Amended in Assembly September 9, 2013

Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Assembly August 27, 2013

Senate BillNo. 105


Introduced by Senatorsbegin delete Knight and Emmersonend deletebegin insert Steinberg and Huffend insert

begin insert

(Principal coauthors: Assembly Members John A. Pérez and Conway)

end insert
begin insert

(Coauthors: Senators Emmerson and Knight)

end insert

January 10, 2013


An act tobegin delete amend Section 15 of Chapter 42 of the Statutes of 2012, toend delete amend, repeal, and add Sections 19050.2 and 19050.8 of the Government Code,begin delete andend delete to amend, repeal, and add Sectionsbegin insert 1233.1, 1233.3, 1233.4,end insert 2910, 11191, and 13602 of,begin insert to add Section 1233.9 to,end insert and to add and repeal Sections 2915 and 6250.2 of, the Penal Code,begin insert and to amend Section 15 of Chapter 42 of the Statutes of 2012,end insert relating to corrections, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

SB 105, as amended, begin deleteKnightend delete begin insertSteinbergend insert. Corrections.

(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.

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.

(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.

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.

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.

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.

(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.

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.

(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.

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.

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.

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

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.

(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.

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.

(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.

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

begin insert

(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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin delete

(8)

end delete

begin insert(9)end insert The bill would appropriate $315,000,000 from the General Fund to the Department of Corrections and Rehabilitation for the purposes of this measure.begin insert 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.end insert 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.

The bill would require thebegin delete Administrationend deletebegin insert administrationend insert to assess the state prison system, including capacity needs, prison population levels, recidivism rates, and factors effecting crime levelsbegin insert, and to develop recommendations on balanced solutions that are cost effective and protect public safetyend insert. The bill would require the Department of Finance tobegin insert submit the administration’s interimend insert report to the Legislaturebegin delete regarding balanced solutions that are cost effective and protect public safetyend deletebegin insert not later than April 1, 2014, and to submit the final report to the Legislatureend insert not later than January 10, 2015.

begin delete

(9)

end delete

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

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P6    1

SECTION 1.  

The additional prison capacitybegin insert and change to
2reduce prison populationend insert
authorized by thisbegin delete bill is anend deletebegin insert act areend insert
3 immediatebegin delete measureend deletebegin insert measuresend insert to avoid early release of inmates
4and allow the state to comply with the federal court order.begin delete The
5measureend delete
begin insert This act end insert will also provide time to develop additional
6thoughtful, balanced, and effective long-term solutions with input
7from the state’s local government and justice partners who are still
8adjusting to the recent criminal justice reforms of realignment.
9The long-term changes will build upon the transition of lower level
10offenders to local jurisdiction, the construction of new prison health
11care facilities, and improvements to existing health care facilities
12throughout the prison system. The administration shall begin
13immediately, in consultation with stakeholders, including
14appropriate legislative committees, to assess the state prison
15system, including capacity needs, prison population levels,
16recidivism rates, and factors affecting crime levelsbegin insert, and to develop
17recommendations on balanced solutions that are cost effective and
18protect public safetyend insert
. Not laterbegin insert than April 1, 2014, the Department
19of Finance shall submit the administration’s interim report to the
20Legislature, and, not laterend insert
than January 10, 2015, the Department
21of Finance shallbegin delete develop andend deletebegin insert submit the administration’s finalend insert
22 report to the Legislaturebegin delete regarding balanced solutions that are cost
23effective and protect public safetyend delete
.begin insert It is the intent of the Legislature
24to consider the reports along with the Legislature’s independent
25findings during the annual budget process.end insert

begin delete
26

SEC. 2.  

Section 15 of Chapter 42 of the Statutes of 2012 is
27amended to read:

28

Sec. 15.  

(a) The Department of Corrections and Rehabilitation
29shall remove all inmates from, cease operations of, and close the
30California Rehabilitation Center located in Norco, California, no
31later than either December 31, 2016, or six months after
32construction of the three Level II dorm facilities authorized in
33Section 14 of this act, whichever is earlier.

34(b) This requirement is hereby suspended pending a review by
35the Department of Finance and the Department of Corrections and
36Rehabilitation that determines the facility can be closed. Closure
37of the facility shall not occur sooner than 30 days after notification
38in writing to the Chair of the Joint Legislative Budget Committee.

end delete
P7    1

begin deleteSEC. 3.end delete
2begin insertSEC. 2.end insert  

Section 19050.2 of the Government Code is amended
3to read:

4

19050.2.  

(a) Subject to the approval of the board, the
5appointing authority may enter into arrangements with personnel
6agencies in other jurisdictions for the purpose of exchanging
7services and effecting transfers of employees.

8(b) For purposes of this section, and all related rules, the
9California City Correctional Center in California City is an agency
10or jurisdiction for the duration of the two-year period described in
11Section 19050.8.

12(c) This section shall remain in effect only until January 1, 2017,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2017, deletes or extends that date.

15

begin deleteSEC. 4.end delete
16begin insertSEC. 3.end insert  

Section 19050.2 is added to the Government Code, to
17read:

18

19050.2.  

(a) Subject to the approval of the board, the
19appointing authority may enter into arrangements with personnel
20agencies in other jurisdictions for the purpose of exchanging
21services and effecting transfers of employees.

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

23

begin deleteSEC. 5.end delete
24begin insertSEC. 4.end insert  

Section 19050.8 of the Government Code is amended
25to read:

26

19050.8.  

