Amended in Senate September 3, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 84

Introduced by Committee on Budget ( begin delete Blumenfield end delete begin insert Skinner end insert (Chair), Bloom, begin delete Bonilla end delete begin insert Campos end insert , Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, begin delete Rendon, end delete Stone, and Ting)

January 10, 2013

An act begin delete relating to the Budget Act of 2013. end delete begin insert to add Chapter 4 (commencing with Section 1234) to Title 8 of Part 2 of, and to add Title 14 (commencing with Section 14400) to Part 4 of, the Penal Code, relating to corrections, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 84, as amended, Committee on Budget. begin delete Budget Act of 2013. end delete begin insert Public safety: Public safety performance incentives. end insert

begin insert

(1) Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund (CCPIF) and authorizes the state to annually allocate moneys in a State Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law requires community corrections programs to be developed by the chief probation officer, as advised by a Community Corrections Partnership. Existing law requires each county using CCPIF funds to identify and track specific outcome-based measures and to report to the Administrative Office of the Courts on the effectiveness of the programs funded by the CCPIF.

end insert begin insert

This bill would authorize each county to establish a Public Safety Performance Incentives Fund (PSPIF) and would authorize the state to annually allocate money into a Public Safety Performance Incentives Fund to be used for specified purposes relating to reducing crime and recidivism among criminal offenders, as specified. This bill would require the Director of Finance, to calculate a formula and recommend to the Legislature the amount of money that should be appropriated into a county PSPIF not to exceed $315 million each year, as specified. The bill would also require each county program using PSPIF funds to identify and track specific outcome-based measures, as specified, and require counties receiving PSPIF funds to report to the Administrative Office of the Courts regarding the effectiveness of the crime reduction program funded by the PSPIF.

end insert begin insert

This bill would require, as a condition of receiving PSPIF funds, the board of supervisors and the chief probation officer of each county to develop and implement a crime reduction program.

end insert begin insert

(2) Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law establishes the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, among other duties.

end insert begin insert

This bill would establish the California Public Safety Commission, a permanent, advisory agency in state government, to be composed of 18 members, as specified. The bill would require the commission to provide information and develop recommendations for the Legislature and the Governor to consider, to assist with prison population management options consistent with public safety, to assist with effective correctional practices and the effective allocation of public safety resources, to develop recommendations for the Legislature and the Governor to consider regarding criminal sentences and evidence-based programming for criminal offenders, and to develop recommendations for the Legislature and the Governor to consider sentencing credits.

end insert begin insert

The bill would require the administrative duties of the commission to be performed by commission staff physically sited in the Administrative Office of the Courts, and would deem the commission to be within the judicial branch of state government. The bill would specify that the commission is a criminal justice agency.

end insert begin insert

This bill would require each agency and department of state and local government to make its services, equipment, personnel, facilities, and information available to the greatest practical extent to the commission in the execution of its functions. By increasing the duties of local governments, this bill would impose a state-mandated local program.

end insert begin insert

(3) 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.

end insert begin insert

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.

end insert begin insert

(4) Existing constitutional provisions require that a statute that limits the right of access to the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert begin insert

The bill would make findings to that effect regarding the need to keep confidential any information requested by the California Public Safety Commission and provided by an agency of state or local government in order for the commission to execute its functions.

end insert begin insert

(5) The bill would appropriate $1,000,000 from the General Fund to the California Public Safety Commission for the establishment and funding of the commission. The bill would appropriate $500,000 from the Public Safety Performance Incentives Fund to the Administrative Office of the Courts for the costs of implementing and administering the California Public Safety Performance Incentives program. The bill would appropriate $180,000,000 from the General Fund to the Department of Finance to support evidence-based programs and practices that are likely to reduce the number of offenders admitted to state prison. The bill would also appropriate $20,000,000 from the General Fund to the Judicial Council to support the administration and operation of court programs and practices known to reduce offender recidivism.

end insert begin insert

(6) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

end insert begin insert

(a) The State of California has invested billions of dollars in
prison construction and other initiatives to improve prison health
care and related conditions of correctional care.

end insert begin insert

(b) The State of California has achieved comprehensive criminal
justice reform over the course of the last four years. All of these
measures have contributed to reducing the number of offenders
sent to or kept in state prison.

