BILL NUMBER: SB 93 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 11, 2011
AMENDED IN ASSEMBLY JUNE 28, 2011
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2011
An act to amend Sections 29553, 30061, and 30070 of, and
to add Chapter 6.3 (commencing with Section 30025) to Division 3 of
Title 3 of, the Government Code, to amend Sections 1465.8 and 13821
of the Penal Code, to add Sections 6051.15 and 6201.15 to the Revenue
and Taxation Code, to amend Sections 18220 and 18220.1 of, and to
add Section 17601.20 to, the Welfare and Institutions Code, relating
to local government finance, An act to amend Section
12301.07 of the Welfare and Institutions Code, relating to health and
human services, and making an appropriation therefor, to take
effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 93, as amended, Committee on Budget and Fiscal Review.
Local Revenue Fund 2011. Health and human services.
Existing law provides for the In-Home Supportive Services (IHSS)
program, under which, either through employment by the recipient, or
by or through contract by the county, qualified aged, blind, and
disabled persons receive services enabling them to remain in their
own homes. Counties are responsible for the administration of the
IHSS program. Under the Medi-Cal program, similar services are
provided to eligible individuals, with these services known as
personal care option services.
Existing law authorized an individual who was eligible for IHSS
services in the 1992-93 fiscal year, and who had his or her services
reduced pursuant to specified provisions, but who believed that he or
she was at serious risk of out-of-home placement unless all or part
of the reduced hours were restored, to apply for an IHSS Care
Supplement, as prescribed.
Existing law established a similar reduction in authorized IHSS
service hours, which becomes operative only if a specified medication
machine pilot project does not achieve a designated amount of
savings to the General Fund, as determined by the Department of
Finance, and also authorizes an individual whose services have been
reduced, and who believes that he or she is at serious risk of
out-of-home placement, to submit an IHSS Care Supplement application,
in accordance with specified provisions, in order to have all or
part of the service hour reduction restored.
Existing law also requires the department to implement a 3.6%
reduction in service hours to each IHSS recipient, until July 1,
2012.
Existing law, effective January 1, 2012, imposes an additional 20%
service hour reduction on IHSS recipients, which would be operative
only if a designated provision of the Budget Act of 2011 is
operative, and establishes an IHSS Care Supplement process for any
individual who is notified of a reduction in service hours under the
bill, but who believes he or she is at serious risk of out-of-home
placement unless all or part of the reduction is restored.
This bill would make technical and clarifying changes to the
above-described provisions.
This bill would appropriate $1,000 to the State Department of
Health Care Services for administration.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
(1) Existing law, enacted by Chapter 15 of the Statutes of 2011,
provides that a felony is a crime that is punishable by death, by
imprisonment in the state prison, or, notwithstanding any other
provision of law, by imprisonment in a county jail for more than one
year. Existing law provides that these provisions shall become
operative no earlier than July 1, 2011, and only upon the creation of
a community corrections grant program to assist in implementing the
act and upon an appropriation to fund the grant program.
This bill would establish the Community Corrections Grant Program
for the purpose of funding various changes to the criminal justice
system as required by Chapter 15 of the Statutes of 2011. The bill
would create the Local Revenue Fund 2011 in the State Treasury, and
would create the Trial Court Security Account, the Local Community
Corrections Account, the Local Law Enforcement Services Account, the
Mental Health Account, the District Attorney and Public Defender
Account, the Juvenile Justice Account, the Health and Human Services
Account, and the Reserve Account within the Local Revenue Fund 2011.
The bill would require moneys from specified tax sources and other
moneys that may be specifically appropriated to be deposited in the
Local Revenue Fund 2011 and would provide that the fund is
continuously appropriated, thereby creating an appropriation.
The bill would require that moneys in the Local Community
Correction Account within the Local Revenue Fund 2011 be used to fund
the Community Corrections Grant Program, and would provide that the
appropriation out of that account on October 1, 2011, shall
constitute an appropriation to fund the Community Corrections Grant
Program, consistent with the provisions of Chapter 15 of the Statutes
of 2011. The bill would require that moneys deposited in the Local
Revenue Fund 2011 also be available to reimburse the General Fund and
the state for certain costs, as specified.
The bill would require each county treasurer, city and county
treasurer, or other appropriate officer to create a County Local
Revenue Fund 2011 for the county or city and county, and to create
the Local Community Corrections Account, the Trial Court Security
Account, the District Attorney and Public Defender Account, the
Juvenile Justice Account, the Health and Human Services Account, and
the Supplemental Law Enforcement Account within the County Local
Revenue Fund 2011 for the county or city and county. The bill would
require that moneys in each County Local Revenue Fund 2011 for the
county or city and county and its accounts shall be used exclusively
for Public Safety Services, as defined, and for specific services,
including funding grants solely to enhance the capacity of county
probation, mental health, drug and alcohol, and other county
departments to provide appropriate rehabilitative, housing, and
supervision services to youthful offenders. By creating new duties
for local governments to administer funds and implement the act, this
bill would create a state-mandated local program.
The bill would, for the 2011-12 fiscal year, require the
Controller to allocate on a monthly basis a specified amount, of the
revenues received in the Local Revenue Fund 2011, into the Mental
Health Account of the Local Revenue Fund 2011, the Local Law
Enforcement Services Account, the Trial Court Security Account, the
Local Community Corrections Account, the District Attorney and Public
Defender Account, the Juvenile Justice Account, and the Health and
Human Services Account. Any remaining funds would be allocated to the
Reserve Account to reimburse a county or city and county for
adoption assistance, foster care, and Drug Medi-Cal services, as
specified.
The bill would provide for a monthly allocation from the Mental
Health Account to the Mental Health Subaccount and would provide
that, notwithstanding any other law, funds that would have been
otherwise deposited into the Mental Health Subaccount shall instead
be deposited in the Social Services Account, to be used by each
county and city and county that receives an allocation to pay an
increased county share of CalWORKs grant costs.
(2) Existing law provides that a county may impose a fee upon a
city, special district, school district, community college district,
college, or university for reimbursement of county expenses incurred
with respect to the booking or other processing of persons arrested
by an employee of that city, special district, school district,
community college district, college, or university, where the
arrested persons are brought to the county jail for booking or
detention. Existing law permits all counties and cities and counties
that have charged these fees to apply to the Controller to receive
funding that is equal to the fee revenue received by the county, city
and county, or city during the 2006-07 fiscal year, to the extent
that funding is appropriated therefor in the annual Budget Act or
other appropriation legislation. Existing law provides that these
payments shall be fully funded from the Local Safety and Protection
Account in the Transportation Tax Fund and requires the Controller to
allocate 6.26% of the moneys annually deposited in the Local Safety
and Protection Account for these purposes.
This bill would instead, commencing with the 2011-12 fiscal year,
require these payments to be funded from the Local Law Enforcement
Services Account in the Local Revenue Fund 2011 and would require the
Controller to allocate a specified amount of the moneys annually
deposited in the Local Law Enforcement Services Account for purposes
of the above payments.
(3) Existing law requires that each county treasurer establish a
Supplemental Law Enforcement Services Fund to fund specified local
programs related to corrections. Existing law specifies how money
received by the fund shall be allocated, and requires that 50% be
allocated to the county or city and county to implement a
comprehensive multiagency juvenile justice plan and to the
Corrections Standards Authority for administration purposes. Existing
law requires that programs related to this fund be funded from the
Local Safety and Protection Account in the Transportation Fund.
This bill would delete the provision permitting the allocation to
the Correction Standards Authority. This bill would instead provide
that, commencing with the 2011-12 fiscal year, these programs would
be funded from the Local Law Enforcement Services Account in the
Local Revenue Fund 2011, as specified.
(4) Existing law requires that the Local Assistance for Rural and
Small County Law Enforcement program be funded from the Local Safety
and Protection Account in the Transportation Fund.