The board may prescribe rules governing the
27temporary assignment or loan of employees within an agency or
28between agencies for a period not to exceed two years or between
29jurisdictions for a period not to exceed four years for any of the
30following purposes:

31(a) To provide training to employees.

32(b) To enable an agency to obtain expertise needed to meet a
33compelling program or management need.

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

35These temporary assignments or loans shall be deemed to be in
36accord with this part limiting employees to duties consistent with
37their class and may be used to meet minimum requirements for
38promotional as well as open examinations. An employee
39participating in that arrangement shall have the absolute right to
40return to his or her former position. Any temporary assignment or
P8    1loan of an employee made for the purpose specified in subdivision
2(b) shall be made only with the voluntary consent of the employee.

3In addition, out-of-class experience obtained in a manner not
4described in this section may be used to meet minimum
5requirements for promotional as well as open examinations, only
6if it was obtained by the employee in good faith and was properly
7verified under standards prescribed by board rule.

8For purposes of this section, a temporary assignment or loan
9between educational agencies or jurisdictions shall be extended
10for up to two additional years upon a finding by the Superintendent
11of Public Instruction or the Chancellor of the California
12Community Colleges, and with the approval of the Executive
13Officer of the State Personnel Board, that the extension is necessary
14in order to substantially complete work on an educational
15improvement project. However, the temporary assignment of any
16local educator who is performing the duties of a nonrepresented
17classification while on loan to a state educational agency may be
18extended for as many successive two year intervals as necessary
19by the Superintendent of Public Instruction or the Chancellor of
20the California Community Colleges with the concurrence of the
21educational agency or jurisdiction. Public and private colleges and
22universities shall be considered educational agencies or
23jurisdictions within the meaning of this section.

24A temporary assignment within an agency or between agencies
25may be extended by the board for up to two additional years in
26order for an employee to complete an apprenticeship program.

27(d) For the duration of a temporary assignment or loan not to
28exceed two years, for the purposes of this section and all related
29rules, the California City Correctional Center in California City,
30which provides services equivalent to the core governmental
31function of incarcerating inmates, shall be considered an agency
32or jurisdiction.

33(e) This section shall remain in effect only until January 1, 2017,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2017, deletes or extends that date.

36

begin deleteSEC. 6.end delete
37begin insertSEC. 5.end insert  

Section 19050.8 is added to the Government Code, to
38read:

39

19050.8.  

The board may prescribe rules governing the
40temporary assignment or loan of employees within an agency or
P9    1between agencies for a period not to exceed two years or between
2jurisdictions for a period not to exceed four years for any of the
3following purposes:

4(a) To provide training to employees.

5(b) To enable an agency to obtain expertise needed to meet a
6compelling program or management need.

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

8These temporary assignments or loans shall be deemed to be in
9accord with this part limiting employees to duties consistent with
10their class and may be used to meet minimum requirements for
11promotional as well as open examinations. An employee
12participating in that arrangement shall have the absolute right to
13return to his or her former position. Any temporary assignment or
14loan of an employee made for the purpose specified in subdivision
15(b) shall be made only with the voluntary consent of the employee.

16In addition, out-of-class experience obtained in a manner not
17described in this section may be used to meet minimum
18requirements for promotional as well as open examinations, only
19if it was obtained by the employee in good faith and was properly
20verified under standards prescribed by board rule.

21For purposes of this section, a temporary assignment or loan
22between educational agencies or jurisdictions shall be extended
23for up to two additional years upon a finding by the Superintendent
24of Public Instruction or the Chancellor of the California
25Community Colleges, and with the approval of the Executive
26Officer of the State Personnel Board, that the extension is necessary
27in order to substantially complete work on an educational
28improvement project. However, the temporary assignment of any
29local educator who is performing the duties of a nonrepresented
30classification while on loan to a state educational agency may be
31extended for as many successive two year intervals as necessary
32by the Superintendent of Public Instruction or the Chancellor of
33the California Community Colleges with the concurrence of the
34educational agency or jurisdiction. Public and private colleges and
35universities shall be considered educational agencies or
36jurisdictions within the meaning of this section.

37A temporary assignment within an agency or between agencies
38may be extended by the board for up to two additional years in
39order for an employee to complete an apprenticeship program.

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

P10   1begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1233.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

2

1233.1.  

After the conclusion of each calendar year following
3the enactment of this section, the Director of Finance, in
4consultation with the Department of Corrections and Rehabilitation,
5the Joint Legislative Budget Committee, the Chief Probation
6Officers of California, and the Administrative Office of the Courts,
7shall calculate the following for that calendar year:

8(a) The cost to the state to incarcerate in prison and supervise
9on parole an offender who fails local supervision and is sent to
10prison. This calculation shall take into consideration factors,
11including, but not limited to, the average length of stay in prison
12and on parole for offenders subject to local supervision, as well
13as the associated parole revocation rates, and revocation costs.

14(b) (1) The statewide probation failure rate. The statewide
15probation failure rate shall be calculated as the total number of
16adult felony probationers statewide sent to prison in the previous
17year as a percentage of the average statewide adult felony probation
18population for that year.

19(2) The statewide probation failure rate for the 2012 calendar
20year shall be calculated as the total number of adult felony
21probationers statewide sent to prison, or to jail pursuant to
22paragraph (5) of subdivision (h) of Section 1170, as a percentage
23of the average statewide adult felony probation population for that
24year.

25(c) (1) A probation failure rate for each county. Each county’s
26probation failure rate shall be calculated as the number of adult
27felony probationers sent to prison from that county in the previous
28year as a percentage of the county’s average adult felony probation
29population for that year.