end insert begin insert

(c) In 2011, California enacted Assembly Bill 109 (realignment),
under which lower risk felons and parolees are incarcerated in
county jails instead of in state prison. Realignment alone reduced
California’s prison population by almost 25,000 inmates in less
than one year.

end insert begin insert

(d) California cannot safely sustain early releases of prison
inmates, especially as its local law enforcement agencies are fully
engaged in implementing realignment. California cannot meet an
arbitrary standard and deadline of December 31, 2013, for
reducing its prison inmate population by nearly 10,000 in a manner
consistent with public safety, fiscal prudence, and long-term
sustainability.

end insert begin insert

(e) California has made remarkable, historic progress in
reducing its inmate population over the last four years. Continued
substantive investments in ensuring a set of durable solutions to
safeguard a reduced and stabilized prison population require relief
from the December 31, 2013, prison population reduction deadline
imposed by the federal courts.

end insert begin insert

(f) The additional state commitments authorized by this act
provide an immediately deployable remedy to further reduce new
prison admissions through more effective local criminal justice
practices and programs, which will avoid the risk of early release
of prison inmates ordered by the federal courts and improve public
safety in both the near and short term.

end insert begin insert

(g) This act, together with legal and administrative solutions
relating to the safe and effective management of California’s prison
population secured by the executive branch, will provide balanced
and durable solutions to prison overcrowding that are cost
effective, protect public safety, and provide an immediate and
viable blueprint for the state, in consultation with stakeholders,
to assess the state prison system, including capacity needs, prison
population levels, recidivism rates, and factors affecting crime
levels.

end insert begin insert

(h) The startup funding and ongoing incentive-based grant
program to support local governments which are contained in this
act ensure that state and local partners have the resources and
time necessary to develop additional thoughtful, balanced, and
effective long-term solutions consistent with, and complementary
to, the recent criminal justice reforms of realignment. The
long-term opportunity contained in this legislation will support
the state’s efforts to effectively and safely manage its prison
population.

end insert begin insert

(i) This act will support the state and its local government and
justice partners in working towards safer communities, truer
offender accountability, and further success in the implementation
of realignment.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 4 (commencing with Section 1234) is added
to Title 8 of Part 2 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4. end insert California Public Safety Performance
Incentives

 

begin insert 1234. end insert   

(a) This chapter shall be known, and may be cited, as
the Public Safety Performance Incentive Act of 2013.

(b) The Legislature finds and declares all of the following:

(1) The State of California has invested billions of dollars in
prison construction and other initiatives to improve providing
prison health care and related conditions of correctional care.

(2) California has achieved comprehensive criminal justice
reform over the course of the last four years.

(3) California has made historic progress in reducing its inmate
population over the last four years, and enacting evidence-based
criminal justice reforms that promote improved public safety
programs and practices. Continued substantive investments in
ensuring a set of durable solutions to safeguard a reduced and
stabilized prison population while ensuring and promoting public
safety justify relief from the December 31, 2013, prison population
reduction deadline imposed by the federal courts.

(4) The additional state commitments authorized by this chapter
provide an immediately deployable and durable remedy to further
reduce new prison admissions through more effective local criminal
justice practices and programs, which will avoid the risk of early
release of prison inmates ordered by the federal courts and improve
public safety in both the near and short term.

(5) The startup funding and ongoing incentive-based grant
program to support local governments contained in this chapter
are intended to support local criminal justice partners with the
resources and time necessary to develop additional thoughtful,
balanced, and effective long-term solutions consistent with, and
complementary to, the recent criminal justice reforms of
realignment. The long-term opportunity contained in this chapter
will also support California’s efforts to effectively and safely
manage its prison population.

(6) This chapter will support California and its local government
and justice partners in working towards safer communities, true
offender accountability, further success in the implementation of
realignment, and a stabilized and effective state prison system.

begin insert 1234.1. end insert   

(a) Each county may establish in each county treasury
a Public Safety Performance Incentives Fund, to receive all
amounts allocated to that county for purposes of implementing
this chapter.

(b) Notwithstanding any other law, in any fiscal year for which
a county receives moneys to be expended for the implementation
of this chapter, the moneys, including any interest earned on
moneys received by a county, shall be made available to the board
of supervisors, the chief probation officer, and the superior court
of that county within 30 days of the deposit of those moneys into
the fund, for the implementation of the crime reduction program
authorized by this chapter.

(1) A crime reduction program shall be developed and
implemented by the board of supervisors and the chief probation
officer of each county.

