BILL ANALYSIS Ó
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SENATE THIRD READING
SB 92 ( Budget and Fiscal Review Committee)
As Amended June 28, 2011
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE :Vote not relevant
SUMMARY : This is the public safety trailer bill of the May
2011-12 budget package. It contains provisions necessary to
implement the 2011-12 budget. Specifically, this bill :
1)Increases the priority with which the penalty assessment
revenue deposited in the DNA Identification Fund is collected
by exempting the fee from subdivision (e) of Section 1203.1d
of the Penal Code, and, instead, disbursing it under paragraph
(3) of subdivision (b) of Section 1203.1d of the Penal Code.
2)Makes technical clarifying changes to amendments added in SB
78 (Budget and Fiscal Review Committee), Chapter 10, Statutes
of 2011 by removing, from Section 77206 of the Government Code
(GC) , the Bureau of State Audit's requirement to assess the
Judicial Branch's compliance with Section 19210 of the Public
Contract Code (PCC) and creating a new section that mirrors GC
77206 in respect to this PCC compliance responsibility (this
change is necessary to delineate the assessment of Public
Contract Code compliance from the financial audit established
in GC 77206). Also, the technical change 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.
3)Makes technical changes to clean up and update statute related
to the California Community Corrections Performance Incentive
Act of 2009 (SB 678 (Leno and Benoit), Chapter 608, Statutes
of 2009). Specifically:
a) Specifies that the Department of Finance use a weighted
average when determining each county's baseline probation
failure rate;
b) Clarifies counties ability to choose method of grant
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payment (high performance or probation failure reduction);
c) Specifies that the State Community Corrections
Performance Incentive Fund is continuously appropriated;
d) Limits 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 1%;
e) Clarifies method in which the Controller is to make
allocations from the State Community Corrections
Performance Incentive Fund; and,
f) Specifies the distribution method for any remaining
balance of the State Community Corrections Performance
Incentive Fund.
1)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 Department of Finance
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.
2)Provides the California 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:
a) Makes various technical changes necessary to conform to
recently enacted state and federal statute;
b) 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;
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c) Clarifies responsibility for reimbursing community
hospitals and the methodology for reimbursement;
d) Clarifies that DHCS is to be reimbursed for any
administrative costs not covered by FFP;
e) Clarifies that CPHCS is responsible for returning any
disallowed FFP, and if there are any litigation costs,
CPHCS is responsible for them; and,
f) 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.
1)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:
a) Provides that nothing prevents the Governor from
establishing a committee or board composed of heads of
state agencies, should the Governor deem necessary; and,
b) Provides that the Board of State and Community
Corrections will assume many of the responsibilities of
CCCJ and OGYVP.
1)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 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
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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.
2)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.
3)Narrows the duties of the OIG to:
a) The existing functions of the Bureau of Independent
Review;
b) Reviewing CDCR policies, practices and procedures as
requested by the Governor, the Senate Rules Committee or
the Speaker of the Assembly, as specified; and,
c) 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.
1)Makes technical clean-up to AB 1628 (Budget Committee),
Chapter 729, Statutes of 2010, which transferred the Division
of Juvenile Justice parole responsibility to the jurisdiction
of county probation departments. This change ensures the
transfer regardless of the committing court. Although some
commitments are made by superior courts, AB 1628 authorizes
the Division of Juvenile Justice, in some instances, to
transfer wards committed by a juvenile court.
2)Reduces the number of commissioners of the Board of Parole
Hearings that must present to meet, from nine to seven.
3)Includes trigger reduction to juvenile justice. On or after
January 1, 2012, requires counties to pay an annual rate of
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$125,000 for each ward committed to CDCR, Division of Juvenile
Facilities. This change only becomes operative if the
Director of Finance reduces an appropriation pursuant to
subdivision (b) of Section 3.94 of the 2011 Budget Act.
4)Adds an appropriation allowing this bill to take effect
immediately upon enactment.
Analysis prepared by : Christian Griffith / BUDGET / (916)
319-2099
FN: 0001412