30(2) The probation failure rate for each county for the 2012
31calendar year shall be calculated as the total number of adult felony
32probationers sent to prison, or to jail pursuant to paragraph (5) of
33subdivision (h) of Section 1170, from that county as a percentage
34of the county’s average adult felony probation population for that
35year.

36(d) An estimate of the number of adult felony probationers each
37county successfully prevented from being incarcerated. For each
38county, this estimate shall be calculated based on the reduction in
39the county’s probation failure rate as calculated annually pursuant
40to subdivision (c) of this section and the county’s baseline
P11   1probation failure rate as calculated pursuant to Section 1233. In
2making this estimate, the Director of Finance, in consultation with
3the Department of Corrections and Rehabilitation, the Joint
4Legislative Budget Committee, the Chief Probation Officers of
5California, and the Administrative Office of the Courts, shall adjust
6the calculations to account for changes in each county’s adult
7felony probation caseload in the most recent completed calendar
8year as compared to the county’s adult felony probation population
9during the period 2006 to 2008, inclusive.

10(e) (1) In calculating probation failure rates for the state and
11individual counties, the number of adult felony probationers sent
12to prison shall include those adult felony probationers sent to state
13prison for a revocation of probation, as well as adult felony
14probationers sent to state prison for a conviction of a new felony
15offense. The calculation shall also include adult felony probationers
16who are sent to prison for conviction of a new crime and who
17simultaneously have their probation terms terminated.

18(2) In calculating probation failure rates for the state and
19individual counties for the 2012 calendar year, the number of adult
20felony probationers sent to prison, or to jail pursuant to paragraph
21(5) of subdivision (h) of Section 1170, shall include those adult
22felony probationers sent to prison, or to jail pursuant to paragraph
23(5) of subdivision (h) of Section 1170, for a revocation of
24probation, as well as adult felony probationers sent to prison, or
25to jail pursuant to paragraph (5) of subdivision (h) of Section 1170,
26for a conviction of a new felony offense. The calculation shall also
27include adult felony probationers who are sent to prison, or to jail
28pursuant to paragraph (5) of subdivision (h) of Section 1170, for
29a conviction of a new crime and who simultaneously have their
30probation terms terminated.

31(f) The statewide mandatory supervision failure to prison rate.
32The statewide mandatory supervision failure to prison rate shall
33be calculated as the total number of offenders supervised under
34mandatory supervision statewide sent to prison in the previous
35year as a percentage of the average statewide mandatory
36supervision population for that year.

37(g) A mandatory supervision failure to prison rate for each
38county. Each county’s mandatory supervision failure to prison rate
39shall be calculated as the number of offenders supervised under
40mandatory supervision sent to prison from that county in the
P12   1previous year as a percentage of the county’s average mandatory
2supervision population for that year.

3(h) The statewide postrelease community supervision failure to
4 prison rate. The statewide postrelease community supervision
5failure to prison rate shall be calculated as the total number of
6offenders supervised under postrelease community supervision
7statewide sent to prison in the previous year as a percentage of the
8average statewide postrelease community supervision population
9for that year.

10(i) A postrelease community supervision failure to prison rate
11for each county. Each county’s postrelease community supervision
12failure to prison rate shall be calculated as the number of offenders
13supervised under postrelease community supervision sent to prison
14from that county in the previous year as a percentage of the
15county’s average postrelease community supervision population
16for that year.

begin insert

17(j) This section shall remain in effect only until July 1, 2014,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before July 1, 2014, deletes or extends that date.

end insert
20begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 1233.1 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
21

begin insert1233.1.end insert  

After the conclusion of each calendar year, the Director
22of Finance, in consultation with the Department of Corrections
23and Rehabilitation, the Joint Legislative Budget Committee, the
24Chief Probation Officers of California, and the Administrative
25Office of the Courts, shall calculate the following for that calendar
26year:

27(a) The cost to the state to incarcerate in a contract facility and
28supervise on parole an offender who fails local supervision and
29is sent to prison. This calculation shall take into consideration
30factors, including, but not limited to, the average length of stay in
31prison for offenders subject to local supervision and the average
32length of parole for offenders who failed local supervision and
33were sent to prison.

34(b) Beginning with the 2013 calendar year, the statewide
35probation failure rate shall be calculated as the total number of
36adult felony probationers statewide sent to prison, or to jail
37pursuant to paragraph (5) of subdivision (h) of Section 1170, as
38a percentage of the average statewide adult felony probation
39population for that year.

P13   1(c) Beginning with the 2013 calendar year, the probation failure
2rate for each county shall be calculated as the total number of
3adult felony probationers sent to prison, or to jail pursuant to
4paragraph (5) of subdivision (h) of Section 1170, from that county,
5as a percentage of the county’s average adult felony probation
6population for that year.

7(d) An estimate of the number of adult felony probationers each
8county successfully prevented from being incarcerated. For each
9county, this estimate shall be calculated based on the reduction
10in the county’s probation failure rate as calculated annually
11pursuant to subdivision (c) and the county’s baseline probation
12failure rate as calculated pursuant to Section 1233. In making this
13estimate, the Director of Finance, in consultation with the
14Department of Corrections and Rehabilitation, the Joint Legislative
15Budget Committee, the Chief Probation Officers of California,
16and the Administrative Office of the Courts, shall adjust the
17calculations to account for changes in each county’s adult felony
18probation caseload in the most recent completed calendar year
19as compared to the county’s adult felony probation population
20during the 2006 to 2008, inclusive, calendar period.

