BILL NUMBER: SB 105 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 27, 2013
INTRODUCED BY Senators Steinberg and Huff
(Principal coauthors: Assembly Members John A. Pérez and Conway)
(Coauthors: Senators Emmerson and Knight)
JANUARY 10, 2013
An act to amend, repeal, and add Sections 19050.2 and 19050.8 of
the Government Code, to amend, repeal, and add Sections 1233.1,
1233.3, 1233.4, 2910, 11191, and 13602 of, to add Section 1233.9 to,
and to add and repeal Sections 2915 and 6250.2 of, the Penal Code,
and to amend Section 15 of Chapter 42 of the Statutes of 2012,
relating to corrections, and making an appropriation therefor, to
take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 105, Steinberg. 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.
(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 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.
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.
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.
(9) The bill would appropriate $315,000,000 from the General Fund
to the Department of Corrections and Rehabilitation for the purposes
of this measure. 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. 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 the administration to assess the state
prison system, including capacity needs, prison population levels,
recidivism rates, and factors effecting crime levels, and to develop
recommendations on balanced solutions that are cost effective and
protect public safety. The bill would require the Department of
Finance to submit the administration's interim report to the
Legislature not later than April 1, 2014, and to submit the final
report to the Legislature not later than January 10, 2015.
(10) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The additional prison capacity and change to reduce
prison population authorized by this act are immediate measures to
avoid early release of inmates and allow the state to comply with the
federal court order. This act will also provide time to develop
additional thoughtful, balanced, and effective long-term solutions
with input from the state's local government and justice partners who
are still adjusting to the recent criminal justice reforms of
realignment. The long-term changes will build upon the transition of
lower level offenders to local jurisdiction, the construction of new
prison health care facilities, and improvements to existing health
care facilities throughout the prison system. The administration
shall begin immediately, in consultation with stakeholders, including
appropriate legislative committees, to assess the state prison
system, including capacity needs, prison population levels,
recidivism rates, and factors affecting crime levels, and to develop
recommendations on balanced solutions that are cost effective and
protect public safety. Not later than April 1, 2014, the Department
of Finance shall submit the administration's interim report to the
Legislature, and, not later than January 10, 2015, the Department of
Finance shall submit the administration's final report to the
Legislature. It is the intent of the Legislature to consider the
reports along with the Legislature's independent findings during the
annual budget process.
SEC. 2. Section 19050.2 of the Government Code is amended to read:
19050.2. (a) Subject to the approval of the board, the appointing
authority may enter into arrangements with personnel agencies in
other jurisdictions for the purpose of exchanging services and
effecting transfers of employees.
(b) For purposes of this section, and all related rules, the
California City Correctional Center in California City is an agency
or jurisdiction for the duration of the two-year period described in
Section 19050.8.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 3. Section 19050.2 is added to the Government Code, to read:
19050.2. (a) Subject to the approval of the board, the appointing
authority may enter into arrangements with personnel agencies in
other jurisdictions for the purpose of exchanging services and
effecting transfers of employees.
(b) This section shall become operative on January 1, 2017.
SEC. 4. Section 19050.8 of the Government Code is amended to read:
19050.8. The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for a period not to exceed two years or between jurisdictions for a
period not to exceed four years for any of the following purposes:
(a) To provide training to employees.
(b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.
(c) To facilitate the return of injured employees to work.
These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended for
up to two additional years upon a finding by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges, and with the approval of the Executive Officer of the State
Personnel Board, that the extension is necessary in order to
substantially complete work on an educational improvement project.
However, the temporary assignment of any local educator who is
performing the duties of a nonrepresented classification while on
loan to a state educational agency may be extended for as many
successive two year intervals as necessary by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges with the concurrence of the educational agency or
jurisdiction. Public and private colleges and universities shall be
considered educational agencies or jurisdictions within the meaning
of this section.
A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.
