BILL ANALYSIS Ó
AB 1468
Page 1
( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 1468 (Budget Committee)
As Amended June 15, 2014
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
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|ASSEMBLY: | |(May 23, 2014) |SENATE: |24-11|(June 15, |
| | | | | |2014) |
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(vote not relevant)
Original Committee Reference: BUDGET
SUMMARY : Makes necessary statutory and technical changes to
implement changes to the Budget Act of 2014 related to public
safety. Specifically, this bill :
1)Directs the Department of Finance to work with the County of
Los Angeles to come up with options to address the mental
health and health infrastructure needs within the county jail
system.
2)Establishes the Office of Investigations and Law Enforcement
within the Health and Human Services Agency and requires the
office to establish uniform protocol, procedures and policies
for the peace officers employed by the Department of Health
Services and the Health and Human Services Agency.
3)Provides joint authority for the Board of State and Community
Corrections (BSCC) and the California Department of
Corrections and Rehabilitation (CDCR) on Jail Construction
Projects. The CDCR was given oversight authority over the
$500 million in jail construction authority contained in AB
900 (Solorio), Chapter 7, Statutes of 2007. The BSCC was
given oversight authority over the $500 million in jail
construction authority contained in SB 1022 (Budget and Fiscal
Review Committee), Chapter 42, Statutes of 2012. On occasion,
jail construction projects authorized by AB 900 and SB 1022
become intertwined and it is unclear which entity (CDCR or the
BSCC) has legal authority to administer the project. This
bill provides clarity on the issue by providing both entities
(CDCR or the BSCC) with equal authority to move projects
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forward.
4)Provides definitions relating to "Financing Adult Local
Criminal Justice Facilities."
5)Provides authority for the BSCC, CDCR, a participating county
(as defined), and the State Public Works Board to design,
construct, renovate and/or acquire Adult Local Criminal
Justice Facilities.
6)Authorizes the State Public Works Board to issue up to $500
million in revenue bonds, notes, or bond anticipation notes to
finance the design, construction, renovation and/or
acquisition of adult local criminal justice facilities. The
funding in this measure is in addition to the $1 billion
already provided in AB 900 and SB 1022.
7)Requires qualifying counties to fund 10% of costs associated
with adult local criminal justice facility projects approved
pursuant to this act.
8)Provides a mechanism to reduce the 10% cost share for counties
with populations below 200,000.
9)Gives priority to adult local criminal justice facility
projects that include facility replacements (rather than
facility expansions), inmate programming space, and/or space
dedicated to providing inmate health and mental health care
services.
10)Gives the State Public Works Board authority to authorize the
BSCC or the CDCR and a participating county to enter into
leases, subleases or other agreements for the use,
maintenance, and operation of an adult local criminal justice
facility, as specified.
11)Declares that California's adult criminal justice system
needs improved housing with an emphasis on expanding program
and treatment space.
12)Declares that improved county adult criminal justice housing
with an emphasis on expanding program and treatment space will
enhance public safety throughout the state by providing
increased access to appropriate programs or treatment.
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13)Changes the license category of the CDCR's medical beds to
Correctional Treatment Center licensed beds. (No licensing
inspection is required for this change of license category.)
14)Provides that the CDCR may provide programs and services,
including, but not limited to, transitional housing, mental
health, and substance abuse treatment to an offender who is
released from the department's custody pursuant to Proposition
36 (2012) as specified.
15)Requires the Department of State Hospitals to establish a
Patient Management Unit (PMU) to facilitate patient movement
across all state hospitals and psychiatric facilities and to
provide oversight and centralized management of patient
admissions. Requires the department to evaluate each patient
committed to determine the appropriate placement of the
patient, and requires a court that orders a defendant to be
committed to a state hospital to provide medical records to
the department.
16)Clarifies that courts shall commit defendants to the state
hospitals system, and not to a specific hospital or facility.
17)Creates a presumption of split sentences for realigned
offenders unless the court finds, in the interest of justice,
that it is not appropriate in a particular case. (A split
sentence requires a portion of the imposed sentence to be
served in jail custody and a period to be served under
community supervision.)
18)Requires the Judicial Council to promote uniformity in split
sentencing through the adoption of new rules providing
criteria for the consideration of trial judges at the time of
sentencing.