This bill would, commencing with the 2011-12 fiscal year, require
the program to be funded from the Local Law Enforcement Services
Account in the Local Revenue Fund 2011, as specified.
(5) Existing law, until July 1, 2013, allows a charge of $40 to be
imposed on every conviction for a criminal offense, as provided, to
ensure adequate funding for court security. As of July 1, 2013,
existing law authorizes a charge of $30.
This bill would revise these provisions and allow an assessment to
be charged, in the same amounts, to assist in funding court
operations, as provided.
(6) Existing law provides for the allocation of funds deposited in
the Local Safety and Protection Account in the Transportation Fund
to the California Emergency Management Agency, for distribution to 10
designated programs, as provided.
This bill would provide that, commencing with the 2011-12 fiscal
year, the Controller shall allocate a specified percent of the amount
deposited in the Local Law Enforcement Services Account in the Local
Revenue Fund 2011 to the California Emergency Management Agency, for
distribution to 6 of those programs, as provided.
(7) Existing law requires the Controller to allocate specified
percentages of the amounts deposited in the Local Safety Protection
Account in the Transportation Fund to be used to serve children who
are habitual truants, runaways, at risk of being wards of the court,
or under juvenile court supervision or supervision of the probation
department, as provided.
This bill would, commencing with the 2011-12 fiscal year, require
the Controller to allocate 33.38% of the funds deposited in the Local
Law Enforcement Services Account in the Local Revenue Fund 2011 for
these purposes. The bill would require the Controller, on a quarterly
basis, to allocate 6.47% of those funds to the Department of
Corrections and Rehabilitation, and would require the department to
allocate funds appropriated in the annual Budget Act and included in
the Local Law Enforcement Services Account among counties that
operate juvenile camps and ranches, as provided.
(8) Existing law imposes state sales and use taxes on retailers
and on the storage, use, or other consumption of tangible personal
property in this state at the combined rate of 71/4% of the gross
receipts from the retail sale of tangible personal property in this
state, and of the sales price of tangible personal property purchased
from any retailer for storage, use, or other consumption in this
state. Existing law requires that all revenues derived from a 6% rate
of that tax, except as provided, to be deposited in the State
Treasury to the credit of the Retail Sales Tax Fund.
This bill would require the amount of those revenues, net of
refunds, collected and attributable to a rate of 1.0625% to be
deposited in the State Treasury to the credit of the Local Revenue
Fund 2011, a continuously appropriated fund, and to be used
exclusively for public safety purposes. The bill would additionally
require the amount of revenues derived from any tax or tax increase
enacted after July 1, 2011, that is deposited in the Local Revenue
Fund 2011 to be applied to reduce the amount otherwise required to be
deposited in that fund from the amount attributable to the 1.0625%
rate, as specified.
(9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The bill would further provide that if reimbursement is required,
it shall first be paid from the County Local Revenue Fund 2011 to the
fullest extent possible.
(10) This bill would declare that it is to take effect immediately
as an urgency statute and as a bill providing for appropriations
related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12301.07 of the
Welfare and Institutions Code , as added by
Section 2 of Chapter 34 of the Statutes of 2011, is amended to read:
12301.07. (a) (1) Notwithstanding any other provision of law, if
subdivision (b) of Section 3.94 of the Budget Act of 2011
becomes is operative, the department
shall implement a 20-percent reduction in authorized hours of service
to each in-home supportive services recipient as specified in this
section, effective January 1, 2012, which shall be applied to the
recipient's hours as authorized pursuant to his or her most recent
assessment.
(2) The reduction required by this section shall not preclude any
reassessment to which a recipient would otherwise be entitled.
However, hours authorized pursuant to a reassessment shall be subject
to the reduction required by this section.
(3) For those recipients who have a documented unmet need,
excluding protective supervision, because of the limitations
contained in Section 12303.4, this reduction shall be applied first
to the unmet need before being applied to the authorized hours. If
the recipient believes he or she will be at serious risk of
out-of-home placement as a consequence of the reduction, the
recipient may apply for a restoration of the reduction of authorized
service hours, pursuant to subdivision (f).
(4) A recipient of services under this article may direct the
manner in which the reduction of hours is applied to the recipient's
previously authorized services.
(5) The reduction in service hours made pursuant to paragraph (2)
shall not apply to in-home supportive services recipients who also
receive services under Section 9560, subdivision (t) of Section
14132, and Section 14132.99.
(b) The department shall work with the counties to develop a
process to allow for counties to preapprove IHSS Care Supplements
described in subdivision (f), to the extent that the process is
permissible under federal law. The preapproval process shall be
subject to the following conditions:
(1) The preapproval process shall rely on the criteria for
assessing IHSS Supplemental Care applications, developed pursuant to
subdivision (f).
(2) Preapproval shall be granted only to individuals who would
otherwise be granted a full restoration of their hours pursuant to
subdivision (f).
(3) With respect to existing recipients as of the effective date
of this section, all efforts shall be made to ensure that counties
complete the process on or before a specific date, as determined by
the department, in consultation with counties in order to allow for
the production, printing, and mailing of notices to be issued to
remaining recipients who are not granted preapproval and who thereby
are subject to the reduction pursuant to this section.
(4) The department shall work with counties to determine how to
apply a preapproval process with respect to new applicants to the
IHSS program who apply after the effective date of this section.
(c) The notice of action informing each recipient who is not
preapproved for an IHSS Care Supplement pursuant to subdivision (b)
shall be mailed at least 15 days prior to the reduction going into
effect. The notice of action shall be understandable to the recipient
and translated into all languages spoken by a substantial number of
the public served by the In-Home Supportive Services program, in
accordance with Section 7295.2 of the Government Code. The notice
shall not contain any recipient financial or confidential identifying
information other than the recipient's name, address, and Case
Management Information and Payroll System (CMIPS) client
identification number, and shall include, but not be limited to, all
of the following information:
(1) The aggregate number of authorized hours before the reduction
pursuant to paragraph (1) of subdivision (a) and the aggregate number
of authorized hours after the reduction.
(2) That the recipient may direct the manner in which the
reduction of authorized hours is applied to the recipient's
previously authorized services.
(3) How all or part of the reduction may be restored, as set forth
in subdivision (f), if the recipient believes he or she will be at
serious risk of out-of-home placement as a consequence of the
reduction.
(d) The department shall inform providers of any reduction to
recipient hours through a statement on provider timesheets, after
consultation with counties.
(e) The IHSS Care Supplement application process described in
subdivision (f) shall be completed before a request for a state
hearing is submitted. If the IHSS Care Supplement application is
filed within 15 days of the notice of action required by subdivision
(c), or before the effective date of the reduction, the recipient
shall be eligible for aid paid pending. A revised notice of action
shall be issued by the county following evaluation of the IHSS Care
Supplement application.
(f) Any aged, blind, or disabled individual who is eligible for
services under this chapter who receives a notice of action
indicating that his or her services will be reduced under subdivision
(a) but who believes he or she is at serious risk of out-of-home
placement unless all or part of the reduction is restored may submit
an IHSS Care Supplement application. When a recipient submits an IHSS
Care Supplement application within 15 days of receiving the
reduction notice or prior to the implementation of the reduction, the
recipient's in-home supportive services shall continue at the level
authorized by the most recent assessment, prior to any reduction,
until the county finds that the recipient does or does not require
restoration of any hours through the IHSS Care Supplement. If the
recipient disagrees with the county's determination concerning the
need for the IHSS Care Supplement, the recipient may request a
hearing on that determination.
(1) The department shall develop an assessment tool, in
consultation with stakeholders, to be used by the counties to
determine if a recipient is at serious risk of out-of-home placement
as a consequence of the reduction of services pursuant to this
section. The assessment tool shall be developed utilizing standard of
care criteria for relevant out-of-home placements that serve
individuals who are aged, blind, or who have disabilities and who
would qualify for IHSS if living at home, including, but not limited
to, criteria set forth in Chapter 7.0 of the Manual of Criteria for
Medi-Cal Authorization published by the State Department of Health
Care Services, as amended April 15, 2004, and the IHSS uniform
assessment guidelines.
