison Health Care
Services (CPHCS) the authority to sign eligible
patient-inmates up for Medi-Cal for the limited purpose
of receiving Federal Financial Participation (FFP).
Additionally, (1) makes various technical changes
necessary to conform to recently enacted state and
federal statute, (2) clarifies that the Department of
Health Care Services (DHCS) is the entity responsible
for reimbursing CPHCS for Medi-Cal patient-inmates and
Low Income Health Plan (LIHP) patient-inmates, (3)
clarifies responsibility for reimbursing community
hospitals and the methodology for reimbursement, (4)
clarifies that DHCS is to be reimbursed for any
administrative costs not covered by FFP, (5) clarifies
that CPHCS is responsible for returning any disallowed
FFP, and if there are any litigation costs, CPHCS is
responsible for them, and (6) allows DHCS to require a
county to enroll an eligible inmate into its LIHP and
removes any penalties from counties for any federal
claiming issues for LIHP patient-inmates.
7. Board of State and Community Corrections . Removes the
Corrections Standards Authority (CSA) from CDCR and
creates the Board of State and Community Corrections
(BSCC), beginning July 1, 2012. The BSCC is comprised
of state and local criminal justice stakeholders. In
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addition to the CSA's existing responsibilities for
monitoring local facilities and distributing criminal
justice resources, the BSCC's mission will be to provide
leadership, coordination, and research expertise in the
state and local corrections system. The mission of the
BSCC will also reflect the principal of aligning fiscal
policy and correctional practices 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 BSCC will act as the
supervisory board of the state planning agency pursuant
to specific federal acts and review and approve the
comprehensive state plan for the improvement of criminal
justice and delinquency prevention activities throughout
the state.
8. Inspector General Workload Reduction . Removes employees
of the Office of the Inspector General (OIG) and the
Inspector General from peace officer status and
authorizes the Inspector General and certain other
employees to exercise the powers of arrest and serving
warrants.
Narrows the duties of the OIG to (1) the existing
functions of the Bureau of Independent Review; (2)
reviewing CDCR policies, practices and procedures as
requested by the Governor, the Senate Rules Committee or
the Speaker of the Assembly, as specified; and (3)
conducting an objective, clinically appropriate, and
metric-oriented medical inspection program to
periodically review delivery of medical care at each
state prison, consistent with the current medical
inspection program conducted by the office, as
specified. The language makes related, conforming
changes. Lastly, removes the requirement of the
Inspector General to audit wardens, but retains the
warden vetting duties of the office.
9. Juvenile Parole Shift Clean-Up . Makes technical
clean-up to Chapter 729, Statutes of 2010 (AB 1628),
which transferred Division of Juvenile Justice parole
responsibility to the jurisdiction of county probation
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departments. This change ensures the transfer
regardless of the committing court. AB 1628 only
authorizes the Division to transfer wards committed by a
juvenile court in some instances, but some commitments
are made by superior courts.
10. Board of Parole Hearings Quorum . Reduces the number of
commissioners of the Board that must be present to meet,
as specified, from nine to seven.
11. Division of Juvenile Justice Trigger . On or after
January 1, 2012, requires counties to pay an annual rate
of $125,000 for each ward committed to the CDCR,
Division of Juvenile Facilities. This change only
becomes operative if the Director of DOF reduces an
appropriation pursuant to subdivision (b) of Section
3.94 of the 2011 Budget Act.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
DLW:mw 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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