(2) Funds allocated to the board and to the chief probation
officer pursuant to this chapter shall be used for programs that
maximize the county’s effectiveness in reducing recidivism among
criminal offenders subject to custody or supervision in its
jurisdiction, which may include, but are not limited to, the
following:

(A) Expanding the availability of evidence-based rehabilitation
programs, including, but not limited to, mental health treatment,
drug and alcohol treatment, anger management programs,
cognitive behavior programs, reentry courts, and job training and
employment services.

(B) Implementing and expanding evidence-based risk and needs
assessment, including, but not limited to, the development of
offender case management plans.

(C) Implementing and expanding intermediate sanctions for
offenders that include, but are not limited to, electronic monitoring,
mandatory community service, home detention, day reporting,
restorative justice programs, and work furlough programs.

(D) Providing more intensive supervision by counties.

(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.

(F) Implementing and expanding evidence-based supervision,
services, and programs known to reduce recidivism and crime
among offenders subject to the custody of the sheriff.

(G) Implementing and expanding evidence-based policing
programs and practices known to reduce crime.

(H) Implementing evidence-based prosecutorial programs and
practices that reduce the number of offenders sent to state prison,
such as community-based prosecution programs, education,
training, administration, and operation of programs and practices
that are known to reduce recidivism.

(3) Each board of supervisors and the chief probation officer
receiving funds under this chapter shall maintain a complete and
accurate accounting of all funds received.

(4) Five percent of all funding allocated to a county under this
chapter shall be allocated to the superior court of that county to
implement evidence-based court practices that are known to
improve outcomes among criminal offenders and reduce recidivism.

begin insert 1234.2. end insert   

In any fiscal year for which a county receives moneys
pursuant to this chapter, the moneys, including any interest earned
on moneys received by a county, shall be allocated as follows:

(a) The chief probation officer shall receive an allocation
reflecting reductions in the county’s admission-to-prison rate
achieved for persons subject to felony probation, mandatory
supervision, and postrelease community supervision.

(b) The board of supervisors shall receive an allocation
reflecting reductions in the county’s admission-to-prison rate
achieved for persons other than those described in subdivision
(a).

(c) The superior court shall receive 5 percent of the allocations
awarded pursuant to subdivisions (a) and (b).

begin insert 1234.3. end insert   

(a) Programs funded pursuant to this chapter shall
identify and track specific outcome-based measures consistent
with the goals of this chapter.

(b) The Administrative Office of the Courts, in consultation with
the California State Association of Counties and the Chief
Probation Officers of California, shall specify and define minimum
required outcome-based measures, which shall include, but not
be limited to, all of the following:

(1) The number of persons who are being provided with
programs, services, or supervision through programs operated
by, or contracted for, the county in accordance with evidence-based
practices.

(2) A descriptive list of all programs or services receiving
funding pursuant to this chapter.

(3) The number and percentage of persons receiving programs
or services pursuant to this chapter who successfully complete
program or service goals or successfully complete a period of
local supervision.

(c) The board of supervisors of each county receiving funding
pursuant to this chapter shall provide an annual written report to
the Administrative Office of the Courts evaluating the effectiveness
of the crime reduction program, including, but not limited to, the
data described in subdivision (b).

begin insert 1234.4. end insert   

Commencing no later than 18 months following the
initial receipt of funding pursuant to this chapter, and annually
thereafter, the Administrative Office of the Courts, in consultation
with the Department of Corrections and Rehabilitation, the
Department of Finance, the California State Association of
Counties, and the Chief Probation Officers of California, shall
submit to the Governor and the Legislature a comprehensive report
on the implementation of this chapter. The report shall include,
but not be limited to, all of the following information for each
county:

(a) The effectiveness of the crime reduction program based on
the reports of outcome-based measures required by Section 1234.3.

(b) Admissions to prison or jail as a percentage of the total
county population between 18 and 25 years of age for the year for
which the report is being made.

(c) The rate of felony convictions as a percentage of the total
county population between 18 and 25 years of age.

(d) The impact of the moneys allocated pursuant to this chapter
to enhance public safety by reducing the incidence of criminal
activity and admissions to prison or jail for the year for which the
report is being made.