(2) Counties shall give a high priority to prompt screening of
persons specified in this section to determine their need for an IHSS
Care Supplement.
(g) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer this section through
all-county letters or similar instruction from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing this section no later than March 1, 2013.
The department may readopt any emergency regulation authorized by
this section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
one readoption of emergency regulations authorized by this section
shall be exempt from review by the Office of Administrative Law. The
initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and each shall remain in effect for no more than 180 days, by which
time final regulations may be adopted.
(h) If the Director of Health Care Services determines that
federal approval is necessary to implement this section, this section
shall be implemented only after any state plan amendments required
pursuant to Section 14132.95 are approved.
SECTION 1. This act is titled and may be cited
as the 2011 Realignment.
SEC. 2. Section 29553 of the Government Code is
amended to read:
29553. (a) Commencing with the 2009-10 fiscal year, the payments
authorized by Section 29552 shall be fully funded from the Local
Safety and Protection Account in the Transportation Tax Fund
authorized by Section 10752.2 of the Revenue and Taxation Code. The
Controller shall allocate 6.26 percent of the moneys annually
deposited in the Local Safety and Protection Account for purposes of
these payments.
(b) Commencing with the 2011-12 fiscal year, the payments
authorized by Section 29552 shall be fully funded from the Local Law
Enforcement Services Account in the Local Revenue Fund 2011. The
Controller shall allocate thirty-five million dollars ($35,000,000)
of the moneys annually deposited in the Local Law Enforcement
Services Account for purposes of these payments. The funds shall be
allocated in four equal quarterly installments beginning October 1 of
each year.
SEC. 3. Chapter 6.3 (commencing with
Section 30025) is added to Division 3 of Title 3
of the Government Code , to
read:
CHAPTER 6.3. LOCAL REVENUE FUND
2011
30025. (a) The Local Revenue Fund
2011 is hereby created in the State Treasury and shall receive all
revenues, less refunds, derived from the taxes described in Sections
6051.15 and 6201.15; revenues as may be allocated to the fund
pursuant to Sections 11001.5 and 11005 of the Revenue and Taxation
Code; and other moneys that may be specifically appropriated to the
fund.
(b) The Trial Court Security Account, the Local Community
Corrections Account, the Local Law Enforcement Services Account, the
Mental Health Account, the District Attorney and Public Defender
Account, the Juvenile Justice Account, the Health and Human Services
Account, and the Reserve Account are hereby created within the Local
Revenue Fund 2011.
(c) The Youthful Offender Block Grant Subaccount and the Juvenile
Reentry Grant Subaccount are hereby created within the Juvenile
Justice Account.
(d) The Adult Protective Services Subaccount, the Foster Care
Subaccount, the Child Welfare Services Subaccount, the Adoptions
Subaccount, the Adoption Assistance Program Subaccount, the Child
Abuse Prevention Subaccount, the Women and Children's Residential
Treatment Services Subaccount, the Drug Court Subaccount, the Nondrug
Medi-Cal Substance Abuse Treatment Services Subaccount, and the Drug
Medi-Cal Subaccount are hereby created within the Health and Human
Services Account within the Local Revenue Fund 2011.
(e) Funds transferred to the Local Revenue Fund 2011 and its
accounts and subaccounts are, notwithstanding Section 13340,
continuously appropriated and shall be allocated pursuant to statute
exclusively for Public Safety Services as defined in subdivision (h)
and as further limited by statute. The moneys derived from taxes
described in subdivision (a) and deposited in the Local Revenue Fund
2011 shall be available to reimburse the General Fund for moneys that
are advanced to the Local Revenue Fund 2011. Additionally, all funds
deposited in the Local Revenue Fund 2011 and its accounts shall be
available to pay for state costs incurred resulting from phasing in
the implementation of Chapter 15 of the Statutes of 2011 and to
reimburse the state for costs incurred on behalf of a local
governmental entity in providing Public Safety Services.
(f) (1) Each county treasurer, city and county treasurer, or other
appropriate official shall create a County Local Revenue Fund 2011
for the county or city and county and shall create the Local
Community Corrections Account, the Trial Court Security Account, the
District Attorney and Public Defender Account, the Juvenile Justice
Account, the Health and Human Services Account, and the Supplemental
Law Enforcement Account within the County Local Revenue Fund 2011 for
the county or city and county.
(2) The moneys in the County Local Revenue Fund 2011 for each
county or city and county and its accounts shall be exclusively used
for Public Safety Services as defined in subdivision (h) and as
further described in this section.
(3) The moneys in the Trial Court Security Account shall be used
exclusively to fund trial court security provided by county sheriffs.
No general county administrative costs may be charged to this
account, including, but not limited to, the costs of administering
the account.
(4) The moneys in the Local Community Corrections Account shall be
used exclusively to fund the provisions of Chapter 15 of the
Statutes of 2011. The moneys within this account shall not be used by
local agencies to supplant other funding for Public Safety Services.
This account shall be the source of funding for the Postrelease
Community Supervision Act of 2011, as enacted by Section 479 of
Chapter 15 of the Statutes of 2011, and to fund the housing of
parolees in county jails.
(5) The moneys in the District Attorney and Public Defender
Account shall be used exclusively to fund costs associated with
revocation proceedings involving persons subject to state parole and
the Postrelease Community Supervision Act of 2011 (Title 2.05
(commencing with Section 3450) of Part 3 of the Penal Code). The
moneys shall be allocated equally by the county or city and county to
the district attorney's office and county public defender's office.
(6) The moneys in the Juvenile Justice Account shall only be used
to fund activities in connection with the grant programs described in
this paragraph.
(A) The Youthful Offender Block Grant Subaccount shall be used to
fund grants solely to enhance the capacity of county probation,
mental health, drug and alcohol, and other county departments to
provide appropriate rehabilitative, housing, and supervision services
to youthful offenders, subject to Sections 731.1, 733, 1766, and
1767.35 of the Welfare and Institutions Code. Counties, in expending
an allocation from this subaccount, shall provide all necessary
services related to the custody and parole of the offenders.
(B) The Juvenile Reentry Grant Subaccount shall be used to fund
grants exclusively to address local program needs for persons
discharged from the custody of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities. County probation
departments, in expending the Juvenile Reentry Grant allocation,
shall provide evidence-based supervision and detention practices and
rehabilitative services to persons who are subject to the
jurisdiction of the juvenile court, and who were committed to and
discharged from the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities. "Evidence-based" refers to
supervision and detention policies, procedures, programs, and
practices demonstrated by scientific research to reduce recidivism
among individuals on probation or under postrelease supervision. The
funds allocated from this subaccount shall supplement existing
services and shall not be used by local agencies to supplant any
existing funding for existing services provided by these entities.
The funding provided from this subaccount is intended to provide
payment in full for all local government costs of the supervision,
programming, education, incarceration, or any other cost resulting
from persons discharged from custody or held in local facilities
pursuant to the provisions of Chapter 729 of the Statutes of 2010.
(7) The Health and Human Services Account and its subaccounts
described in subdivision (d) shall be used only to fund activities
performed in connection with the programs described in this
subdivision. The subaccounts shall be used exclusively as follows:
(A) The Adult Protective Services Subaccount shall be used to fund
adult protective services described in statute and regulation.
(B) The Foster Care Subaccount shall be used to fund the
administrative costs and cost of foster care grants and services as
those services are described in statute and regulation, including the
costs for the Title IV-E Child Welfare Waiver Demonstration Capped
Allocation Project.
(C) The Child Welfare Services Subaccount shall be used to fund
the costs of child welfare services as those services are described
in statute and regulation.
(D) The Adoptions Subaccount shall be used to fund the costs
connected with providing adoptive services, including agency
adoptions, as described in statute and regulation, including the
costs incurred by the county or city and county if the county or city
and county elects to contract with the state to provide those
services.
