Amended in Senate September 12, 2013

Amended in Senate September 3, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 84

Introduced by begin delete Committee on Budget (Skinner (Chair), Bloom, Campos, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, Stone, and Ting) end delete begin insert Assembly Members John A. Pérez and Conway end insert

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(Principal coauthors: Senators Steinberg and Huff)

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(Coauthors: Senators Emmerson and Knight)

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January 10, 2013

begin delete An act 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 delete begin insert An act to amend, repeal, and add Sections 19050.2 and 19050.8 of the Government Code, to amend, repeal, and add Sections 1233.1, 1233.3, 1233.4, 2910, 11191, and 13602 of, to add Section 1233.9 to, and to add and repeal Sections 2915 and 6250.2 of, the Penal Code, and to amend Section 15 of Chapter 42 of the Statutes of 2012, 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, begin delete Committee on Budget end delete   begin insert John A. Pérez end insert . begin delete Public safety: Public safety performance incentives. end delete begin insert Corrections. end insert

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(1) Existing law requires the Department of Corrections and Rehabilitation to close the California Rehabilitation Center located in Norco, California, no later than either December 31, 2016, or 6 months after the construction of three Level II dorm facilities.

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This bill would suspend this requirement pending a review by the Department of Finance and the Department of Corrections and Rehabilitation that determines the facility can be closed.

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(2) The California Constitution establishes the civil service, to include every officer and employee of the state, except as provided, and requires permanent appointment and promotion in the civil service to be made under a general system based on merit ascertained by competitive examination.

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Existing law requires the appointing power in all cases not exempted by the California Constitution to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with specified provisions of law, and requires that appointments to vacant positions be made from employment lists.

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Existing law, subject to the approval of the State Personnel Board, allows an appointing agency to enter into arrangements with personnel agencies in other jurisdictions for the purpose of exchanging services and effecting transfers of employees.

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This bill would, until January 1, 2017, make the private California City Correctional Center in California City an agency or jurisdiction for the purpose of exchanging services pursuant to the above provision and all related rules.

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(3) Existing law allows the State Personnel Board to prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies not to exceed 2 years, or between jurisdictions not to exceed 4 years, for specified purposes.

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This bill would, until January 1, 2017, make the private California City Correctional Center in California City an agency or jurisdiction for the purpose of the above provision and all related rules for a period not to exceed 2 years.

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(4) Existing law allows the Secretary of the Department of Corrections and Rehabilitation to enter into an agreement with a city, county, or city and county, to permit transfer of prisoners in the custody of the secretary to a jail or other adult correctional facility. Under existing law, prisoners transferred to a local facility remain under the legal custody of the department. Existing law prohibits any agreement pursuant to these provisions unless the cost per inmate in the facility is no greater than the average costs of keeping an inmate in a comparable facility of the department.

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This bill would, until January 1, 2017, for purposes of entering into agreements pursuant to the above provisions, waive any process, regulation, or requirement relating to entering into those agreements. The bill would, until January 1, 2017, delete the provision requiring that prisoners transferred to a local facility remain under the legal custody of the department and would delete the requirement that no agreement be entered into unless the cost per inmate in the facility is no greater than the average costs of keeping an inmate in a comparable facility of the department. The bill would, until January 1, 2017, allow a transfer of prisoners to include inmates who have been sentenced to the department but remain housed in a county jail, and would specify that these prisoners shall be under the sole legal custody and jurisdiction of the sheriff or other official having jurisdiction over the facility and not under the legal custody and jurisdiction of the department.

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The bill would also, until January 1, 2017, allow the secretary to enter into one or more agreements in the form of a lease or operating agreement with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. The bill would, until January 1, 2017, waive any process, regulation, or requirement that relates to the procurement or implementation of those agreements, except as specified. The bill would make the provisions of the California Environmental Quality Act inapplicable to these provisions.

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(5) Existing law allows the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional centers.

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This bill would, until January 1, 2017, allow the secretary to enter into agreements for the transfer of prisoners to community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers. The bill would, until January 1, 2017, waive any process, regulation, or requirement that relates to entering into those agreements.

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(6) Existing law allows any court or other agency or officer of this state having power to commit or transfer an inmate to any institution for confinement to commit or transfer that inmate to any institution outside this state if this state has entered into a contract or contracts for the confinement of inmates in that institution and the inmate, if he or she was sentenced under California law, has executed written consent to the transfer.

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This bill would, until January 1, 2017, allow the secretary to transfer an inmate to a facility in another state without the consent of the inmate.

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(7) Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation and requires the CPOST to develop, approve, and monitor standards for the selection and training of state correctional peace officers. Existing law allows for the use of training academies and centers, as specified.

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This bill would, until January 1, 2017, allow the department to use a training academy established for the private California City Correctional Center.