(e) Any recommendations regarding resource allocations or
additional collaboration with other state, regional, federal, or
local entities for improvements to this program.

begin insert 1234.5. end insert   

The Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, the California State Association of Counties,
and the Administrative Office of the Courts, shall do all of the
following:

(a) Calculate a statewide baseline admission-to-prison rate
based on the percentage of the total statewide population between
18 and 25 years of age admitted to state prison during the 2012
calendar year and the first eight months of the 2013 calendar year.

(b) For each county, calculate a baseline admission-to-prison
rate based on the percentage of the total county population between
18 and 25 years of age admitted to state prison during the 2012
calendar year and the first eight months of the 2013 calendar year.

(c) Develop a proposed methodology for identifying the number
of annual prison admissions for each county compared to the
county’s baseline rate, established pursuant to subdivision (b),
that is attributable to offenders who were on felony probation,
mandatory supervision, or postrelease community supervision at
the time of the offense resulting in the prison admission. The
Department of Finance shall present this proposed methodology
to the Legislature no later than May 15, 2014.

begin insert 1234.6. end insert   

After the conclusion of each calendar year beginning
with 2014, the Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, the California State Association of Counties,
and the Administrative Office of the Courts, shall calculate the
following for the immediately preceding calendar year:

(a) The statewide admission-to-prison rate. The statewide
admission-to-prison rate shall be calculated as the total number
of admissions to prison in the preceding year as a percentage of
the total statewide population between 18 and 25 years of age.

(b) The admission-to-prison rate for each county. Each county’s
admission-to-prison rate shall be calculated as the total number
of admissions to prison from the county for the preceding year as
a percentage of the total county population between 18 and 25
years of age.

(c) An estimate of the reduction in the number of prison
admissions each county successfully achieved. This number shall
include estimates of the amount of the total reduction that is
attributable to reductions in offenders sent to prison from each of
the following categories: felony probationers, offenders subject
to mandatory supervision, and offenders subject to postrelease
community supervision. For each county, this estimate shall be
calculated based on the reduction in the county’s
admission-to-prison rate as calculated annually pursuant to
subdivision (b) and the county’s prison admissions compared to
the county’s baseline rate as calculated pursuant to subdivision
(c) of Section 1234.5.

begin insert 1234.7. end insert   

No later than May 15, 2014, and by every May 15
thereafter, the Department of Finance, in consultation with the
Legislative Analyst’s Office, shall develop and present to the
Governor and the Legislature a formula for calculating the
reduction in prison-admission incentive payment for each eligible
county pursuant to Section 1234.9. That formula shall reflect the
following elements, calculated according to the amount proposed
to be appropriated to the Public Safety Performance Incentives
Fund in the budget year:

(a) A specified amount assigned to each reduction in the number
of prison admissions attributable to the county as calculated
pursuant to subdivision (c) of Section 1234.6.

(b) For any fiscal year, in lieu of the amount described in
subdivision (a), a county may elect to receive a high-performance
grant if (1) the county achieves an admission-to-prison rate that
is 25 percent below the baseline statewide admission-to-prison
rate calculated pursuant to Section 1234.5, and (2) achieves an
admission-to-prison rate below the statewide admission-to-prison
rate calculated pursuant to subdivision (a) of Section 1234.6. The
high-performance grant shall take into account the size of the
county’s total population between 18 and 25 years of age.

(c) If eligible for a high-performance grant pursuant to
subdivision (b), the board of supervisors and CPO shall indicate
to the Administrative Office of the Courts, by a date designated
by the Administrative Office of the Courts, whether the county
chooses to receive the high-performance grant pursuant to
subdivision (b) or the reduction in prison-admission incentive
payment calculated pursuant to subdivision (a).

(d) The incentive payments provided for in this section shall be
administered by the Administrative Office of the Courts. The
Administrative Office of the Courts shall seek to ensure that each
qualifying county that submits a qualifying application receive a
proportionate share of the funding available based on the
population of adults 18 to 25 years of age, inclusive, in each of
the counties eligible for the incentive payments.

(e) A county that fails to provide the information specified in
Section 1234.3 to the Administrative Office of the Courts is not
eligible for payment pursuant to this chapter.

