BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Mark Leno, Chair
Bill No: AB 1468
Author: Committee on Budget
As Amended: June 12, 2014
Consultant: Julie Salley-Gray
Fiscal: Yes
Hearing Date: June 15, 2014
Subject: Budget Act of 2014: Public Safety
Summary: Provides for statutory changes necessary to enact
the public safety provisions of the Budget Act of 2014.
Background: As part of the 2014-15 budget package, AB 1468
makes statutory changes to implement the budget act.
Proposed Law:
This bill makes the following statutory changes:
Drug and Contraband Interdiction. Requires that any drug
and contraband interdiction efforts on the part of
California Department of Corrections and Rehabilitation
(CDCR) be applied to all individuals in a facility
including inmates, department staff, volunteers, and
contract employees and that CDCR establish methods to
ensure that the searches shall be done randomly and without
advance notice.
Case Management Reentry Pilot. Establishes a pilot program
to provide intensive case management to offenders who have
been released on parole and are likely to benefit from
assistance designed to avoid homelessness and joblessness
and provide assistance for people with mental illnesses and
developmental disabilities.
Split Sentencing. Creates a presumption of split
sentencing, which requires the courts to provide a period
of mandatory supervision for the concluding portion of a
sentence, unless the courts find that it is in the best
interest of justice not to do so.
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Restoration of Competency. Expands current local
restoration of competency programs, funded by the
Department of State Hospitals to include community-based
residential treatment systems.
Community Reentry. Includes legislative intent that reentry
programs that provide services including transitional
housing, medical and mental health services in a community
setting have been shown to significantly reduce recidivism
and that the establishment of those programs in the
community should be done quickly and in the context of a
comprehensive long-term development plan.
Drug Felonies. Removes the drug felony exclusion from
CalWORKs, CalFresh, and General Assistance programs.
Requires the California Conservation Corp to develop
criteria for drug felon participation.
Inmate Welfare Fund. Allows the Inmate Welfare Fund to be
used to finance innovative programming provided by
non-profit organizations who have demonstrated success in
providing programs dedicated to restorative justice and
offender responsibility.
Proposition 36. Allows CDCR to provide services to
Proposition 36 offenders who are being released without any
type of post-release supervision.
Substance Abuse Peer Counseling. Requires that every state
prison that provides substance abuse treatment also include
as part of that treatment, a peer counseling component that
allows inmates to become certified substance abuse
counselors.
Trial Court Security. Establishes a process by which
counties that have increased trial court security costs due
to new construction can request a General Fund
augmentation.
Community Grants. Establishes a grant program through
county boards of supervisors for community recidivism
reduction and crime prevention providers.
Los Angeles County Jail Financing. Includes findings and
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declarations encouraging that the Department of Finance
work with the County of Los Angeles to develop ways that
the state may assist in addressing the mental health and
infrastructure needs of the Los Angeles County jail system.
Alternative Custody Programs (ACP). Authorizes county
sheriffs and county directors of corrections to develop
alternative custody programs, allowing both men and women
to voluntarily participate in an ACP in lieu of being
confined in a county jail.
Juvenile Justice Data Workgroup. Establishes the Juvenile
Justice Data Working Group within the Board of State and
Community Corrections (BSCC) and requires the workgroup to
develop a comprehensive plan to coordinate and modernize
the juvenile justice data systems and reports that are
developed and maintained by state and county agencies.
Mentally Ill Offender Crime Reduction (MIOCR) Grants.
Reestablishes the MIOCR program to provide grants to local
communities to support investment in intervention,
assessment, and treatment of mentally ill individuals.
Jail Construction Funding. Authorizes $500 million for
lease-revenue bond financing for county jail construction
projects designed to improve housing with an emphasis on
expanding program and treatment space to manage the adult
offender population under its jurisdiction.
Patient Management Unit. Establishes a Patient Management
Unit at the Department of State Hospitals.
Health and Human Services Agency (HHSA) Office of
Investigations. Establishes the Office of Investigations
and Law Enforcement within HHSA and requires the office to
establish uniform protocol, procedures, and policies for
the peace officers employed at developmental centers and
state hospitals.
HHSA Independent Oversight. Requires HHSA to develop a
proposal, and report to the Legislature by January 10,
2015, on the development of independent oversight and
adoption of best practices to effectively address the
employee discipline process, use of force, and criminal and
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major incident investigations.
Funding for Community Corrections Performance Incentive
Grants and Realignment Data Collection. Specifies that the
$1 million appropriation provided in 2013-14 for the
Administrative Office of the Courts (AOC) for Community
Corrections Performance Incentive Grants and realignment
data collection is an on-going, annual appropriation. In
addition, states the intent of the Legislature to expand
the program in 2015-16, to include mandatory supervision
and post-release community supervision (PRCS).
Prison Medical Beds Licensure. Converts General Acute Care
Hospital (GACH) and Intermediate Care Facility (ICF)
medical beds to more cost-effective Correction Treatment
Center (CTC) medical beds at California State Prison -
Corcoran, California Men's Colony, and California Medical
Facility.
Health Care Facility Improvement Program (HCFIP). Allows
the use of AB 900 (Solorio), Chapter 7, Statutes of 2007
construction funding for the design and construction of
remaining projects in HCFIP.
California Rehabilitation and Oversight Board. Reduces the
minimum frequency of the California Rehabilitation and
Oversight Board (CROB) meetings from four times per year to
two times.
High Control Releases. Allows CDCR to hold high risk
offenders for two additional days in the event that they
are scheduled to be released on the Friday before a
three-day weekend.
Allocations for Law Enforcement Services Account Programs -
Juvenile Reentry Grant Minimums. Clarifies that the $15,000
per juvenile minimum allocation, provided prior to public
safety realignment, is no longer guaranteed because, under
realignment, there is a fixed amount of funding available,
based upon dedicated revenues, rather than upon caseload.
Enhancing Law Enforcement Activities Subaccount (ELEAS).
Reduces the High Technology Theft Apprehension and
Prosecution Program in order to correct an error that
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causes the funding formula to total to more than 100
percent.
Felony Disposition Data for Youthful Offender Block Grant
(YOBG). Requires the Department of Justice to annually
provide BSCC the number of juvenile felony court
dispositions by county for the previous calendar year.
SB 1022 Clean Up. Allows counties with awards from multiple
lease-revenue bond jail financing programs to enter into
leases and agreements with either CDCR or the Board of
State and Community Corrections.
Realignment Supplantation References. Provides technical
clean-up to the statutes that refer to the supplantation of
funding for programs that have been realigned to the
counties.
Fiscal Effect: The funding related to the changes in this
bill is contained in the 2014-15 Budget Act. The bill also
contains a $1 million continuous appropriation to the AOC
for data collection related to community corrections
performance incentives and public safety realignment.
Support: Unknown.
Opposed: Unknown.
Comments: This bill provides the necessary statutory
references to enact the 2014-15 budget related to public
safety.
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