(E) The Child Abuse Prevention Subaccount shall be used to fund
the costs of child abuse prevention, intervention, and treatment
services as those costs and services are described in statute and
regulation.
(F) The Adoption Assistance Program Subaccount shall be used to
fund the administrative costs and payments for families adopting
children with special needs.
(G) The Women and Children's Residential Treatment Services
Subaccount shall be used to fund the costs of residential perinatal
drug services and treatment as those services and treatment are
described in statute and regulation.
(H) The Drug Court Subaccount shall be used to fund the costs of
drug court operations and services as those costs are currently
permitted and described by statute and regulation.
(I) The Nondrug Medi-Cal Substance Abuse Treatment Services
Subaccount shall be used to fund the costs of nondrug Medi-Cal
substance abuse treatment programs, as described in statute and
regulation.
(J) The Drug Medi-Cal Subaccount shall be used to fund the costs
of the Drug Medi-Cal program as that program is described in statute,
regulation, or the current State Plan Amendment.
(g) The moneys in the Reserve Account shall be used to fund
entitlements paid from the Foster Care Subaccount, the Drug Medi-Cal
Subaccount and the Adoption Assistance Program Subaccount of the
Health and Human Services Account .
(h) For purposes of this section, "Public Safety Services" shall
include all of the following:
(1) Employing public safety officials, prosecutors, public
defenders, and court security staff.
(2) Managing local jails, housing and treating youthful offenders,
and providing services for, and overseeing the supervised release
of, offenders.
(3) Preventing child abuse, providing services to children who are
abused, neglected, or exploited, providing services to vulnerable
children and their families, and providing adult protective services.
(4) Providing mental health services to children and adults in
order to reduce failure in school, harm to themselves and others,
homelessness, and preventable incarceration.
(5) Preventing, treating, and providing recovery services for
alcohol and drug abuse.
30026. (a) Consistent with Section 636 of Chapter 15 of the
Statutes of 2011, as of October 1, 2011, there is hereby established
the Community Corrections Grant Program for the purpose of funding
various changes to the criminal justice system as required by Chapter
15 of the Statutes of 2011. The grant program shall provide grants
to all counties that are affected by the provisions of Chapter 15 of
the Statutes of 2011.
(b) The moneys in the Local Community Corrections Account within
the Local Revenue Fund 2011 shall be used to fund the grant program
as established in subdivision (a), and the appropriation out of that
account on October 1, 2011, shall constitute an appropriation to fund
the Community Corrections Grant Program, consistent with the
provisions of Chapter 15 of the Statutes of 2011, and as identified
in Section 636 of Chapter 15 of the Statutes of 2011.
30027. (a) For the 2011-12 fiscal year, on the 15th of every
month, the Controller shall allocate to the Mental Health Account of
the Local Revenue Fund 2011, ninety million three hundred thousand
dollars ($90,300,000) of the revenue received into Local Revenue Fund
2011, pursuant to Sections 6051.15 and 6201.15 of the Revenue and
Taxation Code.
(b) (1) All funds obtained pursuant to Sections 11001.5 and 11005
of the Revenue and Taxation Code shall be deposited in the Local Law
Enforcement Services Account. However, no more than four hundred and
eighty-nine million nine hundred thousand dollars ($489,900,000) in
total shall be allocated out of the Local Law Enforcement Services
Account.
(2) For the 2011-12 fiscal year, every month the Controller shall
allocate to the Local Law Enforcement Services Account three million
forty-one thousand six hundred sixty-seven dollars ($3,041,667) of
the amounts received during any month into the Local Revenue Fund
2011 pursuant to Sections 6051.15 and 6201.15 of the Revenue and
Taxation Code. However, these deposits shall cease once the Local Law
Enforcement Services Account has been allocated four hundred
eighty-nine million nine hundred thousand dollars ($489,900,000).
(3) If on June 27, 2012, there have been insufficient funds
provided to the Local Law Enforcement Services Account to permit the
full allocation as described in subdivision (e) of Section 30029, the
Director of Finance shall allocate sufficient funds from the Local
Revenue Fund 2011 to provide that full allocation.
(c) For the 2011-12 fiscal year, of the amounts received during
any month into the Local Revenue Fund 2011 pursuant to Sections
6051.15 and 6201.15 of the Revenue and Taxation Code, after having
first deducted the amount described in subdivisions (a) and (b), or
any other revenue except those received pursuant to Section 11005 of
the Revenue and Taxation Code, shall be allocated by the Controller
on the 15th of every month as follows:
(1) Twelve and forty-five hundredths of 1 percent shall be
allocated to the Trial Court Security Account. However, no more than
four hundred ninety-six million four hundred twenty-nine thousand
dollars ($496,429,000) in total shall be allocated to the Trial Court
Security Account, and the total allocation to the account shall be
reduced by the Director of Finance, as appropriate, to reflect any
reduction in trial court security costs.
(2) Eight and eighty-nine hundredths of 1 percent shall be
allocated to the Local Community Corrections Account.
(3) Thirty-two hundredths of 1 percent shall be allocated to the
District Attorney and Public Defender Account. However, no more than
twelve million seven hundred thousand dollars ($12,700,000) in total
shall be allocated to the District Attorney and Public Defender
Account.
(4) Two and forty-four hundredths of 1 percent shall be allocated
to the Juvenile Justice Account. However, no more than ninety-seven
million one hundred ninety thousand dollars ($97,190,000) shall be
allocated to the Juvenile Justice Account.
(5) Forty-five and thirty-one hundredths of 1 percent shall be
allocated to the Health and Human Services Account.
(6) If revenue received into the Local Revenue Fund 2011, pursuant
to Sections 6051.15 and 6201.15 of the Revenue and Taxation Code,
cannot be allocated to a particular account due to the cap for that
account having been reached, then those funds shall be placed into
the Reserve Account. The Director of Finance may allocate the funds
in the Reserve Account to reimburse a county or city and county for
services funded by the Adoption Assistance Program Subaccount, the
Foster Care Subaccount, or the Drug Medi-Cal Subaccount of the Health
and Human Services Account. The Controller shall allocate those
funds based on a schedule provided by the Director of Finance, as
submitted from time to time at the discretion of the Director of
Finance.
(d) It is the intent of the Legislature that new allocation
formulas be developed using appropriate data and information for the
2012-2013 fiscal year and each fiscal year thereafter. It is also the
intent of the Legislature
that sufficient protections are in place to provide ongoing funding
and mandate protection be the state and local government.
30028. Funds allocated to the Juvenile Justice Account from the
Local Revenue Fund 2011 pursuant to paragraph (4) of subdivision (c)
of Section 30027 shall be allocated by the Controller as follows:
(a) Ninety-six and fifteen hundredths of 1 percent to the Youthful
Offender Block Grant Subaccount.
(b) Three and eighty-five hundredths of 1 percent to the Juvenile
Reentry Grant Subaccount.
30028.5. Funds allocated to the Health and Human Services Account
from the Local Revenue Fund 2011 pursuant to paragraph (5) of
subdivision (c) of Section 30027 shall be allocated by the Controller
as follows:
(a) Three percent to the Adult Protective Services Subaccount.
(b) Twenty-five and six-tenths of 1 percent to the Foster Care
Subaccount.
(c) Thirty-five and five tenths of 1 percent to the Child Welfare
Services Subaccount.
(d) Three and nine tenths of 1 percent to the Adoptions
Subaccount.
(e) Seven tenths of 1 percent to the Child Abuse Prevention
Subaccount.
(f) Twenty-one and one tenth of 1 percent to the Adoption
Assistance Program Subaccount.
(g) Three tenths of 1 percent to the Women and Children's
Residential Treatment Services Subaccount.
(h) One and five tenths of 1 percent to the Drug Court Subaccount.
(i) One and one tenth of 1 percent to the Nondrug Medi-Cal
Substance Abuse Treatment Services Subaccount.