19)Establishes a statewide competitive grant program intended to
fund community recidivism and crime reduction services,
including, but not limited to, delinquency prevention,
homelessness prevention, and reentry services.
20)Authorizes each sheriff to establish an alternative custody
program (ACP) for men and women. An ACP can include home
detention, residential drug treatment and mental health,
transitional housing, and global positioning system
monitoring.
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21)Expands the existing incentive program, authorized by SB 678
(Leno), Chapter 608, Statutes of 2009, to include offenders
serving terms on Post Release Community Supervision (PRCS) and
Mandatory supervision (MS). PRCS and MS are new sentence
types created under realignment. Previously, this incentive
program only applied to offenders serving a term on county
probation.
22)Provides an ongoing $1 million allocation to the
Administrative Office of the Courts to fund their role in
administering the SB 678 incentive program and collection of
related program data.
23)Expands the Restoration of Competency Pilot Program to
include community-based residential mental health facilities
that have a secured perimeter or are a locked and controlled
treatment facility, as a facility where competency restoration
services may be provided when a court finds a defendant
mentally incompetent.
24)Requires the CDCR's substance abuse programs to include a
peer counseling component. Allows peer counseling program
participants to receive the necessary training, within CDCR
facilities, to become certified addiction counselors,
including necessary course work and clinical hours.
25)Directs the CDCR to establish a Case Management Reentry Pilot
Program for offenders under the jurisdiction of the CDCR who
have been sentenced to a term of imprisonment under Penal Code
Section 1170 and are likely to benefit from a case management
reentry strategy designed to address homelessness,
joblessness, mental disorders, and developmental disabilities
while transitioning from prison into the community.
26)Allows the CDCR to release specified inmates up-to two days
early to prevent releases on a holidays or weekends. This
change is necessary to ensure specified individuals are able
to report to their designated community supervision agency
within two days of release, as required by law.
27)Authorizes the use of the Inmate Welfare Fund to support
innovative programming in CDCR facilities.
28)Creates the California Juvenile Justice Data Working Group
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within the Board of State and Community Corrections to
coordinate and modernize the state's juvenile justice data
systems and reports. The working group is required to present
a report on their findings to the Legislature no later than
January 1, 2016.
29)Establishes the Mentally Ill Offender Crime Reduction Grants
program to support local investment in proven best practices,
including early diagnoses, family and community-based
treatment models, specialized mental health courts, and other
collaborative models of intervention that have proven to be
successful with mentally ill adult and juvenile offenders.
30)Aligns the states rules for drug felons consistent with the
state's current rules for all other types of felons in regards
to the California Work Opportunity and Responsibility to Kids
and CalFresh.
31)Reduces the number of times the California Rehabilitation
Oversight Board is required to meet in a calendar year from
four to two.
32)Reduces the number of times the California Rehabilitation
Oversight Board is required to report to the Governor and
Legislature in a calendar year from two to one.
33)Requires the CDCR to develop policies related to the
department's contraband interdiction efforts for individuals
entering CDCR detention facilities.
34)Authorizes the CDCR to use AB 900 funds for the design and
construction of projects in the Health Care Facility
Improvement Program at state prison facilities.
35) Changes one of the percentages in the Public Safety
Realignment funding structure from 26.82628879% of a share
of realignment to 26.82628878% to make the total
percentages of funds allocated to 100%.
36) Requires the Department of Justice to annually provide
to the Department of Finance the number of juvenile felony
court dispositions by county for the previous calendar
year. This information needs to be collected annually in
order to provide for the timely allocation of Youthful
Offender Block Grant funding.
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37)Requires the Secretary of Health and Human Services to
provide a report to the Legislature concerning best practices
and strategies, including independent oversight, for
effectively and sustainable addressing the employee discipline
process, criminal and major incidents investigations, and the
use of force within state hospitals and psychiatric programs
operated by the agency.
38)Authorizes the Department of State Hospitals to adopt
regulations for patient referral and screening criteria.
39)Authorizes the Director of the Department of State Hospitals
to adopt emergency regulations related to PMU.
40)Contains an appropriation allowing this bill to take effect
immediately upon enactment.
Analysis Prepared by : Marvin Deon / BUDGET / (916) 319-2099
FN: 0003993