21(e) Beginning with the 2013 calendar year, in calculating
22probation failure rates for the state and individual counties, the
23number of adult felony probationers sent to prison, or to jail
24pursuant to paragraph (5) of subdivision (h) of Section 1170, shall
25include those adult felony probationers sent to prison, or to jail
26pursuant to paragraph (5) of subdivision (h) of Section 1170, for
27a revocation of probation, as well as adult felony probationers
28sent to prison, or to jail pursuant to paragraph (5) of subdivision
29(h) of Section 1170, for a conviction of a new felony offense. The
30calculation shall also include adult felony probationers who are
31sent to prison, or to jail pursuant to paragraph (5) of subdivision
32(h) of Section 1170, for a conviction of a new crime and who
33simultaneously have their probation terms terminated.

34(f) The statewide mandatory supervision failure to prison rate.
35The statewide mandatory supervision failure to prison rate shall
36be calculated as the total number of offenders supervised under
37mandatory supervision pursuant to subparagraph (B) of paragraph
38(5) of subdivision (h) of Section 1170, statewide, sent to prison in
39the previous calendar year as a percentage of the average
40statewide mandatory supervision population for that year.

P14   1(g) A mandatory supervision failure to prison rate for each
2county. Each county’s mandatory supervision failure to prison
3rate shall be calculated as the number of offenders supervised
4under mandatory supervision pursuant to subparagraph (B) of
5paragraph (5) of subdivision (h) of Section 1170 sent to prison
6from that county in the previous calendar year as a percentage of
7the county’s average mandatory supervision population for that
8year.

9(h) The statewide postrelease community supervision failure to
10prison rate. The statewide postrelease community supervision
11failure to prison rate shall be calculated as the total number of
12offenders supervised under postrelease community supervision
13pursuant to Title 2.05 (commencing with Section 3450) of Part 3,
14statewide, sent to prison in the previous calendar year as a
15percentage of the average statewide postrelease community
16supervision population for that year.

17(i) A postrelease community supervision failure to prison rate
18for each county. Each county’s postrelease community supervision
19failure to prison rate shall be calculated as the number of offenders
20supervised under postrelease community supervision pursuant to
21Title 2.05 (commencing with Section 3450) of Part 3 sent to prison
22from that county in the previous calendar year as a percentage of
23the county’s average postrelease community supervision population
24for that year.

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

end insert
26begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 1233.3 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

27

1233.3.  

Annually, the Director of Finance, in consultation with
28the Department of Corrections and Rehabilitation, the Joint
29Legislative Budget Committee, the Chief Probation Officers of
30California, and the Administrative Office of the Courts, shall
31calculate a probation failure reduction incentive payment for each
32eligible county, pursuant to Section 1233.2, for the most recently
33completed calendar year, as follows:

34(a) For a county identified as being in Tier 1, as defined in
35subdivision (a) of Section 1233.2, its probation failure reduction
36incentive payment shall equal the estimated number of probationers
37successfully prevented from being incarcerated, as defined by
38subdivision (d) of Section 1233.1, multiplied by 45 percent of the
39costs to the state to incarcerate in prison and supervise on parole
P15   1a probationer who was sent to prison, as defined in subdivision (a)
2of Section 1233.1.

3(b) For a county identified as being in Tier 2, as defined in
4subdivision (b) of Section 1233.2, its probation failure reduction
5incentive payment shall equal the estimated number of probationers
6successfully prevented from being incarcerated, as defined by
7subdivision (d) of Section 1233.1, multiplied by 40 percent of the
8costs to the state to incarcerate in prison and supervise on parole
9a probationer who was sent to prison, as defined in subdivision (a)
10of Section 1233.1.

11(c) For a county identified as being in Tier 3, as defined in
12subdivision (c) of Section 1233.2, its probation failure reduction
13incentive payment shall equal the estimated number of probationers
14successfully prevented from being incarcerated, as defined by
15subdivision (d) of Section 1233.1, multiplied by 30 percent of the
16costs to the state to incarcerate in prison and supervise on parole
17a probationer who was sent to prison, as defined in subdivision (a)
18of Section 1233.1.

19(d) A county that fails to provide information specified in
20Section 1231 to the Administrative Office of the Courts shall not
21be eligible for a probation failure reduction incentive payment.

begin insert

22(e) This section shall remain in effect only until July 1, 2014,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before July 1, 2014, deletes or extends that date.

end insert
25begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 1233.3 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
26

begin insert1233.3.end insert  

Annually, the Director of Finance, in consultation with
27the Department of Corrections and Rehabilitation, the Joint
28Legislative Budget Committee, the Chief Probation Officers of
29California, and the Administrative Office of the Courts, shall
30calculate a probation failure reduction incentive payment for each
31eligible county, pursuant to Section 1233.2, for the most recently
32completed calendar year, as follows:

33(a) For a county identified as being in Tier 1, as defined in
34subdivision (a) of Section 1233.2, its probation failure reduction
35incentive payment shall equal the estimated number of probationers
36successfully prevented from being incarcerated, as defined by
37subdivision (d) of Section 1233.1, multiplied by 45 percent of the
38state’s cost of housing an inmate in a contract facility, and to
39supervise on parole a probationer who was sent to prison, as
40defined in subdivision (a) of Section 1233.1.

P16   1(b) For a county identified as being in Tier 2, as defined in
2subdivision (b) of Section 1233.2, its probation failure reduction
3incentive payment shall equal the estimated number of probationers
4successfully prevented from being incarcerated, as defined by
5subdivision (d) of Section 1233.1, multiplied by 40 percent of the
6state’s cost of housing an inmate in a contract facility, and to
7supervise on parole a probationer who was sent to prison, as
8defined in subdivision (a) of Section 1233.1.