(f) For the 2014-15 fiscal year, the Department of Finance, in
consultation with the Department of Corrections and
Rehabilitation, the Joint Legislative Budget Committee, the
California Association of Counties, and the Administrative Office
of the Courts, shall develop a proposed allocation for the Public
Safety Incentives Performance program authorized by this chapter
that includes a combination of initial funding, to be distributed
consistent with the requirements of this chapter, as well as the
performance incentive for individual counties for the months of
October 2013 to April 2014, inclusive, consistent with the formula
developed pursuant to this section. The Department of Finance
shall present this proposed allocation to the Legislature no later
than May 15, 2014.

begin insert 1234.8. end insert   

If all the data specified by this chapter are not available
to the Director of Finance, the Director of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, and the Administrative Office of
the Courts, shall use the best available data to estimate reduction
in prison-admission incentive payments and high-performance
grants utilizing a methodology that is as consistent with that
described in this chapter as is reasonably possible.

begin insert 1234.9. end insert   

(a) Reduction in prison-admission incentive payments
and high-performance grants calculated for any calendar year
shall be provided to a county in the following fiscal year. The total
annual payment to each county shall be divided into four equal
quarterly payments.

(b) The Department of Finance shall include an estimate of the
total reduction in prison-admission incentive payments and
high-performance grants to be provided to counties in the coming
fiscal year as part of the Governor’s proposed budget released no
later than January 10 of each year. This estimate shall be adjusted
by the Department of Finance, as necessary, to reflect the actual
calculations of prison-admission incentive payments and
high-performance grants awarded by the Director of Finance, in
consultation with the Department of Corrections and
Rehabilitation, the Joint Legislative Budget Committee, the
California State Association of Counties, the Chief Probation
Officers of California, and the Administrative Office of the Courts.
This adjustment shall occur as part of standard budget revision
processes completed by the Department of Finance in April and
May of each year.

(c) Moneys appropriated for purposes of providing reduction
in prison-admission incentive payments and high-performance
grants authorized by this chapter shall be transferred to the Public
Safety Performance Incentives Fund from the General Fund. Any
moneys transferred to this fund from the General Fund shall be
administered by the Administrative Office of the Courts, and the
share calculated for each county shall be transferred to its Public
Safety Performance Incentives Fund.

(d) For each fiscal year, the Director of Finance shall, in its
budget recommendation described in subdivision (a), recommend
an amount, not to exceed three hundred fifteen million dollars
($315,000,000), to be appropriated by statute from the General
Fund to be transferred to the Public Safety Performance Incentives
Fund pursuant to this chapter. The amount to be allocated to each
county pursuant to this chapter shall be reported to the Controller.
The Controller shall, pursuant to statute, make an allocation from
the Public Safety Performance Incentives Fund to each county in
accordance with that law.

(e) The amount of five hundred thousand dollars ($500,000) is
hereby allocated from the Public Safety Performance Incentives
Fund to the Administrative Office of the Courts for the costs of
implementing and administering this program. These funds shall
be available for encumbrance and expenditure until June 30, 2014.

begin insert 1234.10. end insert   

Each county receiving funding pursuant to this
chapter for any fiscal year shall submit a report to the
Administrative Office of the Courts describing the manner in which
the county plans to use the funds for that fiscal year to enhance
the county’s ability to successfully implement this chapter. A county
that fails to submit this report by March 1 of each year is not
eligible to receive funding pursuant to this chapter in the
subsequent fiscal year.

begin insert 1234.11. end insert   

The moneys appropriated pursuant to this chapter
shall be used to supplement, not supplant, any other funds
appropriated by the state or allocated by a county for prison
recidivism reduction measures.

begin insert 1234.12. end insert   

The Administrative Office of the Courts, in
consultation with the California State Association of Counties and
the Chief Probation Officers of California, shall specify which
programs subject to this chapter are effective at reducing crime
and the state prison population and which programs are ineffective
in that regard.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Title 14 (commencing with Section 14400) is added to
Part 4 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Title  begin insert 14. end insert   California Public Safety Commission

 

begin insert 14400. end insert   

The Legislature hereby finds and declares all of the
following:

(a) There are more than 1,000 felony sentencing laws and more
than 100 felony sentence enhancements across the California
Codes.

(b) Although determinate sentencing was designed to create
uniformity, today sentences for similar crimes can vary
significantly by county and courtroom depending on the charges
and enhancements filed by the district attorneys and the sentencing
choices made by judges regarding probation, jail, or prison.
Outcomes for offenders also vary depending upon availability of
correctional resources at the local level, creating inequities along
county lines.