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(8) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities, as specified. As part of the California Community Corrections Performance Incentives Act of 2009, existing law requires the Director of Finance to make certain calculations, including the cost to the state to incarcerate in prison and supervise on parole an offender who fails local supervision and is sent to prison. Existing law requires the Director of Finance to calculate a probation failure reduction incentive payment based on the estimated number of probationers successfully prevented from being incarcerated, multiplied by a specified percentage of the cost to the state to incarcerate in prison and supervise on parole a probationer who was sent to prison. Existing law requires the Department of Finance to calculate 5% of the total statewide estimated number of probationers successfully prevented from being incarcerated for counties that successfully reduce the number of adult felony probationers incarcerated multiplied by the costs to the state to incarcerate in prison and supervise on parole a probationer who was sent to prison to be used to provide high performance grants to county probation departments.

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This bill would, beginning July 1, 2014, remove the requirement that the Director of Finance calculate the cost to the state to incarcerate in prison and supervise on parole an offender who fails local supervision and is sent to prison, and would instead require the Director of Finance to calculate the cost to the state to incarcerate in a contract facility and supervise on parole an offender who fails local supervision and is sent to prison. The bill would require the probation failure reduction incentive payment to be based on the estimated number of probationers successfully prevented from being incarcerated multiplied by a percentage of the state’s cost of housing an inmate in a contract facility, and to supervise on parole a probationer who was sent to prison. The bill would require the Department of Finance to calculate high performance grants to county probation departments as 5% of the total statewide estimated number of probationers successfully prevented from being incarcerated multiplied by the state’s cost of housing an inmate in a contract facility, and to supervise on parole a probationer who was sent to prison.

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The bill would create the Recidivism Reduction Fund in the State Treasury to be available upon appropriation by the Legislature for activities designed to reduce the state’s prison population, and would allow funds available in the Recidivism Reduction Fund to be transferred to the State Community Corrections Performance Incentives Fund.

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(9) The bill would appropriate $315,000,000 from the General Fund to the Department of Corrections and Rehabilitation for the purposes of this measure. The bill would require the department to spend the funds only to the extent needed to avoid early release. The bill would require any amounts not encumbered by June 30, 2014 to be transferred to the Recidivism Reduction Fund, except as provided. The bill would require the Secretary of the Department of Corrections and Rehabilitation to report no later than April 1, 2014, and again on April 1, 2015, to the Director of Finance and specified legislative committees detailing the number of inmates housed in leased beds and in contracted beds both inside and outside of the state pursuant to this measure.

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The bill would require the administration to assess the state prison system, including capacity needs, prison population levels, recidivism rates, and factors effecting crime levels, and to develop recommendations on balanced solutions that are cost effective and protect public safety. The bill would require the Department of Finance to submit the administration’s interim report to the Legislature not later than April 1, 2014, and to submit the final report to the Legislature not later than January 10, 2015.

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

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(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.

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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.

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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.

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(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.

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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.

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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.

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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.

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(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.

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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.

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(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.

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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.

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(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.

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

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

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

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begin insert SECTION 1. end insert   

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The additional prison capacity and change to
reduce prison population authorized by this act are immediate
measures to avoid early release of inmates and allow the state to
comply with the federal court order. This act will also provide
time to develop additional thoughtful, balanced, and effective
long-term solutions with input from the state’s local government
and justice partners who are still adjusting to the recent criminal
justice reforms of realignment. The long-term changes will build
upon the transition of lower level offenders to local jurisdiction,
the construction of new prison health care facilities, and
improvements to existing health care facilities throughout the
prison system. The administration shall begin immediately, in
consultation with stakeholders, including appropriate legislative
committees, to assess the state prison system, including capacity
needs, prison population levels, recidivism rates, and factors
affecting crime levels, and to develop recommendations on
balanced solutions that are cost effective and protect public safety.
Not later than April 1, 2014, the Department of Finance shall
submit the administration’s interim report to the Legislature, and,
not later than January 10, 2015, the Department of Finance shall
submit the administration’s final report to the Legislature. It is
the intent of the Legislature to consider the reports along with the
Legislature’s independent findings during the annual budget
process.

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begin insert SEC. 2. end insert   

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begin insert Section 19050.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

19050.2.  

begin insert (a) end insert begin insert   end insert Subject to the approval of the board, the
appointing authority may enter into arrangements with personnel
agencies in other jurisdictions for the purpose of exchanging
services and effecting transfers of employees.

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(b) For purposes of this section, and all related rules, the
California City Correctional Center in California City is an agency
or jurisdiction for the duration of the two-year period described
in Section 19050.8.

end insert begin insert

(c) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

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begin insert SEC. 3. end insert   

end insert

begin insert Section 19050.2 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

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begin insert 19050.2. end insert   

(a) Subject to the approval of the board, the
appointing authority may enter into arrangements with personnel
agencies in other jurisdictions for the purpose of exchanging
services and effecting transfers of employees.

(b) This section shall become operative on January 1, 2017.

end insert

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begin insert SEC. 4. end insert   

end insert

begin insert Section 19050.8 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

19050.8.  

The board may prescribe rules governing the
temporary assignment or loan of employees within an agency or
between agencies for begin insert a period end insert not to exceed two years or between
jurisdictions for begin insert a period end insert not to exceed four years for any of the
following purposes:

(a) To provide training to employees.

(b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.

(c) To facilitate the return of injured employees to work.

These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee
participating in that arrangement shall have the absolute right to
return to his or her former position. Any temporary assignment or
loan of an employee made for the purpose specified in subdivision
(b) shall be made only with the voluntary consent of the employee.