9(c) For a county identified as being in Tier 3, as defined in
10subdivision (c) of Section 1233.2, its probation failure reduction
11incentive payment shall equal the estimated number of probationers
12successfully prevented from being incarcerated, as defined by
13 subdivision (d) of Section 1233.1, multiplied by 30 percent of the
14state’s cost of housing an inmate in a contract facility, and to
15supervise on parole a probationer who was sent to prison, as
16defined in subdivision (a) of Section 1233.1.

17(d) A county that fails to provide information specified in Section
181231 to the Administrative Office of the Courts is not eligible for
19a probation failure reduction incentive payment.

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

end insert
21begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 1233.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

22

1233.4.  

(a) It is the intent of the Legislature for counties
23demonstrating high success rates with adult felony probationers
24to have access to performance-based funding as provided for in
25this section.

26(b) On an annual basis, the Department of Finance, in
27consultation with the Department of Corrections and Rehabilitation,
28the Joint Legislative Budget Committee, the Chief Probation
29Officers of California, and the Administrative Office of the Courts,
30shall calculate 5 percent of the total statewide estimated number
31of probationers successfully prevented from being incarcerated
32for counties that successfully reduce the number of adult felony
33probationers incarcerated multiplied by the costs to the state to
34incarcerate in prison and supervise on parole a probationer who
35 was sent to prison, as defined in subdivision (a) of Section 1233.1.

36(c) The amount estimated pursuant to subdivision (b) shall be
37used to provide high performance grants to county probation
38departments for the purpose of bolstering evidence-based probation
39practices designed to reduce recidivism among adult felony
40probationers.

P17   1(d) County probation departments eligible for these high
2performance grants shall be those with adult probation failure rates
3more than 50 percent below the statewide average in the most
4recently completed calendar year.

5(e) A county probation department that qualifies for a probation
6failure reduction incentive payment, as provided in Section 1233.3,
7and a high performance grant payment in the same year shall
8choose to receive either the probation failure incentive payment
9or the high performance grant payment. The CPO of a county that
10qualifies for both a high performance grant and a probation failure
11reduction incentive payment shall indicate to the Administrative
12Office of the Courts, by a date designated by the Administrative
13Office of the Courts, whether the CPO chooses to receive the high
14performance grant or probation failure reduction payment.

15(f) The grants provided for in this section shall be administered
16by the Administrative Office of the Courts. The Administrative
17Office of the Courts shall seek to ensure that all qualifying
18probation departments that submit qualifying applications receive
19a proportionate share of the grant funding available based on the
20population of adults ages 18 to 25, inclusive, in each of the counties
21qualifying for the grants.

22(g) A county that fails to provide the information specified in
23Section 1231 to the Administrative Office of the Courts shall not
24be eligible for a high performance grant payment.

begin insert

25(h) This section shall remain in effect only until July 1, 2014,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before July 1, 2014, deletes or extends that date.

end insert
28begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 1233.4 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
29

begin insert1233.4.end insert  

(a) It is the intent of the Legislature for counties
30demonstrating high success rates with adult felony probationers
31to have access to performance-based funding as provided for in
32this section.

33(b) On an annual basis, the Department of Finance, in
34consultation with the Department of Corrections and
35Rehabilitation, the Joint Legislative Budget Committee, the Chief
36Probation Officers of California, and the Administrative Office of
37the Courts, shall calculate 5 percent of the total statewide estimated
38number of probationers successfully prevented from being
39incarcerated for counties that successfully reduce the number of
40adult felony probationers incarcerated multiplied by the state’s
P18   1cost of housing an inmate in a contract facility, and to supervise
2on parole a probationer who was sent to prison, as defined in
3subdivision (a) of Section 1233.1.

4(c) The amount estimated pursuant to subdivision (b) shall be
5used to provide high performance grants to county probation
6departments for the purpose of bolstering evidence-based probation
7practices designed to reduce recidivism among adult felony
8probationers.

9(d) County probation departments eligible for these high
10performance grants shall be those with adult probation failure
11rates more than 50 percent below the statewide average in the
12most recently completed calendar year.

13(e) A county probation department that qualifies for a probation
14failure reduction incentive payment, as provided in Section 1233.3,
15and a high performance grant payment in the same year shall
16choose to receive either the probation failure incentive payment
17or the high performance grant payment. The Chief Probation
18Officer of a county that qualifies for both a high performance grant
19and a probation failure reduction incentive payment shall indicate
20to the Administrative Office of the Courts, by a date designated
21by the Administrative Office of the Courts, whether the Chief
22Probation Officer chooses to receive the high performance grant
23or probation failure reduction payment.

24(f) The grants provided for in this section shall be administered
25by the Administrative Office of the Courts. The Administrative
26Office of the Courts shall seek to ensure that all qualifying
27probation departments that submit qualifying applications receive
28a proportionate share of the grant funding available based on the
29population of adults 18 to 25 years of age, inclusive, in each of
30the counties qualifying for the grants.

31(g) A county that fails to provide the information specified in
32Section 1231 to the Administrative Office of the Courts is not
33eligible for a high performance grant payment.