(j) Seven and three tenths of 1 percent to the Drug Medi-Cal
Subaccount.
30029. For the 2011-12 fiscal year,
allocations out of the accounts in the Local Revenue Fund 2011, shall
be allocated as follows:
(a) All of the funds allocated to the Mental Health Account from
the Local Revenue Fund 2011 pursuant to subdivision (a) of Section
30027, shall be allocated by the Controller on the 20th of each month
to the Mental Health Subaccount of the Sales Tax Account in the
Local Revenue Fund, as established by paragraph (1) of subdivision
(b) of Section 17600 of the Welfare and Institutions Code.
(b) Funds allocated to the Trial Court Security Account from the
Local Revenue Fund 2011, pursuant to paragraph (1) of subdivision (c)
of Section 30027, shall be allocated by the Controller on the 27th
of each month to the Trial Court Security Account within each county'
s or city and county's County Local Revenue Fund 2011 based on an
allocation provided by the Director of Finance. The moneys allocated
pursuant to this subdivision shall be used solely to provide security
to the trial courts and shall not be used to pay for general county
administrative expenses, including, but not limited to, the costs of
administering the account.
(c) Funds allocated to the Local Community Corrections Account
from the Local Revenue Fund 2011, pursuant to paragraph (2) of
subdivision (c) of Section 30027, shall constitute the creation of
the grant program in accordance with Section 30026 and the
appropriation to fund the Community Corrections Grant Program
consistent with provisions of Chapter 15 of the Statutes of 2011, and
as identified in Section 636 of Chapter 15 of the Statutes of 2011.
Solely for the 2011-12 fiscal year, those funds shall be allocated in
nine monthly installments beginning on October 1, 2011, to the Local
Community Corrections Account held in each county's or city and
county's County Local Revenue Fund 2011, as follows:
ALAMEDA................. 2.6026%
ALPINE.................. 0.0217%
AMADOR.................. 0.1534%
BUTTE................... 0.7722%
CALAVERAS............... 0.0990%
COLUSA.................. 0.0605%
CONTRA COSTA............ 1.2907%
DEL NORTE............... 0.0625%
EL DORADO............... 0.3417%
FRESNO.................. 2.4946%
GLENN................... 0.0935%
HUMBOLDT................ 0.4309%
IMPERIAL................ 0.3659%
INYO.................... 0.0539%
KERN.................... 3.0579%
KINGS................... 0.8078%
LAKE.................... 0.2317%
LASSEN.................. 0.1086%
LOS ANGELES............. 31.7692%
MADERA.................. 0.4765%
MARIN................... 0.3681%
MARIPOSA................ 0.0467%
MENDOCINO............... 0.2805%
MERCED.................. 0.7052%
MODOC................... 0.0217%
MONO.................... 0.0283%
MONTEREY................ 1.0858%
NAPA.................... 0.2969%
NEVADA.................. 0.1454%
ORANGE.................. 6.5138%
PLACER.................. 0.8429%
PLUMAS.................. 0.0434%
RIVERSIDE............... 5.9482%
SACRAMENTO.............. 3.7088%
SAN BENITO.............. 0.1546%
SAN BERNARDINO.......... 7.2779%
SAN DIEGO............... 7.0860%
SAN FRANCISCO........... 1.4253%
SAN JOAQUIN............. 1.9153%
SAN LUIS OBISPO......... 0.6211%
SAN MATEO............... 1.1919%
SANTA BARBARA........... 1.0948%
SANTA CLARA............. 3.5468%
SANTA CRUZ.............. 0.4693%
SHASTA.................. 0.8436%
SIERRA.................. 0.0217%
SISKIYOU................ 0.1256%
SOLANO.................. 1.0747%
SONOMA.................. 0.9146%
STANISLAUS.............. 1.6965%
SUTTER.................. 0.3295%
TEHAMA.................. 0.3422%
TRINITY................. 0.0408%
TULARE.................. 1.5969%
TUOLUMNE................ 0.1690%
VENTURA................. 1.6079%
YOLO.................... 0.8396%
YUBA.................... 0.2839%
(d) Solely for the 2011-12 fiscal year, funds allocated to the
District Attorney and Public Defender Account from the Local
Realignment Fund 2011, pursuant to paragraph (3) of subdivision (c)
of Section 30027, shall be allocated in nine monthly installments
beginning on October 1, 2011, to the District Attorney and Public
Defender Account held in each county's or city and county's County
Local Revenue Fund 2011 as follows:
ALAMEDA................. 2.6026%
ALPINE.................. 0.0217%
AMADOR.................. 0.1534%
BUTTE................... 0.7722%
CALAVERAS............... 0.0990%
COLUSA.................. 0.0605%
CONTRA COSTA............ 1.2907%
DEL NORTE............... 0.0625%
EL DORADO............... 0.3417%
FRESNO.................. 2.4946%
GLENN................... 0.0935%
HUMBOLDT................ 0.4309%
IMPERIAL................ 0.3659%
INYO.................... 0.0539%
KERN.................... 3.0579%
KINGS................... 0.8078%
LAKE.................... 0.2317%
LASSEN.................. 0.1086%
LOS ANGELES............. 31.7692%
MADERA.................. 0.4765%
MARIN................... 0.3681%
MARIPOSA................ 0.0467%
MENDOCINO............... 0.2805%
MERCED.................. 0.7052%
MODOC................... 0.0217%
MONO.................... 0.0283%
MONTEREY................ 1.0858%
NAPA.................... 0.2969%
NEVADA.................. 0.1454%
ORANGE.................. 6.5138%
PLACER.................. 0.8429%
PLUMAS.................. 0.0434%
RIVERSIDE............... 5.9482%
SACRAMENTO.............. 3.7088%
SAN BENITO.............. 0.1546%
SAN BERNARDINO.......... 7.2779%
SAN DIEGO............... 7.0860%
SAN FRANCISCO........... 1.4253%
SAN JOAQUIN............. 1.9153%
SAN LUIS OBISPO......... 0.6211%
SAN MATEO............... 1.1919%
SANTA BARBARA........... 1.0948%
SANTA CLARA............. 3.5468%
SANTA CRUZ.............. 0.4693%
SHASTA.................. 0.8436%
SIERRA.................. 0.0217%
SISKIYOU................ 0.1256%
SOLANO.................. 1.0747%
SONOMA.................. 0.9146%
STANISLAUS.............. 1.6965%
SUTTER.................. 0.3295%
TEHAMA.................. 0.3422%
TRINITY................. 0.0408%
TULARE.................. 1.5969%
TUOLUMNE................ 0.1690%
VENTURA................. 1.6079%
YOLO.................... 0.8396%
YUBA.................... 0.2839%
(e) A total of four hundred eighty nine million nine hundred
thousand dollars ($489,900,000) of the funds allocated to the Local
Law Enforcement Services Account in the Local Revenue Fund 2011
pursuant to subdivision (b) of Section 30027, shall be allocated
pursuant to all of the following:
(1) Subdivision (b) of Section 29553.
(2) Subdivision (f) of Section 30061.
(3) Subdivision (b) of Section 30070.
(4) Subdivision (b) of Section 13821 of the Penal Code.
(5) Subdivision (b) of Section 18220 of the Welfare and
Institutions Code.
(6) Subdivision (b) of Section 18220.1 of the Welfare and
Institutions Code.
(f) Funds in the Local Revenue Fund 2011 that are not allocated to
a particular account or subaccount may be allocated by the Director
of Finance to offset state costs incurred from the phasing in of the
implementation of Chapter 15 of the Statutes of 2011 and those costs
incurred on behalf of a local governmental entity in providing Public
Safety Services.