In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum
requirements for promotional as well as open examinations, only
if it was obtained by the employee in good faith and was properly
verified under standards prescribed by board rule.

For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended
for up to two additional years upon a finding by the Superintendent
of Public Instruction or the Chancellor of the California
Community Colleges, and with the approval of the Executive
Officer of the State Personnel Board, that the extension is necessary
in order to substantially complete work on an educational
improvement project. However, the temporary assignment of any
local educator who is performing the duties of a nonrepresented
classification while on loan to a state begin delete education end delete begin insert educational end insert agency
may be extended for as many successive two year intervals as
necessary by the Superintendent of Public Instruction or the
Chancellor of the California Community Colleges with the
concurrence of the begin delete education end delete begin insert educational end insert agency or jurisdiction.
Public and private colleges and universities shall be considered
educational agencies or jurisdictions within the meaning of this
section.

A temporary assignment within an agency or between agencies
may be extended by the board for up to two additional years in
order for an employee to complete an apprenticeship program.

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(d) For the duration of a temporary assignment or loan not to
exceed two years, for the purposes of this section and all related
rules, the California City Correctional Center in California City,
which provides services equivalent to the core governmental
function of incarcerating inmates, shall be considered an agency
or jurisdiction.

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(e) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

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begin insert SEC. 5. end insert   

end insert

begin insert Section 19050.8 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 19050.8. end insert   

The board may prescribe rules governing the
temporary assignment or loan of employees within an agency or
between agencies for a period not to exceed two years or between
jurisdictions for a period not to exceed four years for any of the
following purposes:

(a) To provide training to employees.

(b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.

(c) To facilitate the return of injured employees to work.

These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee
participating in that arrangement shall have the absolute right to
return to his or her former position. Any temporary assignment
or loan of an employee made for the purpose specified in
subdivision (b) shall be made only with the voluntary consent of
the employee.

In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum
requirements for promotional as well as open examinations, only
if it was obtained by the employee in good faith and was properly
verified under standards prescribed by board rule.

For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended
for up to two additional years upon a finding by the Superintendent
of Public Instruction or the Chancellor of the California
Community Colleges, and with the approval of the Executive
Officer of the State Personnel Board, that the extension is
necessary in order to substantially complete work on an
educational improvement project. However, the temporary
assignment of any local educator who is performing the duties of
a nonrepresented classification while on loan to a state educational
agency may be extended for as many successive two year intervals
as necessary by the Superintendent of Public Instruction or the
Chancellor of the California Community Colleges with the
concurrence of the educational agency or jurisdiction. Public and
private colleges and universities shall be considered educational
agencies or jurisdictions within the meaning of this section.

A temporary assignment within an agency or between agencies
may be extended by the board for up to two additional years in
order for an employee to complete an apprenticeship program.

(d) This section shall become operative on January 1, 2017.

end insert

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begin insert SEC. 6. end insert   

end insert

begin insert Section 1233.1 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1233.1.  

After the conclusion of each calendar year following
the enactment of this section, the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation
Officers of California, and the Administrative Office of the Courts,
shall calculate the following for that calendar year:

(a) The cost to the state to incarcerate in prison and supervise
on parole an offender who fails local supervision and is sent to
prison. This calculation shall take into consideration factors,
including, but not limited to, the average length of stay in prison
and on parole for offenders subject to local supervision, as well
as the associated parole revocation rates, and revocation costs.

(b) (1) The statewide probation failure rate. The statewide
probation failure rate shall be calculated as the total number of
adult felony probationers statewide sent to prison in the previous
year as a percentage of the average statewide adult felony probation
population for that year.

(2) The statewide probation failure rate for the 2012 calendar
year shall be calculated as the total number of adult felony
probationers statewide sent to prison, or to jail pursuant to
paragraph (5) of subdivision (h) of Section 1170, as a percentage
of the average statewide adult felony probation population for that
year.

(c) (1) A probation failure rate for each county. Each county’s
probation failure rate shall be calculated as the number of adult
felony probationers sent to prison from that county in the previous
year as a percentage of the county’s average adult felony probation
population for that year.

(2) The probation failure rate for each county for the 2012
calendar year shall be calculated as the total number of adult felony
probationers sent to prison, or to jail pursuant to paragraph (5) of
subdivision (h) of Section 1170, from that county as a percentage
of the county’s average adult felony probation population for that
year.

(d) An estimate of the number of adult felony probationers each
county successfully prevented from being incarcerated. For each
county, this estimate shall be calculated based on the reduction in
the county’s probation failure rate as calculated annually pursuant
to subdivision (c) of this section and the county’s baseline
probation failure rate as calculated pursuant to Section 1233. In
making this estimate, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall adjust
the calculations to account for changes in each county’s adult
felony probation caseload in the most recent completed calendar
year as compared to the county’s adult felony probation population
during the period 2006 to 2008, inclusive.