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

end insert
35begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 1233.9 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
36

begin insert1233.9.end insert  

There is hereby created in the State Treasury the
37Recidivism Reduction Fund for moneys to be available upon
38appropriation by the Legislature, for activities designed to reduce
39the state’s prison population, including, but not limited to, reducing
40recidivism. Funds available in the Recidivism Reduction Fund
P19   1may be transferred to the State Community Corrections
2Performance Incentives Fund.

end insert
3

begin deleteSEC. 7.end delete
4begin insertSEC. 13.end insert  

Section 2910 of the Penal Code is amended to read:

5

2910.  

(a) The Secretary of the Department of Corrections and
6Rehabilitation may enter into an agreement with a city, county, or
7city and county to permit transfer of prisoners in the custody of
8the secretary to a jail or other adult correctional facility of the city,
9county, or city and county, if the sheriff or corresponding official
10having jurisdiction over the facility has consented thereto. The
11agreement shall provide for contributions to the city, county, or
12city and county toward payment of costs incurred with reference
13to such transferred prisoners.

14(b) For purposes of this section, a transfer of prisoners under
15subdivision (a) may include inmates who have been sentenced to
16the department but remain housed in a county jail. These prisoners
17shall be under the sole legal custody and jurisdiction of the sheriff
18or corresponding official having jurisdiction over the facility and
19shall not be under the legal custody or jurisdiction of the
20Department of Corrections and Rehabilitation.

21(c) Notwithstanding any other law, for purposes of entering into
22agreements under subdivision (a), any process, regulation,
23requirement, including any state governmental reviews or
24approvals, or third-party approval that is required under, or
25implemented pursuant to, any statute that relates to entering into
26those agreements is hereby waived.

27(d) When an agreement entered into pursuant to subdivision (a)
28or (c) is in effect with respect to a particular local facility, the
29 secretary may transfer prisoners whose terms of imprisonment
30have been fixed and parole violators to the facility.

31(e) Prisoners so transferred to a local facility may, with notice
32to the secretary, participate in programs of the facility, including,
33but not limited to, work furlough rehabilitation programs.

34(f) The secretary, to the extent possible, shall select city, county,
35or city and county facilities in areas where medical, food, and other
36support services are available from nearby existing prison facilities.

37(g) The secretary, with the approval of the Department of
38General Services, may enter into an agreement to lease state
39property for a period not in excess of 20 years to be used as the
P20   1site for a facility operated by a city, county, or city and county
2authorized by this section.

3(h) This section shall remain in effect only until January 1, 2017,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2017, deletes or extends that date.

6

begin deleteSEC. 8.end delete
7begin insertSEC. 14.end insert  

Section 2910 is added to the Penal Code, to read:

8

2910.  

(a) The Secretary of the Department of Corrections and
9Rehabilitation may enter into an agreement with a city, county, or
10city and county to permit transfer of prisoners in the custody of
11the secretary to a jail or other adult correctional facility of the city,
12county, or city and county, if the sheriff or corresponding official
13having jurisdiction over the facility has consented thereto. The
14agreement shall provide for contributions to the city, county, or
15city and county toward payment of costs incurred with reference
16to such transferred prisoners.

17(b) When an agreement entered into pursuant to subdivision (a)
18is in effect with respect to a particular local facility, the secretary
19may transfer prisoners whose terms of imprisonment have been
20fixed and parole violators to the facility.

21(c) Prisoners so transferred to a local facility may, with approval
22of the secretary, participate in programs of the facility, including,
23but not limited to, work furlough rehabilitation programs.

24(d) Prisoners transferred to such facilities are subject to the rules
25and regulations of the facility in which they are confined, but
26remain under the legal custody of the Department of Corrections
27and Rehabilitation and shall be subject at any time, pursuant to the
28rules and regulations of the secretary, to be detained in the county
29jail upon the exercise of a state parole or correctional officer’s
30peace officer powers, as specified in Section 830.5, with the
31 consent of the sheriff or corresponding official having jurisdiction
32over the facility.

33(e) The secretary, to the extent possible, shall select city, county,
34or city and county facilities in areas where medical, food, and other
35support services are available from nearby existing prison facilities.

36(f) The secretary, with the approval of the Department of
37General Services, may enter into an agreement to lease state
38property for a period not in excess of 20 years to be used as the
39site for a facility operated by a city, county, or city and county
40authorized by this section.

P21   1(g) An agreement shall not be entered into under this section
2unless the cost per inmate in the facility is no greater than the
3average costs of keeping an inmate in a comparable facility of the
4department, as determined by the secretary.

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

6

begin deleteSEC. 9.end delete
7begin insertSEC. 15.end insert  

Section 2915 is added to the Penal Code, to read:

8

2915.  

(a) The Secretary of the Department of Corrections and
9Rehabilitation may enter into one or more agreements to obtain
10secure housing capacity within the state. These agreements may
11be entered into with private entities and may be in the form of a
12lease or an operating agreement. The secretary may procure and
13enter these agreements on terms and conditions he or she deems
14necessary and appropriate. Notwithstanding any other law, any
15process, regulation, requirement, including any state governmental
16reviews or approvals, or third-party approval that is required under
17statutes that relate to the procurement and implementation of those
18agreements is hereby waived, however, no agreement shall contain
19terms, either directly or indirectly, that involve the repayment of
20any debt issuance or other financing and, consistent with state law,
21shall provide that payment of that agreement is subject to
22appropriation.