(c) States with sentencing commissions have reduced overall
crime rates by increasing penalties for the most dangerous
offenders and expanding options for community-based sanctions
for certain low-level, nonviolent offenders.

(d) In enacting this title, it is the intent of the Legislature to
enhance public safety, promote effective crime-reduction strategies,
base California’s sentencing practices on principles of fairness,
justice, and accountability, and ensure that public resources and
taxpayer dollars are expended in a way that most successfully
protects the public from crime and reduces criminal recidivism.

begin insert 14405. end insert   

(a) There is hereby established the California Public
Safety Commission, a permanent, advisory agency in state
government.

(b) The commission shall do all of the following:

(1) Provide information and develop recommendations for the
Legislature and the Governor to consider in 2015 and each year
thereafter, to assist with prison population management options
consistent with public safety, effective correctional practices, and
the effective allocation of public safety resources.

(2) Develop recommendations for the Legislature and the
Governor to consider in 2015 and thereafter, regarding criminal
sentences and evidence-based programming for criminal offenders.

(3) No later than December 31, 2014, develop recommendations
for the Legislature and the Governor to consider sentencing credits.

begin insert 14410. end insert   

(a) The commission shall be composed of 18 members,
with a chairperson appointed by the Governor, comprised as
follows:

(1) One member shall be a sheriff from a county with a
population of one million or more, appointed by the Governor.

(2) One member shall be a sheriff from a county with a
population of less than one million, appointed by the Governor.

(3) One member shall be a district attorney from a county with
a population of one million or more, appointed by the Governor.

(4) One member shall be a district attorney from a county with
a population of less than one million, appointed by the Governor.

(5) One member shall be a county chief probation officer from
a county with a population of one million or more, appointed by
the Governor.

(6) One member shall be a county chief probation officer from
a county with a population of less than one million, appointed by
the Governor.

(7) One member shall be a public defender, appointed by the
Governor.

(8) One member shall be a criminal defense attorney, appointed
by the Governor.

(9) One member shall be a police chief from a city with a
population of one million or more, appointed by the Governor.

(10) One member shall be a police chief from a city with a
population of less than one million, appointed by the Governor.

(11) One member shall be an expert on criminal sentencing and
criminal justice policy associated with a university or nationally
recognized public policy organization, appointed by the Governor.

(12) One member, who shall serve as a nonvoting member, shall
be a superior court judge from a county with a population of one
million or more, appointed by the Chief Justice of the California
Supreme Court.

(13) One member, who shall serve as a nonvoting member, shall
be a superior court judge from a county with a population of one
million or less, appointed by the Chief Justice of the California
Supreme Court.

(14) One member shall be an expert in criminal rehabilitation,
appointed by the Attorney General.

(15) One member shall be a representative of a prison inmate
advocacy organization, appointed by the Senate Committee on
Rules.

(16) One member shall be a private citizen, appointed by the
Speaker of the Assembly.

(17) One member shall be the chair of the Senate Committee
on Public Safety, to the extent that appointment is consistent with
his or her legislative duties.

(18) One member shall be the chair of the Assembly Committee
on Public Safety, to the extent that appointment is consistent with
his or her legislative duties.

(b) On July 1, 2015, the terms of the commission members
appointed pursuant to paragraphs (1), (3), (5), (7), (8), and (9) of
subdivision (a), shall expire. On July 1, 2016, the terms of the
commission members appointed pursuant to paragraphs (2), (4),
(6), (10). (11), and (12) of subdivision (a), shall expire. On July
1, 2017, the terms of the commission members appointed pursuant
to paragraphs (13), (14), (15), (16), (17), and (18) shall expire.
Successor members shall hold office for terms of three years, each
term to commence on the expiration date of the predecessor
incumbent. Any appointment to a vacancy that occurs for any
reason other than the expiration of the term shall be for the
remainder of the unexpired term. Members are eligible for
reappointment.

(c) The members of the commission shall serve without
compensation, but shall be reimbursed for all necessary expenses
incurred in the performance of their duties.

begin insert 14415. end insert   

(a) Upon request from the commission, each agency
and department of state and local government shall make its
services, equipment, personnel, facilities, and information available
to the greatest practicable extent to the commission in the execution
of its functions. Information that is privileged under state or federal
law is exempted from this section.