(e) (1) In calculating probation failure rates for the state and
individual counties, the number of adult felony probationers sent
to prison shall include those adult felony probationers sent to state
prison for a revocation of probation, as well as adult felony
probationers sent to state prison for a conviction of a new felony
offense. The calculation shall also include adult felony probationers
who are sent to prison for conviction of a new crime and who
simultaneously have their probation terms terminated.

(2) In calculating probation failure rates for the state and
individual counties for the 2012 calendar year, the number of adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, shall include those adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, for a revocation of
probation, as well as adult felony probationers sent to prison, or
to jail pursuant to paragraph (5) of subdivision (h) of Section 1170,
for a conviction of a new felony offense. The calculation shall also
include adult felony probationers who are sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, for
a conviction of a new crime and who simultaneously have their
probation terms terminated.

(f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall
be calculated as the total number of offenders supervised under
mandatory supervision statewide sent to prison in the previous
year as a percentage of the average statewide mandatory
supervision population for that year.

(g) A mandatory supervision failure to prison rate for each
county. Each county’s mandatory supervision failure to prison rate
shall be calculated as the number of offenders supervised under
mandatory supervision sent to prison from that county in the
previous year as a percentage of the county’s average mandatory
supervision population for that year.

(h) The statewide postrelease community supervision failure to
prison rate. The statewide postrelease community supervision
failure to prison rate shall be calculated as the total number of
offenders supervised under postrelease community supervision
statewide sent to prison in the previous year as a percentage of the
average statewide postrelease community supervision population
for that year.

(i) A postrelease community supervision failure to prison rate
for each county. Each county’s postrelease community supervision
failure to prison rate shall be calculated as the number of offenders
supervised under postrelease community supervision sent to prison
from that county in the previous year as a percentage of the
county’s average postrelease community supervision population
for that year.

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(j) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1233.1 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 1233.1. end insert   

After the conclusion of each calendar year, the Director
of Finance, in consultation with the Department of Corrections
and Rehabilitation, the Joint Legislative Budget Committee, the
Chief Probation Officers of California, and the Administrative
Office of the Courts, shall calculate the following for that calendar
year:

(a) The cost to the state to incarcerate in a contract facility and
supervise on parole an offender who fails local supervision and
is sent to prison. This calculation shall take into consideration
factors, including, but not limited to, the average length of stay in
prison for offenders subject to local supervision and the average
length of parole for offenders who failed local supervision and
were sent to prison.

(b) Beginning with the 2013 calendar year, the statewide
probation failure rate shall be calculated as the total number of
adult felony probationers statewide sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, as
a percentage of the average statewide adult felony probation
population for that year.

(c) Beginning with the 2013 calendar year, the probation failure
rate for each county shall be calculated as the total number of
adult felony probationers sent to prison, or to jail pursuant to
paragraph (5) of subdivision (h) of Section 1170, from that county,
as a percentage of the county’s average adult felony probation
population for that year.

(d) An estimate of the number of adult felony probationers each
county successfully prevented from being incarcerated. For each
county, this estimate shall be calculated based on the reduction
in the county’s probation failure rate as calculated annually
pursuant to subdivision (c) and the county’s baseline probation
failure rate as calculated pursuant to Section 1233. In making this
estimate, the Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, the Chief Probation Officers of California,
and the Administrative Office of the Courts, shall adjust the
calculations to account for changes in each county’s adult felony
probation caseload in the most recent completed calendar year
as compared to the county’s adult felony probation population
during the 2006 to 2008, inclusive, calendar period.

(e) Beginning with the 2013 calendar year, in calculating
probation failure rates for the state and individual counties, the
number of adult felony probationers sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, shall
include those adult felony probationers sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, for
a revocation of probation, as well as adult felony probationers
sent to prison, or to jail pursuant to paragraph (5) of subdivision
(h) of Section 1170, for a conviction of a new felony offense. The
calculation shall also include adult felony probationers who are
sent to prison, or to jail pursuant to paragraph (5) of subdivision
(h) of Section 1170, for a conviction of a new crime and who
simultaneously have their probation terms terminated.

(f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall
be calculated as the total number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph
(5) of subdivision (h) of Section 1170, statewide, sent to prison in
the previous calendar year as a percentage of the average
statewide mandatory supervision population for that year.

(g) A mandatory supervision failure to prison rate for each
county. Each county’s mandatory supervision failure to prison
rate shall be calculated as the number of offenders supervised
under mandatory supervision pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170 sent to prison
from that county in the previous calendar year as a percentage of
the county’s average mandatory supervision population for that
year.

(h) The statewide postrelease community supervision failure to
prison rate. The statewide postrelease community supervision
failure to prison rate shall be calculated as the total number of
offenders supervised under postrelease community supervision
pursuant to Title 2.05 (commencing with Section 3450) of Part 3,
statewide, sent to prison in the previous calendar year as a
percentage of the average statewide postrelease community
supervision population for that year.

(i) A postrelease community supervision failure to prison rate
for each county. Each county’s postrelease community supervision
failure to prison rate shall be calculated as the number of offenders
supervised under postrelease community supervision pursuant to
Title 2.05 (commencing with Section 3450) of Part 3 sent to prison
from that county in the previous calendar year as a percentage of
the county’s average postrelease community supervision population
for that year.