23(b) The Secretary of the Department of Corrections and
24Rehabilitation may enter into one or more agreements to obtain
25secure housing capacity in another state. These agreements may
26be entered into with private entities and may be in the form of an
27operating agreement or other contract. The secretary may procure
28and enter these agreements on terms and conditions he or she
29deems necessary and appropriate. Notwithstanding any other law,
30any process, regulation, requirement, including any state
31governmental reviews or approvals, or third-party approval that
32is required under statutes that relate to the procurement and
33implementation of those agreements is hereby waived, however,
34no agreement shall contain terms, either directly or indirectly, that
35involve the repayment of any debt issuance or other financing and,
36consistent with state law, shall provide that payment of that
37agreement is subject to appropriation. This subdivision does not
38authorize the department to operate a facility out of state.

39(c) The provisions of Division 13 (commencing with Section
4021000) of the Public Resources Code do not apply to this section.

P22   1(d) This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2017, deletes or extends that date.

4

begin deleteSEC. 10.end delete
5begin insertSEC. 16.end insert  

Section 6250.2 is added to the Penal Code, to read:

6

6250.2.  

(a) The Secretary of the Department of Corrections
7and Rehabilitation may enter into agreements for the transfer of
8prisoners to, or placement of prisoners in, community correctional
9centers. The secretary may enter into contracts to provide housing,
10sustenance, and supervision for inmates placed in community
11correctional centers.

12(b) Notwithstanding any other law, for the purposes of entering
13into agreements under subdivision (a), any process, regulation,
14requirement, including any state government reviews or approvals,
15or third-party approval that is required under, or implemented
16pursuant to, any statute that relates to entering into those
17agreements is hereby waived.

18(c) This section shall remain in effect only until January 1, 2017,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2017, deletes or extends that date.

21

begin deleteSEC. 11.end delete
22begin insertSEC. 17.end insert  

Section 11191 of the Penal Code is amended to read:

23

11191.  

(a) Any court or other agency or officer of this state
24having power to commit or transfer an inmate, as defined in Article
25II (d) of the Interstate Corrections Compact or of the Western
26Interstate Corrections Compact, to any institution for confinement
27may commit or transfer that inmate to any institution within or
28without this state if this state has entered into a contract or contracts
29for the confinement of inmates in that institution pursuant to Article
30III of the Interstate Corrections Compact or of the Western
31Interstate Corrections Compact.

32(b) An inmate sentenced under California law shall not be
33committed or transferred to an institution outside of this state,
34unless he or she has executed a written consent to the transfer. The
35inmate shall have the right to a private consultation with an attorney
36of his choice, or with a public defender if the inmate cannot afford
37counsel, concerning his rights and obligations under this section,
38and shall be informed of those rights prior to executing the written
39consent. At any time more than five years after the transfer, the
40inmate shall be entitled to revoke his consent and to transfer to an
P23   1institution in this state. In such cases, the transfer shall occur within
2the next 30 days.

3(c) Notwithstanding the requirements in this section or Section
411194, the secretary may transfer an inmate to a facility in another
5state without the consent of the inmate.

6(d) Inmates who volunteer by submitting a request to transfer
7and are otherwise eligible shall receive first priority under this
8section.

9(e) This section shall remain in effect only until January 1, 2017,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2017, deletes or extends that date.

12

begin deleteSEC. 12.end delete
13begin insertSEC. 18.end insert  

Section 11191 is added to the Penal Code, to read:

14

11191.  

(a) Any court or other agency or officer of this state
15having power to commit or transfer an inmate, as defined in Article
16II(d) of the Interstate Corrections Compact or of the Western
17Interstate Corrections Compact, to any institution for confinement
18may commit or transfer that inmate to any institution within or
19outside of this state if this state has entered into a contract or
20contracts for the confinement of inmates in that institution pursuant
21to Article III of the Interstate Corrections Compact or of the
22Western Interstate Corrections Compact.

23(b) No inmate sentenced under California law may be committed
24or transferred to an institution outside of this state, unless he or
25she has executed a written consent to the transfer. The inmate shall
26have the right to a private consultation with an attorney of his
27choice, or with a public defender if the inmate cannot afford
28counsel, concerning his rights and obligations under this section,
29and shall be informed of those rights prior to executing the written
30consent. At any time more than five years after the transfer, the
31inmate shall be entitled to revoke his consent and to transfer to an
32institution in this state. In such cases, the transfer shall occur within
33the next 30 days.

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

35

begin deleteSEC. 13.end delete
36begin insertSEC. 19.end insert  

Section 13602 of the Penal Code is amended to read:

37

13602.  

(a) The Department of Corrections and Rehabilitation
38may use the training academy at Galt or the training center in
39Stockton. The academy at Galt shall be known as the Richard A.
40McGee Academy. The training divisions, in using the funds, shall
P24   1endeavor to minimize costs of administration so that a maximum
2amount of the funds will be used for providing training and support
3to correctional peace officers while being trained by the
4department.

5(b) Notwithstanding subdivision (a), and pursuant to Section
613602.1, the Department of Corrections and Rehabilitation may
7use a training academy established for the California City
8Correctional Center. This academy, in using the funds, shall
9 endeavor to minimize costs of administration so that a maximum
10amount of the funds will be used for providing training and support
11to correctional employees who are being trained by the department.

12(c) Each new cadet who attends an academy shall complete the
13course of training, pursuant to standards approved by the CPOST
14before he or she may be assigned to a post or job as a peace officer.
15Every newly appointed first-line or second-line supervisor in the
16Department of Corrections and Rehabilitation shall complete the
17course of training, pursuant to standards approved by the CPOST
18for that position.

19(d) The Department of Corrections and Rehabilitation shall
20make every effort to provide training prior to commencement of
21supervisorial duties. If this training is not completed within six
22months of appointment to that position, any first-line or second-line
23supervisor shall not perform supervisory duties until the training
24is completed.