(b) Notwithstanding any other law, any information obtained
by the commission pursuant to subdivision (a) is confidential, shall
not be subject to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), and shall be maintained in a manner that
meets the highest standards of privacy and shall not be disclosed
other than for the purpose for which it was acquired. In order to
promote the free exchange of information between the commission
and state and local agencies, including state and local law
enforcement, to enable the commission to effectively make its
recommendations, it is necessary that the information obtained by
the commission pursuant to subdivision (a) be confidential.

(c) The commission has the authority to enter partnerships or
joint agreements with organizations and agencies from California
and other jurisdictions, including academic departments, private
associations, and other sentencing commissions, to perform
research needed to carry out its duties.

begin insert 14420. end insert   

(a) The Governor shall appoint an executive director
of the commission who shall be exempt from civil service.

(b) The administrative duties of the commission shall be
conducted by commission staff physically sited in the
Administrative Office of the Courts. All the commission’s decisions,
analyses, recommendations, and other duties shall be independent
of the Administrative Office of the Courts and shall not be
represented by the commission as those of the Administrative Office
of the Courts.

(c) For the purposes of expenditures for the support of the
commission, including the expenses of the members of the
commission, the commission is deemed to be within the judicial
branch of state government, but the commission is not subject to
the control or direction of any officer or employee of the judicial
branch except in connection with the appropriation of funds
approved by the Legislature.

(d) The commission is a criminal justice agency within the
meaning of Section 13101.

(e) The commission’s proceedings are subject to the open
meeting requirements of the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part
1 of Division 3 of Title 2 of the Government Code).

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

(a) There is hereby appropriated from the General
Fund the amount of one hundred eighty million dollars
($180,000,000) to the Department of Finance. The Department of
Finance shall allocate these funds to counties to support
evidence-based programs and practices that are likely to reduce
the number of offenders admitted to state prison, including, but
not limited to, mental health, substance abuse, and reentry
programs. The Department of Finance shall report its allocation
to the Joint Legislative Budget Committee. No later than September
30, 2013, the Department of Finance shall inform each county
board of supervisors of its presumptive grant amount. Each
county’s presumptive grant amount shall be based on its population
of adults 18 to 25 years of age, inclusive. Each county board of
supervisors shall submit a proposal to the Department of Finance
no later than January 1, 2014, outlining how the county will employ
the county’s presumptive grant to reduce the number of offenders
admitted to state prison. Each proposal shall allocate no less than
40 percent of the presumptive grant amount to the county’s
probation department. Funding shall only be used for programs
that are likely to reduce the number of offenders sent to state
prison. The Department of Finance, in consultation with the Board
of State and Community Corrections, shall review each plan.
Counties that fail to submit a plan, whose plans do not allocate
40 percent of their presumptive grant amount to the probation
department, or counties whose plan is unlikely to reduce the
number of admissions to state prison will be ineligible for funding.
The Department of Finance shall seek to distribute these funds
proportionately to all eligible counties based on each county’s
population of adults 18 to 25 years of age, inclusive, provided that
each county receiving funding shall receive a minimum of
twenty-five thousand dollars ($25,000). The funds allocated to
each county shall be used only as described in the plan submitted
to the Department of Finance. No later than May 1, 2014, the
Department of Finance shall report to the Governor and the
Legislature on the allocation of these funds.

end insert begin insert

(b) There is hereby appropriated from the General Fund the
amount of twenty million dollars ($20,000,000) to the Judicial
Council. No later than January 1, 2014, the Judicial Council shall
allocate these funds to superior courts to support the
administration and operation of court programs and practices
known to reduce offender recidivism, including, but not limited to,
collaborative courts, the use of risk and needs assessments at
sentencing, evidence-based practices, and programs that
specifically address the needs of mentally ill and drug addicted
offenders. Funds allocated pursuant to this section shall not
supplant existing funds for collaborative courts. Funds allocated
pursuant to this section may be used by the superior courts to pay
for court operations, case management, supervision, treatment,
testing, incarceration, data collection, reporting, or other costs
associated with the operation of collaborative courts, and may be
used to reimburse other agencies that incur costs associated with
the operation of collaborative courts. The Judicial Council shall
report to the Legislature and the Department of Finance on its
allocation of these funds to the superior courts no later than
January 15, 2014.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

The amount of one million dollars ($1,000,000) is
hereby appropriated from the General Fund to the California
Public Safety Commission for the establishment and funding of
the commission.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

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.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2013.

end delete