(j) This section shall become operative on July 1, 2014.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1233.3 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1233.3.  

Annually, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate a probation failure reduction incentive payment for each
eligible county, pursuant to Section 1233.2, for the most recently
completed calendar year, as follows:

(a) For a county identified as being in Tier 1, as defined in
subdivision (a) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 45 percent of the
costs to the state to incarcerate in prison and supervise on parole
a probationer who was sent to prison, as defined in subdivision (a)
of Section 1233.1.

(b) For a county identified as being in Tier 2, as defined in
subdivision (b) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 40 percent of the
costs to the state to incarcerate in prison and supervise on parole
a probationer who was sent to prison, as defined in subdivision (a)
of Section 1233.1.

(c) For a county identified as being in Tier 3, as defined in
subdivision (c) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 30 percent of the
costs to the state to incarcerate in prison and supervise on parole
a probationer who was sent to prison, as defined in subdivision (a)
of Section 1233.1.

(d) A county that fails to provide information specified in
Section 1231 to the Administrative Office of the Courts shall not
be eligible for a probation failure reduction incentive payment.

begin insert

(e) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 1233.3 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 1233.3. end insert   

Annually, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate a probation failure reduction incentive payment for each
eligible county, pursuant to Section 1233.2, for the most recently
completed calendar year, as follows:

(a) For a county identified as being in Tier 1, as defined in
subdivision (a) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 45 percent of the
state’s cost of housing an inmate in a contract facility, and to
supervise on parole a probationer who was sent to prison, as
defined in subdivision (a) of Section 1233.1.

(b) For a county identified as being in Tier 2, as defined in
subdivision (b) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 40 percent of the
state’s cost of housing an inmate in a contract facility, and to
supervise on parole a probationer who was sent to prison, as
defined in subdivision (a) of Section 1233.1.

(c) For a county identified as being in Tier 3, as defined in
subdivision (c) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 30 percent of the
state’s cost of housing an inmate in a contract facility, and to
supervise on parole a probationer who was sent to prison, as
defined in subdivision (a) of Section 1233.1.

(d) A county that fails to provide information specified in Section
1231 to the Administrative Office of the Courts is not eligible for
a probation failure reduction incentive payment.

(e) This section shall become operative on July 1, 2014.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 1233.4 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1233.4.  

(a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers
to have access to performance-based funding as provided for in
this section.

(b) On an annual basis, the Department of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation
Officers of California, and the Administrative Office of the Courts,
shall calculate 5 percent of the total statewide estimated number
of probationers successfully prevented from being incarcerated
for counties that successfully reduce the number of adult felony
probationers incarcerated multiplied by the costs to the state to
incarcerate in prison and supervise on parole a probationer who
was sent to prison, as defined in subdivision (a) of Section 1233.1.

(c) The amount estimated pursuant to subdivision (b) shall be
used to provide high performance grants to county probation
departments for the purpose of bolstering evidence-based probation
practices designed to reduce recidivism among adult felony
probationers.

(d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most
recently completed calendar year.

(e) A county probation department that qualifies for a probation
failure reduction incentive payment, as provided in Section 1233.3,
and a high performance grant payment in the same year shall
choose to receive either the probation failure incentive payment
or the high performance grant payment. The CPO of a county that
qualifies for both a high performance grant and a probation failure
reduction incentive payment shall indicate to the Administrative
Office of the Courts, by a date designated by the Administrative
Office of the Courts, whether the CPO chooses to receive the high
performance grant or probation failure reduction payment.

(f) The grants 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 all qualifying
probation departments that submit qualifying applications receive
a proportionate share of the grant funding available based on the
population of adults ages 18 to 25, inclusive, in each of the counties
qualifying for the grants.

(g) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts shall not
be eligible for a high performance grant payment.

begin insert

(h) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 1233.4 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 1233.4. end insert   

(a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers
to have access to performance-based funding as provided for in
this section.

(b) On an annual basis, the Department of Finance, in
consultation with the Department of Corrections and
Rehabilitation, the Joint Legislative Budget Committee, the Chief
Probation Officers of California, and the Administrative Office of
the Courts, shall calculate 5 percent of the total statewide estimated
number of probationers successfully prevented from being
incarcerated for counties that successfully reduce the number of
adult felony probationers incarcerated multiplied by the state’s
cost of housing an inmate in a contract facility, and to supervise
on parole a probationer who was sent to prison, as defined in
subdivision (a) of Section 1233.1.

(c) The amount estimated pursuant to subdivision (b) shall be
used to provide high performance grants to county probation
departments for the purpose of bolstering evidence-based probation
practices designed to reduce recidivism among adult felony
probationers.

(d) County probation departments eligible for these high
performance grants shall be those with adult probation failure
rates more than 50 percent below the statewide average in the
most recently completed calendar year.

(e) A county probation department that qualifies for a probation
failure reduction incentive payment, as provided in Section 1233.3,
and a high performance grant payment in the same year shall
choose to receive either the probation failure incentive payment
or the high performance grant payment. The Chief Probation
Officer of a county that qualifies for both a high performance grant
and a probation failure reduction incentive payment shall indicate
to the Administrative Office of the Courts, by a date designated
by the Administrative Office of the Courts, whether the Chief
Probation Officer chooses to receive the high performance grant
or probation failure reduction payment.