25(e) This section shall remain in effect only until January 1, 2017,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2017, deletes or extends that date.

28

begin deleteSEC. 14.end delete
29begin insertSEC. 20.end insert  

Section 13602 is added to the Penal Code, to read:

30

13602.  

(a) The Department of Corrections and Rehabilitation
31may use the training academy at Galt or the training center in
32Stockton. The academy at Galt shall be known as the Richard A.
33McGee Academy. The training divisions, in using the funds, shall
34endeavor to minimize costs of administration so that a maximum
35amount of the funds will be used for providing training and support
36to correctional peace officers while being trained by the
37department.

38(b) Each new cadet who attends an academy shall complete the
39course of training, pursuant to standards approved by the CPOST,
40before he or she may be assigned to a post or job as a peace officer.
P25   1Every newly appointed first-line or second-line supervisor in the
2Department of Corrections and Rehabilitation shall complete the
3course of training, pursuant to standards approved by the CPOST
4for that position.

5(c) The Department of Corrections and Rehabilitation shall
6make every effort to provide training prior to commencement of
7supervisorial duties. If this training is not completed within six
8months of appointment to that position, any first-line or second-line
9supervisor shall not perform supervisory duties until the training
10is completed.

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

12begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 15 of Chapter 42 of the Statutes of 2012 is
13amended to read:end insert

14

SEC. 15.  

begin insert(a)end insertbegin insertend insert The Department of Corrections and
15Rehabilitation shall remove all inmates from, cease operations of,
16and close the California Rehabilitation Center located in Norco,
17California, no later than either December 31, 2016, or six months
18after construction of the three Level II dorm facilities authorized
19in Section 14 of this act, whichever is earlier.

begin insert

20(b) The requirement in subdivision (a) is hereby suspended
21pending a review by the Department of Finance and the
22Department of Corrections and Rehabilitation that determines the
23facility can be closed. Closure of the facility shall not occur sooner
24than 30 days after notification in writing to the Chair of the Joint
25Legislative Budget Committee.

end insert
26

begin deleteSEC. 15.end delete
27begin insertSEC. 22.end insert  

(a) There is hereby appropriated from the General
28Fund the amount of three hundred fifteen million dollars
29($315,000,000) to the Department of Corrections and Rehabilitation
30for purposes of implementing this act.
31begin insert The amount appropriated is based on federal court orders in the
32Three Judge Court proceedings (2:90-cv-00520 LKK JFM P,
33C01-1351 TEH) requiring that the department achieve a population
34of 137.5 percent of design capacity no later than December 31,
352013. If the department no longer needs to meet this percentage
36or is not required to meet this percentage within the 2013-14 fiscal
37year, then the department shall reduce its use of this appropriation
38accordingly. The department shall spend these funds on immediate
39capacity to meet the federal court orders issued in the Three Judge
40Court proceedings (2:90-cv-00520 LKK JFM P, C01-1351 TEH)
P26   1only to the extent needed to avoid early release. Except as provided
2by subdivision (c), any amounts which are not encumbered by June
330, 2014, are to be transferred to the Recidivism Reduction Fund.end insert
begin insert

4(b) To the extent the Three Judge Court referenced in
5subdivision (a) issues an order or orders subsequent to the
6enactment of this act, which eliminates the need to obtain the full
7amount of capacity authorized by this act, or adjusts the date by
8which that capacity is required, the Department of Finance shall
9report on the activities and prepare and submit a fiscal estimate
10necessary to meet the revised order or orders, to the Joint
11Legislative Budget Committee and appropriate fiscal committees,
12within 15 days of the issuance of the new order or orders.

end insertbegin insert

13(c) To the extent the fiscal estimate necessary to meet the revised
14order or orders issued in the Three Judge Court proceedings
15(2:90-cv-00520 LKK JFM P, C01-1351 TEH) is less than the three
16hundred fifteen million dollars ($315,000,000) appropriated in
17this section then, within 45 days of the order or orders, the Director
18of Finance shall direct the Controller to transfer the first
19seventy-five million dollars ($75,000,000) of those savings, as
20determined in subdivision (b) to the Recidivism Reduction Fund.
21Any additional savings shall be allocated as follows: 50 percent
22shall revert to the General Fund and 50 percent shall be
23transferred to the Recidivism Reduction Fund.

end insert

begin delete

15 24(b)

end delete

25begin insert(d)end insert (1) Not later than April 1, 2014, and again not later than
26April 1, 2015, the Secretary of the Department of Corrections and
27Rehabilitation shall submit a report to the Director of Finance and
28the chairpersons and vice chairpersons of the committees in both
29houses of the Legislature that consider the state budget, and to the
30Assembly Committee on Public Safety and the Senate Committee
31on Public Safety, detailing the number of inmates housed in leased
32beds and in contracted beds both within and outside of the state
33pursuant to the provisions of this act. The report shall provide the
34specific number of inmates moved to each facility and shall identify
35all costs associated with housing these inmates.

36(2) The requirement for submitting a report imposed under this
37subdivision is inoperative on January 1, 2017, pursuant to Section
3810231.5 of the Government Code.

P27   1(3) A report to be submitted pursuant to this subdivision shall
2be submitted in compliance with Section 9795 of the Government
3Code.

4

begin deleteSEC. 16.end delete
5begin insertSEC. 23.end insert  

This act is a bill providing for appropriations related
6to the Budget Bill within the meaning of subdivision (e) of Section
712 of Article IV of the California Constitution, has been identified
8as related to the budget in the Budget Bill, and shall take effect
9immediately.



O

    95