30029.1. The moneys allocated out of the subaccounts of the
Juvenile Justice Account for the 2011-12 fiscal year are intended to
be allocated in the same manner as the funding for those programs
would have been allocated in the 2011-12 fiscal year if not for the
passage of the act adding this section. For the 2011-12 fiscal year,
moneys in the subaccounts in the Juvenile Justice Account in the
Local Revenue Fund 2011 shall be allocated as follows:
(a) The Director of Finance shall determine the total amount of
the Youthful Offender Block Grant and the allocation for each county,
pursuant to Sections 1955 and 1956 of the Welfare and Institutions
Code, and shall report those findings to the Controller. The
Controller shall make an allocation from the Youthful Offender Block
Grant Subaccount in the Juvenile Justice Account to each county's or
city and county's Juvenile Justice Account in accordance with the
report. The moneys allocated pursuant to this subdivision shall be
used solely for the purposes described in subparagraph (A) of
paragraph (6) of subdivision (f) of Section 30025.
(b) The Director of Finance shall calculate the Juvenile Reentry
Grant and the allocation for each county probation department,
consistent with the goals and criteria set forth in Section 1984 of
the Welfare and Institutions Code, except that the allocations shall
be distributed monthly, and shall report those findings to the
Controller. The Controller shall make an allocation from the Juvenile
Reentry Grant Subaccount to each county's or each city and county's
Juvenile Justice Account in accordance with the report. The moneys
allocated pursuant to this subdivision shall be used solely for the
purposes described in subparagraph (B) of paragraph (6) of
subdivision (f) of Section 30025.
30029.2. (a) The moneys allocated out of the subaccounts of the
Health and Human Services Account for the constituent programs of
those subaccounts are intended, as much as practicable, to be
allocated in the same manner the funds for those programs were
distributed in the 2010-11 fiscal year.
(b) All of the moneys allocated out of a subaccount in the Health
and Human Services Account shall be used solely for the purposes
described for that subaccount in paragraph (7) of subdivision (f) of
Section 30025.
(c) For the 2011-12 fiscal year, the subaccounts of the Health and
Human Services Account in the Local Revenue Fund 2011, except the
Child Welfare Services Subaccount, shall be allocated by the
Controller each month to the Health and Human Services Account within
each county's or city and county's County Local Revenue Fund 2011
based on an allocation provided by the Director of Finance.
(d) Funds allocated to the Child Welfare Services Subaccount from
the Health and Human Services Account in the Local Revenue Fund 2011,
pursuant to subdivision (c) of Section 30028.5, shall be allocated
by the Controller each month to the Health and Human Services Account
within each county's or city and county's County Local Revenue Fund
2011, based on an allocation provided by the Director of Finance
which reflects the allocation structure for the 2010-11 fiscal year.
This allocation shall be provided to the Director of Finance by the
State Department of Social Services based on estimates developed by
the State Department of Social Services in consultation with the
County Welfare Directors Association and the California State
Association of Counties. The moneys allocated pursuant to this
subdivision shall be used solely for the purposes described in
subparagraph (C) of paragraph (7) of subdivision (f) of Section
30025.
SEC. 4. Section 30061 of the Government Code is
amended to read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Account (SLESA), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county's SLESA, including any
interest or other return earned on the investment of those moneys,
within 30 days of the deposit of those moneys into the fund, and
shall allocate those moneys in accordance with the requirements set
forth in this subdivision. However, the auditor shall not transfer
those moneys to a recipient agency until the Supplemental Law
Enforcement Oversight Committee certifies receipt of an approved
expenditure plan from the governing board of that agency. The moneys
shall be allocated as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide, except as provided in subdivision (j), a grant
of at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. For a newly incorporated city whose
population estimate is not published by the Department of Finance,
but that was incorporated prior to July 1 of the fiscal year in which
an allocation from the SLESA is to be made, the city manager, or an
appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESA is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. Except as provided in subdivision (j), the county
auditor shall allocate a grant of at least one hundred thousand
dollars ($100,000) to each law enforcement jurisdiction. Moneys
allocated to the county pursuant to this subdivision shall be
retained in the county SLESA, and moneys allocated to a city pursuant
to this subdivision shall be deposited in an SLESA established in
the city treasury.
(4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph. The juvenile justice plan shall be developed by the local
juvenile justice coordinating council in each county and city and
county with the membership described in Section 749.22 of the Welfare
and Institutions Code. If a plan has been previously approved by the
Corrections Standards Authority, the plan shall be reviewed and
modified annually by the council. The plan or modified plan shall be
approved by the county board of supervisors, and in the case of a
city and county, the plan shall also be approved by the mayor. The
plan or modified plan shall be submitted to the Corrections Standards
Authority by May 1 of each year.
(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the
following requirements:
(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of
program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Corrections Standards Authority shall review plans or
modified plans submitted pursuant to this paragraph within 30 days
upon receipt of submitted or resubmitted plans or modified plans. The
authority shall approve only those plans or modified plans that
fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the approval of
its plan or modified plan. The authority shall offer, and provide,
if requested, technical assistance to any county or city and county
that submits a plan or modified plan not in compliance with the
requirements of this paragraph. The SLESA shall only allocate funding
pursuant to this paragraph upon notification from the authority that
a plan or modified plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October
15, 2002, and annually each October 15 thereafter, to the county
board of supervisors and the Corrections Standards Authority, in a
format specified by the authority, on the programs funded pursuant to
this chapter and program outcomes as specified in subparagraph (C).
(ii) The Corrections Standards Authority shall compile the local
reports and, by March 15, 2003, and annually thereafter, make a
report to the Governor and the Legislature on program expenditures
within each county and city and county from the appropriation for the
purposes of this paragraph, on the outcomes as specified in
subparagraph (C) of the programs funded pursuant to this paragraph
and the statewide effectiveness of the comprehensive multiagency
juvenile justice plans.
(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs. The board shall, at a public hearing held at a time
determined by the board in each year that the Legislature
appropriates funds for purposes of this chapter, or within 30 days
after a request by a recipient agency for a hearing if the funds have
been received by the county from the state prior to that request,
consider and determine each submitted request within 60 days of
receipt, pursuant to the
decision of a majority of a quorum present. The board shall consider
these written requests separate and apart from the process
applicable to proposed allocations of the county general fund.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be acted upon by
the city council in the same manner as specified in paragraph (1)
for county appropriations.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund frontline municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district. These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) In the 2009-10 fiscal year, and every fiscal year thereafter,
the Controller shall allocate 21.30 percent of the amount deposited
in the Local Safety and Protection Account for purposes of paragraphs
(1), (2), and (3) of subdivision (b), and shall allocate 21.30
percent for purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2011-12 fiscal year, the Controller shall
allocate 23.54 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 for the
purposes of paragraphs (1), (2), and (3) of subdivision (b), and
shall allocate 23.54 percent for purposes of paragraph (4) of
subdivision (b).
(g) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance. In the 2009-10 fiscal year, and each
fiscal year thereafter, the Controller shall allocate funds
authorized for purposes of this chapter on a quarterly basis,
beginning October 1 of each year.
(h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met this
requirement shall remit unspent SLESF moneys received prior to April
1, 2009, to the Controller for deposit into the General Fund. A local
agency that has not met the requirement of this subdivision shall
remit unspent SLESF moneys received after April 1, 2009, to the
Controller for deposit in the Local Safety and Protection Account,
and after April 1, 2012, to the Local Law Enforcement Services
Account.
(i) If a county, a city, a city and county, or a qualifying
special district does not comply with the requirements of this
chapter to receive an SLESA allocation, the Controller shall revert
funds that were provided for the noncompliant entity prior to April
1, 2009, to the General Fund. Funds provided for the noncompliant
entity after March 1, 2009, shall be reverted to the Local Safety and
Protection Account, and after March 1, 2012, shall be reverted to
the Local Law Enforcement Services Account.