(f) The grants 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 all qualifying
probation departments that submit qualifying applications receive
a proportionate share of the grant funding available based on the
population of adults 18 to 25 years of age, inclusive, in each of
the counties qualifying for the grants.

(g) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts is not
eligible for a high performance grant payment.

(h) This section shall become operative on July 1, 2014.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 1233.9 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 1233.9. end insert   

There is hereby created in the State Treasury the
Recidivism Reduction Fund for moneys to be available upon
appropriation by the Legislature, for activities designed to reduce
the state’s prison population, including, but not limited to, reducing
recidivism. Funds available in the Recidivism Reduction Fund
may be transferred to the State Community Corrections
Performance Incentives Fund.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 2910 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2910.  

(a) The begin delete Director end delete begin insert Secretary end insert of begin insert the Department of end insert
Corrections begin insert and Rehabilitation end insert may enter into an agreement with
a city, county, or city and begin delete county, end delete begin insert county end insert to permit transfer of
prisoners in the custody of the begin delete Director of Corrections end delete begin insert secretary end insert
to a jail or other adult correctional facility of the city, county, or
city and county, if the sheriff or corresponding official having
jurisdiction over the facility has consented thereto. The agreement
shall provide for contributions to the city, county, or city and
county toward payment of costs incurred with reference to such
transferred prisoners.

begin insert

(b) For purposes of this section, a transfer of prisoners under
subdivision (a) may include inmates who have been sentenced to
the department but remain housed in a county jail. These prisoners
shall be under the sole legal custody and jurisdiction of the sheriff
or corresponding official having jurisdiction over the facility and
shall not be under the legal custody or jurisdiction of the
Department of Corrections and Rehabilitation.

end insert begin insert

(c) Notwithstanding any other law, for purposes of entering into
agreements under subdivision (a), any process, regulation,
requirement, including any state governmental reviews or
approvals, or third-party approval that is required under, or
implemented pursuant to, any statute that relates to entering into
those agreements is hereby waived.

end insert begin delete

(b)

end delete

begin insert (d) end insert  When an agreement entered into pursuant to subdivision (a)
begin insert or (c) end insert is in effect with respect to a particular local facility, the
begin delete Director of Corrections end delete begin insert secretary end insert may transfer prisoners whose
terms of imprisonment have been fixed and parole violators to the
facility.

begin delete

(c)

end delete

begin insert (e) end insert  Prisoners so transferred to a local facility may, with begin delete approval
of end delete begin insert notice to end insert the begin delete Director of Corrections, end delete begin insert secretary, end insert participate in
programs of the facility, begin delete including end delete begin insert including, but not limited to, end insert
work furlough rehabilitation programs.

begin delete end delete begin delete

(d) Prisoners transferred to such facilities are subject to the rules
and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections
and shall be subject at any time, pursuant to the rules and
regulations of the Director of Corrections, to be detained in the
county jail upon the exercise of a state parole or correctional
officer’s peace officer powers as specified in Section 830.5, with
the consent of the sheriff or corresponding official having
jurisdiction over the facility.

end delete begin delete end delete begin delete

(e)

end delete

begin insert (f) end insert  The begin delete Director of Corrections, end delete begin insert secretary, end insert to the extent possible,
shall select city, county, or city and county facilities in areas where
medical, food, and other support services are available from nearby
existing prison facilities.

begin delete

(f)

end delete

begin insert (g) end insert  The begin delete Director of Corrections, end delete begin insert secretary, end insert with the approval
of the Department of General Services, may enter into an agreement
to lease state property for a period not in excess of 20 years to be
used as the site for a facility operated by a city, county, or city and
county authorized by this section.

begin delete

(g)  No agreement may be entered into under this section unless
the cost per inmate in the facility is no greater than the average
costs of keeping an inmate in a comparable facility of the
department, as determined by the director.

end delete begin insert

(h) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 2910 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 2910. end insert   

(a) The Secretary of the Department of Corrections and
Rehabilitation may enter into an agreement with a city, county, or
city and county to permit transfer of prisoners in the custody of
the secretary to a jail or other adult correctional facility of the
city, county, or city and county, if the sheriff or corresponding
official having jurisdiction over the facility has consented thereto.
The agreement shall provide for contributions to the city, county,
or city and county toward payment of costs incurred with reference
to such transferred prisoners.

(b) When an agreement entered into pursuant to subdivision
(a) is in effect with respect to a particular local facility, the
secretary may transfer prisoners whose terms of imprisonment
have been fixed and parole violators to the facility.

(c) Prisoners so transferred to a local facility may, with
approval of the secretary, participate in programs of the facility,
including, but not limited to, work furlough rehabilitation
programs.

(d) Prisoners transferred to such facilities are subject to the
rules and regulations of the facility in which they are confined,
but remain under the legal custody of the Department of
Corrections and Rehabilitation and shall be subject at any time,
pursuant to the rules and regulations of the secretary, to be
detained in the county jail upon the exercise of a state parole or
correctional officer’s peace officer powers, as specified in Section
830.5, with the consent of the sheriff or corresponding official
having jurisdiction over the facility.

