BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 76|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 76
Author: Senate Budget and Fiscal Review Committee
Amended: 6/13/13
Vote: 21
PRIOR SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not available
SUBJECT : Budget Act of 2013: Public Safety
SOURCE : Author
DIGEST : This bill provides for statutory changes necessary to
enact the public safety provisions of the Budget Act of 2013.
Assembly Amendments delete the Senate version of the bill, which
expressed legislative intent to enact statutory changes related
to the Budget Act of 2013, and instead add the current language.
ANALYSIS : This bill makes the following statutory changes:
1.Transfer of Healthcare Information from California Department
of Corrections and Rehabilitation (CDCR) to County Departments
for Post Release Community Supervision (PRCS). Requires the
CDCR to electronically transmit to the governmental
subdivision charged with accepting inmates released to PRCS,
an inmate's tuberculosis status, specific medical, mental
health, and outpatient clinical needs, and any medical
concerns of disabilities for the county to consider as they
CONTINUED
SB 76
Page
2
transition offenders back to the community. This bill
requires all transfer of information to be Health Insurance
Portability and Accountability Act compliant.
2.Notification of Parole Office Changes . Requires the Secretary
of CDCR to notify, in writing, any county impacted by the
opening, closure, or change of location of any reception
center that accepts prisoners from county facilities or parole
offices. This same written notification shall 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 change.
Exemptions are provided for closures and changes of location
beyond the control of the CDCR.
3.Allocation of Local Law Enforcement Funding . Existing law
calls for quarterly allocation of funds to various local law
enforcement programs contained in 2011 Public Safety
Realignment. This bill requires those disbursements monthly.
The affected programs include booking fees, COPS/Juvenile
Justice Crime Prevention Act, rural sheriff funding, former
Office of Emergency Services grant funding, Youthful Offender
Block Grant funding, and juvenile camp and probation funding.
In addition, this bill makes the current allocation of funds
from the Law Enforcement Services Growth Subaccount and the
Enhancing Law Enforcement Activities Subaccount permanent.
4.Realignment: Local Law Enforcement Grant Funding Growth
Allocations . Existing law requires a specific distribution of
realignment revenue growth funds to four separate accounts for
the 2012-13 fiscal year. No allocation formula was provided
for subsequent years. This bill continues that formula
indefinitely.
5.Split Sentence Mandatory Supervision Term Commencement .
Existing law provides that when a court commits a person to
county jail for a felony, with time following under the
supervision of the probation department, the portion of a
defendant's sentenced term during which time he/she is
supervised by the county probation officer is known as
mandatory supervision. The law was previously silent on
determining when mandatory supervision commenced. This bill
clarifies that mandatory supervision shall begin upon release
from jail custody.
CONTINUED
SB 76
Page
3
6.Supervision Revocation Jurisdiction . 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 hear a revocation motion or petition.
7.60 days of Supervision Parole or Post Release Community
Supervision . 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. In addition, 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.
8.Local Time Credits . Allows the sheriff or county director of
corrections to, at his/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 bill 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.
9.Remote Caller Bingo . Transfers regulatory responsibilities
for remote caller bingo to the Department of Justice (DOJ),
pursuant to the Governor's Reorganization Plan No. 2 of 2012.
This bill also authorizes DOJ to set remote caller bingo
licensing fees at a level sufficient to support the DOJ's
costs associated with regulating the program. This bill
provides that any background investigation related to remote
caller bingo conducted by DOJ shall be in accordance with the
Gambling Control Act (Chapter 5 (commencing with Section 19800
of Division 8 of the Business and Professions Code). This
measure 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.
10.Gambling Control Commission Appropriation . Appropriates
$2,000 from the California Bingo Fund to the Gambling Control
CONTINUED
SB 76
Page
4
Commission for the purpose of supporting workload associated
with the licensing of remote caller bingo vendors.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
JG:ej 6/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****
CONTINUED