(j) In the 2010-11 fiscal year, if the fourth quarter revenue
derived from fees imposed by subdivision (a) of Section 10752.2 of
the Revenue and Taxation Code that are deposited in the General Fund
and transferred to the Local Safety and Protection Account, and
continuously appropriated to the Controller for allocation pursuant
to this section, are insufficient to provide a minimum grant of one
hundred thousand dollars ($100,000) to each law enforcement
jurisdiction, the county auditor shall allocate the revenue
proportionately, based on the allocation schedule in paragraph (3) of
subdivision (b). The county auditor shall proportionately allocate,
based on the allocation schedule in paragraph (3) of subdivision (b),
all revenues received after the distribution of the fourth quarter
allocation attributable to these fees for which payment was due prior
to July 1, 2011, until all minimum allocations are fulfilled, at
which point all remaining revenue shall be distributed
proportionately among the other jurisdictions.
SEC. 5. Section 30070 of the Government Code is
amended to read:
30070. (a) Commencing in the 2009-10 fiscal year, the program
authorized by this chapter shall be funded from the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code. The Controller shall, on a
quarterly basis, beginning on October 1, 2009, allocate 3.68 percent
of the moneys annually deposited in the Local Safety and Protection
Account to county sheriffs' departments to enhance law enforcement
efforts in the counties specified in paragraphs (1) to (37),
inclusive, according to the following schedule:
(1) Alpine County ................. 2.7027%
(2) Amador County ................. 2.7027%
(3) Butte County .................. 2.7027%
(4) Calaveras County .............. 2.7027%
(5) Colusa County ................. 2.7027%
(6) Del Norte County .............. 2.7027%
(7) El Dorado County .............. 2.7027%
(8) Glenn County .................. 2.7027%
(9) Humboldt County ............... 2.7027%
(10) Imperial County .............. 2.7027%
(11) Inyo County .................. 2.7027%
(12) Kings County ................. 2.7027%
(13) Lake County ................. 2.7027%
(14) Lassen County ................ 2.7027%
(15) Madera County ................ 2.7027%
(16) Marin County ................. 2.7027%
(17) Mariposa County .............. 2.7027%
(18) Mendocino County ............. 2.7027%
(19) Merced County ................ 2.7027%
(20) Modoc County ................. 2.7027%
(21) Mono County .................. 2.7027%
(22) Napa County .................. 2.7027%
(23) Nevada County ................ 2.7027%
(24) Placer County ................ 2.7027%
(25) Plumas County ................ 2.7027%
(26) San Benito County ............ 2.7027%
(27) San Luis Obispo County ....... 2.7027%
(28) Santa Cruz County ............ 2.7027%
(29) Shasta County ................ 2.7027%
(30) Sierra County ................ 2.7027%
(31) Siskiyou County .............. 2.7027%
(32) Sutter County ................ 2.7027%
(33) Tehama County ................ 2.7027%
(34) Trinity County ............... 2.7027%
(35) Tuolumne County .............. 2.7027%
(36) Yolo County .................. 2.7027%
(37) Yuba County .................. 2.7027%
(b) Commencing with the 2011-12 fiscal year, the program
authorized by this chapter shall be funded from the Local Law
Enforcement Services Account in the Local Revenue Fund 2011. The
Controller shall, on a quarterly basis, beginning on October 1,
allocate 4.07 percent of the moneys annually deposited in the Local
Law Enforcement Services Account to county sheriffs' departments to
enhance law enforcement efforts in the counties specified in
paragraphs (1) to (37), inclusive, according to the following
schedule:
(1) Alpine County ................. 2.7027%
(2) Amador County ................. 2.7027%
(3) Butte County .................. 2.7027%
(4) Calaveras County .............. 2.7027%
(5) Colusa County ................. 2.7027%
(6) Del Norte County .............. 2.7027%
(7) El Dorado County .............. 2.7027%
(8) Glenn County .................. 2.7027%
(9) Humboldt County ............... 2.7027%
(10) Imperial County .............. 2.7027%
(11) Inyo County .................. 2.7027%
(12) Kings County ................. 2.7027%
(13) Lake County .................. 2.7027%
(14) Lassen County ................ 2.7027%
(15) Madera County ................ 2.7027%
(16) Marin County ................. 2.7027%
(17) Mariposa County .............. 2.7027%
(18) Mendocino County ............. 2.7027%
(19) Merced County ................ 2.7027%
(20) Modoc County ................. 2.7027%
(21) Mono County .................. 2.7027%
(22) Napa County .................. 2.7027%
(23) Nevada County ................ 2.7027%
(24) Placer County ................ 2.7027%
(25) Plumas County ................ 2.7027%
(26) San Benito County ............ 2.7027%
(27) San Luis Obispo County ....... 2.7027%
(28) Santa Cruz County ............ 2.7027%
(29) Shasta County ................ 2.7027%
(30) Sierra County ................ 2.7027%
(31) Siskiyou County .............. 2.7027%
(32) Sutter County ................ 2.7027%
(33) Tehama County ................ 2.7027%
(34) Trinity County ............... 2.7027%
(35) Tuolumne County .............. 2.7027%
(36) Yolo County .................. 2.7027%
(37) Yuba County .................. 2.7027%
(c) Funds allocated pursuant to this section shall be used to
supplement rather than supplant existing law enforcement resources.
SEC. 6. Section 1465.8 of the Penal Code, as
amended by Section 8 of Chapter 10 of the Statutes of 2011, is
amended to read:
1465.8. (a) (1) To assist in funding court operations, an
assessment of forty dollars ($40) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This court operations
assessment shall be deposited in accordance with subdivision (d), and
may not be included with the fee calculated and distributed pursuant
to Section 42007 of the Vehicle Code.
(b) This assessment shall be in addition to the state penalty
assessed pursuant to Section 1464 and may not be included in the base
fine to calculate the state penalty assessment as specified in
subdivision (a) of Section 1464. The penalties authorized by Chapter
12 (commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply
to this assessment.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the assessment prescribed by this section.
(d) Notwithstanding any other provision of law, the assessments
collected pursuant to subdivision (a) shall all be deposited in a
special account in the county treasury and transmitted therefrom
monthly to the Controller for deposit in the Trial Court Trust Fund.
The assessments collected pursuant to this section shall not be
subject to subdivision (e) of Section 1203.1d, but shall be disbursed
under subdivision (b) of Section 1203.1d.
(e) The Judicial Council shall provide for the administration of
this section.
(f) This section shall remain in effect only until July 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2013, deletes or extends that date.
SEC. 7. Section 1465.8 of the Penal Code, as
amended by Section 9 of Chapter 10 of the Statutes of 2011, is
amended to read:
1465.8. (a) (1) To assist in funding court operations, an
assessment of thirty dollars ($30) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This court operations
assessment shall be deposited in accordance with subdivision (d), and
may not be included with the fee calculated and distributed pursuant
to Section 42007 of the Vehicle Code.
(b) This assessment shall be in addition to the state penalty
assessed pursuant to Section 1464 and may not be included in the base
fine to calculate the state penalty assessment as specified in
subdivision (a) of Section 1464. The penalties authorized by Chapter
12 (commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply
to this assessment.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the assessment prescribed by this section.
(d) Notwithstanding any other provision of law, the assessments
collected pursuant to subdivision (a) shall all be deposited in a
special account in the county treasury and transmitted therefrom
monthly to the Controller for deposit in the Trial Court Trust Fund.
(e) The Judicial Council shall provide for the administration of
this section.
(f) This section shall become operative on July 1, 2013.
SEC. 8. Section 13821 of the Penal Code is
amended to read:
13821. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 12.68 percent in the 2008-09 fiscal year and 11.42 percent
in the 2009-10 fiscal year, and each fiscal year thereafter, to the
California Emergency Management Agency. The Controller shall allocate
these funds on a quarterly basis beginning April 1, 2009.
(b) Commencing with the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account within the Local Revenue Fund 2011 to
the California Emergency Management Agency. The Controller shall
allocate these funds on a quarterly basis beginning on October 1.
These funds shall be allocated by the California Emergency Management
Agency according to the agency's existing programmatic guidelines.