(e) The secretary, to the extent possible, shall select city, county,
or city and county facilities in areas where medical, food, and
other support services are available from nearby existing prison
facilities.

(f) The secretary, with the approval of the Department of
General Services, may enter into an agreement to lease state
property for a period not in excess of 20 years to be used as the
site for a facility operated by a city, county, or city and county
authorized by this section.

(g) An agreement shall not be entered into under this section
unless the cost per inmate in the facility is no greater than the
average costs of keeping an inmate in a comparable facility of the
department, as determined by the secretary.

(h) This section shall become operative on January 1, 2017.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 2915 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 2915. end insert   

(a) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain
secure housing capacity within the state. These agreements may
be entered into with private entities and may be in the form of a
lease or an operating agreement. The secretary may procure and
enter these agreements on terms and conditions he or she deems
necessary and appropriate. Notwithstanding any other law, any
process, regulation, requirement, including any state governmental
reviews or approvals, or third-party approval that is required
under statutes that relate to the procurement and implementation
of those agreements is hereby waived, however, no agreement
shall contain terms, either directly or indirectly, that involve the
repayment of any debt issuance or other financing and, consistent
with state law, shall provide that payment of that agreement is
subject to appropriation.

(b) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain
secure housing capacity in another state. These agreements may
be entered into with private entities and may be in the form of an
operating agreement or other contract. The secretary may procure
and enter these agreements on terms and conditions he or she
deems necessary and appropriate. Notwithstanding any other law,
any process, regulation, requirement, including any state
governmental reviews or approvals, or third-party approval that
is required under statutes that relate to the procurement and
implementation of those agreements is hereby waived, however,
no agreement shall contain terms, either directly or indirectly,
that involve the repayment of any debt issuance or other financing
and, consistent with state law, shall provide that payment of that
agreement is subject to appropriation. This subdivision does not
authorize the department to operate a facility out of state.

(c) The provisions of Division 13 (commencing with Section
21000) of the Public Resources Code do not apply to this section.

(d) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 6250.2 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 6250.2. end insert   

(a) The Secretary of the Department of Corrections
and Rehabilitation may enter into agreements for the transfer of
prisoners to, or placement of prisoners in, community correctional
centers. The secretary may enter into contracts to provide housing,
sustenance, and supervision for inmates placed in community
correctional centers.

(b) Notwithstanding any other law, for the purposes of entering
into agreements under subdivision (a), any process, regulation,
requirement, including any state government reviews or approvals,
or third-party approval that is required under, or implemented
pursuant to, any statute that relates to entering into those
agreements is hereby waived.

(c) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 11191 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

11191.  

(a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or contracts
for the confinement of inmates in that institution pursuant to Article
III of the Interstate Corrections Compact or of the Western
Interstate Corrections begin delete Compact, but no inmate end delete begin insert Compact. end insert

begin insert (b) end insert begin insert   end insert begin insert An inmate end insert sentenced under California law begin delete may end delete begin insert shall not end insert be
committed or transferred to an institution outside of this state,
unless he or she has executed a written consent to the transfer. The
inmate shall have the right to a private consultation with an attorney
of his begin insert or her end insert choice, or with a public defender if the inmate cannot
afford counsel, concerning his begin insert or her end insert rights and obligations under
this section, and shall be informed of those rights prior to executing
the written consent. At any time more than five years after the
transfer, the inmate shall be entitled to revoke his begin insert or her end insert consent
and to transfer to an institution in this state. In such cases, the
transfer shall occur within the next 30 days.

begin delete

(b) This section shall become operative on July 1, 2011, or at
such time as the Department of Corrections and Rehabilitation has
replaced “temporary beds,” as defined in paragraph (3) of
subdivision (a) of Section 15819.34 of the Government Code,
whichever is sooner.

end delete begin insert

(c) Notwithstanding the requirements in this section or Section
11194, the secretary may transfer an inmate to a facility in another
state without the consent of the inmate.

end insert begin insert

(d) Inmates who volunteer by submitting a request to transfer
and are otherwise eligible shall receive first priority under this
section.

end insert begin insert

(e) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 11191 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 11191. end insert   

(a) Any court or other agency or officer of this state
having power to commit or transfer an inmate, as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact, to any institution for confinement
may commit or transfer that inmate to any institution within or
outside of this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact.

(b) No inmate sentenced under California law may be committed
or transferred to an institution outside of this state, unless he or
she has executed a written consent to the transfer. The inmate shall
have the right to a private consultation with an attorney of his
choice, or with a public defender if the inmate cannot afford
counsel, concerning his rights and obligations under this section,
and shall be informed of those rights prior to executing the written
consent. At any time more than five years after the transfer, the
inmate shall be entitled to revoke his consent and to transfer to an
institution in this state. In such cases, the transfer shall occur
within the next 30 days.

(c) This section shall become operative on January 1, 2017.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 13602 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13602.  

