BILL NUMBER: AB 84	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2013

INTRODUCED BY   Committee on Budget (  Blumenfield 
 Skinner  (Chair), Bloom,  Bonilla  
Campos , Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer,
Mitchell, Mullin, Muratsuchi, Nazarian,  Rendon, 
Stone, and Ting))

                        JANUARY 10, 2013

   An act  relating to the Budget Act of 2013.  
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. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 84, as amended, Committee on Budget.  Budget Act of
2013.   Public safety: Public safety performance
incentives.  
   (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.  
   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.  
   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.  

   (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.  
   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.  
   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.  
   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.  
   (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.  
   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.  
   (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.  
   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.
 
   (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.  
   (6) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (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.  
   (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.  
   (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.  
   (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.
 
   (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.  
   (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.  
   (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.  
   (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.  
   (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. 
   SEC. 2.    Chapter 4 (commencing with Section 1234)
is added to Title 8 of Part 2 of the   Penal Code  
, to read:  
      CHAPTER 4.  CALIFORNIA PUBLIC SAFETY PERFORMANCE INCENTIVES


   1234.  (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.
   1234.1.  (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.
   1234.2.  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).
   1234.3.  (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).
   1234.4.  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.
   1234.5.  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.
   1234.6.  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.
   1234.7.  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.
   1234.8.  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.
   1234.9.  (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.
   1234.10.  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.
   1234.11.  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.
   1234.12.  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.

   SEC. 3.    Title 14 (commencing with Section 14400)
is added to Part 4 of the   Penal Code   , to read:
 

      TITLE 14.  California Public Safety Commission


   14400.  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.
   14405.  (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.
   14410.  (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.
   14415.  (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.
   14420.  (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). 
   SEC. 4.    (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.  
   (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.

   SEC. 5.    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. 
   SEC. 6.    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. 
   SEC. 7.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.