Of the amount allocated pursuant to this subdivision, the California
Emergency Management Agency shall distribute these funds according to
the following percentages:
(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal
year and each fiscal year thereafter.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2
percent in the 2011-12 fiscal year, and each fiscal year thereafter.
(3) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 12.48 percent in the 2011-12 fiscal year
and each fiscal year thereafter.
(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83 percent
in the 2011-12 fiscal year, and each fiscal year thereafter.
(5) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 3.91 percent in the 2011-12 fiscal year and
each fiscal year thereafter.
(6) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 9.06
percent in the 2011-12 fiscal year and each fiscal year thereafter.
(c) Beginning in the 2009-10 fiscal year and each fiscal year
thereafter, the California Emergency Management Agency may retain up
to 3 percent of the funds allocated in subdivision (a) or (b) for
program administrative costs.
SEC. 9. Section 6051.15 is added to the Revenue
and Taxation Code, to read:
6051.15. (a) Notwithstanding Section 7101 or any other law, the
amount of revenues, net of refunds, collected pursuant to Section
6051 and attributable to a rate of 1.0625 percent shall, subject to
subdivision (b), be deposited in the State Treasury to the credit of
the Local Revenue Fund 2011, as established pursuant to Section 30025
of the Government Code, and shall be used exclusively for the public
safety purposes for which that fund is created.
(b) The amount of revenues derived from any tax or tax increase
enacted after July 1, 2011, that is deposited in the Local Revenue
Fund 2011 shall be applied to reduce the amount otherwise required to
be deposited in that fund pursuant to subdivision (a).
SEC. 10. Section 6201.15 is added to the
Revenue and Taxation Code, to read:
6201.15. (a) Notwithstanding Section 7101 or any other law, the
amount of revenues, net of refunds, collected pursuant to Section
6201 and attributable to a rate of 1.0625 percent shall, subject to
subdivision (b), be deposited in the State Treasury to the credit of
the Local Revenue Fund 2011, as established pursuant to Section 30025
of the Government Code, and shall be used exclusively for the public
safety purposes for which that fund is created.
(b) The amount of revenues derived from any tax or tax increase
enacted after July 1, 2011, that is deposited in the Local Revenue
Fund 2011 shall be applied to reduce the amount otherwise required to
be deposited in that fund pursuant to subdivision (a).
SEC. 11. Section 17601.20 is added to the
Welfare and Institutions Code, to read:
17601.20. (a) Notwithstanding any other law, beginning in the
2011-12 fiscal year, except for the funds described in subdivision
(c), any funds under this chapter or any other provision of Chapter
89 of the Statutes of 1991 that would have otherwise been deposited
into the Mental Health Subaccount subsequent to July 15 shall instead
be deposited in the Social Services Subaccount.
(b) All of the funds deposited in the Social Services Subaccount
pursuant to subdivision (a) shall be used by each county and city and
county that receives an allocation of those funds to pay an
increased county share of CalWORKs grant costs.
(c) There shall be a monthly allocation from the Mental Health
Account in the Local Revenue Fund 2011 to the Mental Health
Subaccount pursuant to subdivision (a) of Section 30027 of the
Government Code.
SEC. 12. Section 18220 of the Welfare and
Institutions Code is amended to read:
18220. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund, authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 33.52 percent in the 2008-09 fiscal year and 30.19 percent
in the 2009-10 fiscal year, and each fiscal year thereafter, for
purposes of Section 18221.
(b) Commencing with the 2011-12 fiscal year, the Controller shall
allocate 33.38 percent of the funds deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 for
purposes of Section 18221.
(c) The Controller shall allocate funds in equal quarterly
installments, commencing April 1, 2009, for those amounts described
in subdivision (a) and commencing October 1, 2011, for those amounts
described in subdivision (b), to local jurisdictions to support
juvenile probation activities based on the percentages as follows:
Alameda.............. 3.9522%
Alpine............... 0.0004%
Amador............... 0.0597%
Butte................ 0.3193%
Calaveras............ 0.0611%
Colusa............... 0.0341%
Contra Costa......... 2.6634%
Del Norte............ 0.1170%
El Dorado............ 0.3016%
Fresno............... 2.1547%
Glenn................ 0.0536%
Humboldt............. 0.1696%
Imperial............. 0.3393%
Inyo................. 0.1432%
Kern................. 2.5687%
Kings................ 0.3839%
Lake................. 0.1866%
Lassen............... 0.0543%
Los Angeles.......... 40.1353%
Madera............... 0.2399%
Marin................ 0.3742%
Mariposa............. 0.0133%
Mendocino............ 0.1975%
Merced............... 0.3464%
Modoc................ 0.0213%
Mono................. 0.0071%
Monterey............. 0.6039%
Napa................. 0.3520%
Nevada............... 0.1244%
Orange............... 8.4582%
Placer............... 0.2667%
Plumas............... 0.0273%
Riverside............ 3.2234%
Sacramento........... 2.1350%
San Benito........... 0.2136%
San Bernardino....... 3.4715%
San Diego............ 5.6095%
San Francisco........ 1.9161%
San Joaquin.......... 0.8854%
San Luis Obispo...... 0.6007%
San Mateo............ 1.8974%
Santa Barbara........ 1.6561%
Santa Clara.......... 5.8082%
Santa Cruz........... 0.6128%
Shasta............... 0.4116%
Sierra............... 0.0037%
Siskiyou............. 0.0750%
Solano............... 1.0363%
Sonoma............... 1.3043%
Stanislaus........... 0.5275%
Sutter............... 0.1344%
Tehama............... 0.1444%
Trinity.............. 0.0346%
Tulare............... 1.4116%
Tuolumne............. 0.0706%
Ventura.............. 1.7193%
Yolo................. 0.2543%
Yuba................. 0.1125%
Total................ 100%
SEC. 13. Section 18220.1 of the Welfare and
Institutions Code is amended to read:
18220.1. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 5.85 percent in the 2009-10 fiscal year and each year
thereafter. The Controller shall allocate these funds on a quarterly
basis beginning April 1, 2009, to the Department of Corrections and
Rehabilitation. The department shall allocate the funds appropriated
in the annual Budget Act and included in the Local Safety and
Protection Account among counties that operate juvenile camps and
ranches based on the number of occupied beds in each camp as of 12:01
a.m. each day, up to the Corrections Standards Authority rated
maximum capacity, as determined by the Corrections Standards
Authority.
(b)
Commencing with the 2011-12 fiscal year, the Controller shall, on a
quarterly basis beginning October 1, allocate 6.47 percent of the
funds deposited in the Local Law Enforcement Services Account in the
Local Revenue Fund 2011 to the Department of Corrections and
Rehabilitation. The department shall allocate the funds appropriated
in the annual Budget Act, and included in the Local Law Enforcement
Services Account, among counties that operate juvenile camps and
ranches based on the number of occupied beds in each camp as of 12:01
a.m. each day, up to the Corrections Standards Authority rated
maximum capacity, as determined by the Corrections Standards
Authority.
SEC. 14. For the 2011-12 fiscal year, in
accordance with subdivision (c) of Section 30025 of the Government
Code, moneys within the Local Revenue Fund 2011 shall, upon order of
the Director of Finance, be used to reimburse the General Fund for
costs incurred and expenditures made by the state on behalf of any
local governmental entity in providing Public Safety Services, as
defined in subdivision (h) of Section 30025 of the Government Code,
permissible to be paid from the Local Community Corrections Account
as described in Section 30025 of the Government Code.
SEC. 15. (a) If the Commission on State
Mandates determines that this act contains costs mandated by the
state, reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
(b) If reimbursement is required pursuant to subdivision (a),
reimbursement to local agencies shall first be paid from the County
Local Revenue Fund 2011 to the fullest extent possible.
SEC. 2. The sum of one thousand dollars ($1,000)
is hereby appropriated from the General Fund to the State Department
of Health Care Services for administration.
SEC. 16. SEC. 3. 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.