(a) The Department of Corrections and Rehabilitation
may use the training academy at Galt or the training center in
Stockton. The academy at Galt shall be known as the Richard A.
McGee Academy. The training divisions, in using the funds, shall
endeavor to minimize costs of administration so that a maximum
amount of the funds will be used for providing training and support
to correctional peace officers while being trained by the
department.

begin insert

(b) Notwithstanding subdivision (a), and pursuant to Section
13602.1, the Department of Corrections and Rehabilitation may
use a training academy established for the California City
Correctional Center. This academy, in using the funds, shall
endeavor to minimize costs of administration so that a maximum
amount of the funds will be used for providing training and support
to correctional employees who are being trained by the department.

end insert begin delete

(b)

end delete

begin insert (c) end insert  Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST
for that position.

begin delete

(c)

end delete

begin insert (d) end insert  The Department of Corrections and Rehabilitation shall
make every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.

begin delete

(d) This section shall become operative July 1, 2012.

end delete begin insert

(e) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 13602 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 13602. end insert   

(a) The Department of Corrections and Rehabilitation
may use the training academy at Galt or the training center in
Stockton. The academy at Galt shall be known as the Richard A.
McGee Academy. The training divisions, in using the funds, shall
endeavor to minimize costs of administration so that a maximum
amount of the funds will be used for providing training and support
to correctional peace officers while being trained by the
department.

(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST,
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST
for that position.

(c) The Department of Corrections and Rehabilitation shall
make every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.

(d) This section shall become operative January 1, 2017.

end insert

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 15 of Chapter 42 of the Statutes of 2012 is
amended to read: end insert

Sec. 15.  

begin insert (a) end insert begin insert   end insert The Department of Corrections and Rehabilitation
shall remove all inmates from, cease operations of, and close the
California Rehabilitation Center located in Norco, California, no
later than either December 31, 2016, or six months after
construction of the three Level II dorm facilities authorized in
Section 14 of this act, whichever is earlier.

begin insert

(b) This requirement is hereby suspended pending a review by
the Department of Finance and the Department of Corrections
and Rehabilitation that determines the facility can be closed.
Closure of the facility shall not occur sooner than 30 days after
notification in writing to the Chair of the Joint Legislative Budget
Committee.

end insert

begin insert

begin insert SEC. 22. end insert   

end insert begin insert

(a) There is hereby appropriated from the General
Fund the amount of three hundred fifteen million dollars
($315,000,000) to the Department of Corrections and
Rehabilitation for purposes of implementing this act. The amount
appropriated is based on federal court orders in the Three Judge
Court proceedings (2:90-cv-00520 LKK JFM P, C01-1351 THE)
requiring that the department achieve a population of 137.5 percent
of design capacity no later than December 31, 2013. If the
department no longer needs to meet this percentage or is not
required to meet this percentage within the 2013-14 fiscal year,
then the department shall reduce its use of this appropriation
accordingly. The department shall spend these funds on immediate
capacity to meet the federal court orders issued in the Three Judge
Court proceedings (2:90-cv-00520 LKK JFM P, C01-1351 THE)
only to the extent needed to avoid early release. Except as provided
by subdivision (c), any amounts which are not encumbered by June
30, 2014, are to be transferred to the Recidivism Reduction Fund.

end insert begin insert

(b) To the extent the Three Judge Court referenced in
subdivision (a) issues an order or orders subsequent to the
enactment of this act, which eliminates the need to obtain the full
amount of capacity authorized by this act, or adjusts the date by
which that capacity is required, the Department of Finance shall
report on the activities and prepare and submit a fiscal estimate
necessary to meet the revised order or orders, to the Joint
Legislative Budget Committee and appropriate fiscal committees,
within 15 days of the issuance of the new order or orders.

end insert begin insert

(c) To the extent the fiscal estimate necessary to meet the revised
order or orders issued in the Three Judge Court proceedings
(2:90-cv-00520 LKK JFM P, C01-1351 THE) is less than the three
hundred fifteen million dollars ($315,000,000) appropriated in
this section then, within 45 days of the order or orders, the Director
of Finance shall direct the Controller to transfer the first
seventy-five million dollars ($75,000,000) of those savings, as
determined in subdivision (b) to the Recidivism Reduction Fund.
Any additional savings shall be allocated as follows: 50 percent
shall revert to the General Fund and 50 percent shall be
transferred to the Recidivism Reduction Fund.

end insert begin insert

(d) (1) Not later than April 1, 2014, and again not later than
April 1, 2015, the Secretary of the Department of Corrections and
Rehabilitation shall submit a report to the Director of Finance
and the chairpersons and vice chairpersons of the committees in
both houses of the Legislature that consider the state budget, and
to the Assembly Committee on Public Safety and the Senate
Committee on Public Safety, detailing the number of inmates
housed in leased beds and in contracted beds both within and
outside of the state pursuant to the provisions of this act. The report
shall provide the specific number of inmates moved to each facility
and shall identify all costs associated with housing these inmates.

end insert begin insert

(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2017, pursuant to Section
10231.5 of the Government Code.

end insert begin insert

(3) A report to be submitted pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government
Code.

end insert

begin insert

begin insert SEC. 23. 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

All matter omitted in this version of the bill appears in the bill as amended in the Senate, September 3, 2013. (JR11)