BILL ANALYSIS Ó
SB 76
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SENATE THIRD READING
SB 76 (Budget and Fiscal Review Committee)
As Amended June 13, 2013
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE :Vote not relevant
SUMMARY : Provides for statutory changes necessary to enact the
Public Safety provisions of the Budget Act of 2013.
Specifically, this bill :
1)Provides for monthly (instead of quarterly) disbursement of
funds to numerous local law enforcement programs from the
Enhancing Law Enforcement Activities Subaccount.
2)Provides a permanent funding source to support the
responsibilities transferred to local law enforcement agencies
pursuant to the 2011 Public Safety Realignment consistent with
Proposition 30 passed in 2012.
3)Transfers regulatory responsibilities for Remote Caller Bingo
to the Department of Justice (DOJ) pursuant to the Governor's
Reorganization Plan No. 2 of 2012. Authorizes the DOJ to set
Remote Caller Bingo Licensing fees at a level sufficient to
support the DOJ's costs associated with regulating the
program. Provides that any background investigation related
to remote caller bingo conducted by the department shall be in
accordance with the Gambling Control Act (Chapter 5
(commencing with Section 19800) of Division 8 of the Business
and Professions Code). Specifies that the loan authorized by
Provision 1 of Item 0855-001-0567 of the Budget Act of 2009,
in the amount of $457,000 shall be repaid no later than July
1, 2019.
4)Clarifies that mandatory supervision shall begin upon release
from jail.
5)Specifies, in regards to locally supervised offenders, the
court in the county in which the person is supervised has
jurisdiction to hear a revocation motion or petition.
Specifies, in regards to parolees, either the court in the
county of supervision or the court in the county in which the
alleged violation of supervision occurred has jurisdiction to
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hear a revocation motion or petition.
6)Specifies that any person released to state parole supervision
shall remain on state parole after having served 60 days under
parole supervision, regardless to any subsequent
determination.
7)Adds medical and mental health information to the list of
things CDCR is required to release to local law enforcement
agencies for parolees or inmates placed on Post Release
Community Supervision who are released in their jurisdictions.
8)Clarifies that all medical and mental health information
transfers initiated pursuant to this section must be made in a
manner compliant with applicable provisions of the federal
Health Insurance Portability and Accountability Act of 1996
(HIPAA) (Public Law 104-191), the federal Health Information
Technology for Clinical Health Act (HITECH) (Public Law
111-005), and the implementing of privacy and security
regulations in Parts 160 and 164 of Title 45 of the Code of
Federal Regulations.
Specifies that these changes shall not take effect until the
Secretary of the United States Department of Health and Human
Services, or his or her designee, determines that this
provision is not preempted by HIPAA.
9)Specifies that any person released to Post Release Community
Supervision shall remain on Post Release Community Supervision
after having served 60 days under Post Release Community
Supervision, regardless to any subsequent determination.
10)Allows the sheriff or county director of corrections to, at
his or her discretion, award additional time credits to any
inmate sentenced to the county jail who participates in an
in-custody work or job-training program, and who is eligible
to receive one day of credit for every one day of
incarceration. Specifically, this measure allows a sheriff or
county director of corrections to instead award one and
one-half days of credit for every one day of incarceration
while satisfactorily participating in work or job training
subject to this section.
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As used in this measure, a work or job training program
includes, but is not limited to, an industrial farm or
industrial road camp as authorized in Penal Code Section 4101,
an environmental improvement and preservation program, or
projects such as forest and brush fire prevention, forest,
brush, and watershed management, fish and game management,
soil conservation, and forest and watershed revegetation.
11)Requires the CDCR to provide written notification to any
county impacted by the opening, closing, or changing of
location of a parole office or reception center that accepts
prisoners from county facilities. This measure also requires
written notification of the aforementioned changes be provided
to the California State Association of Counties, the
California State Sheriffs' Association, and the Chief
Probation Officers of California at least 90 days prior to the
proposed change.
12)Contains an appropriation allowing this bill to take effect
immediately upon enactment.
Analysis Prepared by : Marvin Deon / BUDGET / (916) 319-2099
FN: 0001162