(d) For the duration of a temporary assignment or loan not to
exceed two years, for the purposes of this section and all related
rules, the California City Correctional Center in California City,
which provides services equivalent to the core governmental function
of incarcerating inmates, shall be considered an agency or
jurisdiction.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 5. Section 19050.8 is added to the Government Code, to read:
19050.8. The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for a period not to exceed two years or between jurisdictions for a
period not to exceed four years for any of the following purposes:
(a) To provide training to employees.
(b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.
(c) To facilitate the return of injured employees to work.
These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended for
up to two additional years upon a finding by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges, and with the approval of the Executive Officer of the State
Personnel Board, that the extension is necessary in order to
substantially complete work on an educational improvement project.
However, the temporary assignment of any local educator who is
performing the duties of a nonrepresented classification while on
loan to a state educational agency may be extended for as many
successive two year intervals as necessary by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges with the concurrence of the educational agency or
jurisdiction. Public and private colleges and universities shall be
considered educational agencies or jurisdictions within the meaning
of this section.
A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.
(d) This section shall become operative on January 1, 2017.
SEC. 6. Section 1233.1 of the Penal Code is amended to read:
1233.1. After the conclusion of each calendar year following the
enactment of this section, the Director of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate the following for that calendar year:
(a) The cost to the state to incarcerate in prison and supervise
on parole an offender who fails local supervision and is sent to
prison. This calculation shall take into consideration factors,
including, but not limited to, the average length of stay in prison
and on parole for offenders subject to local supervision, as well as
the associated parole revocation rates, and revocation costs.
(b) (1) The statewide probation failure rate. The statewide
probation failure rate shall be calculated as the total number of
adult felony probationers statewide sent to prison in the previous
year as a percentage of the average statewide adult felony probation
population for that year.
(2) The statewide probation failure rate for the 2012 calendar
year shall be calculated as the total number of adult felony
probationers statewide sent to prison, or to jail pursuant to
paragraph (5) of subdivision (h) of Section 1170, as a percentage of
the average statewide adult felony probation population for that
year.
(c) (1) A probation failure rate for each county. Each county's
probation failure rate shall be calculated as the number of adult
felony probationers sent to prison from that county in the previous
year as a percentage of the county's average adult felony probation
population for that year.
(2) The probation failure rate for each county for the 2012
calendar year shall be calculated as the total number of adult felony
probationers sent to prison, or to jail pursuant to paragraph (5) of
subdivision (h) of Section 1170, from that county as a percentage of
the county's average adult felony probation population for that
year.
(d) An estimate of the number of adult felony probationers each
county successfully prevented from being incarcerated. For each
county, this estimate shall be calculated based on the reduction in
the county's probation failure rate as calculated annually pursuant
to subdivision (c) of this section and the county's baseline
probation failure rate as calculated pursuant to Section 1233. In
making this estimate, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall adjust
the calculations to account for changes in each county's adult
felony probation caseload in the most recent completed calendar year
as compared to the county's adult felony probation population during
the period 2006 to 2008, inclusive.
(e) (1) In calculating probation failure rates for the state and
individual counties, the number of adult felony probationers sent to
prison shall include those adult felony probationers sent to state
prison for a revocation of probation, as well as adult felony
probationers sent to state prison for a conviction of a new felony
offense. The calculation shall also include adult felony probationers
who are sent to prison for conviction of a new crime and who
simultaneously have their probation terms terminated.
(2) In calculating probation failure rates for the state and
individual counties for the 2012 calendar year, the number of adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, shall include those adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, for a revocation of
probation, as well as adult felony probationers sent to prison, or to
jail pursuant to paragraph (5) of subdivision (h) of Section 1170,
for a conviction of a new felony offense. The calculation shall also
include adult felony probationers who are sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, for a
conviction of a new crime and who simultaneously have their probation
terms terminated.
(f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall be
calculated as the total number of offenders supervised under
mandatory supervision statewide sent to prison in the previous year
as a percentage of the average statewide mandatory supervision
population for that year.
(g) A mandatory supervision failure to prison rate for each
county. Each county's mandatory supervision failure to prison rate
shall be calculated as the number of offenders supervised under
mandatory supervision sent to prison from that county in the previous
year as a percentage of the county's average mandatory supervision
population for that year.
(h) The statewide postrelease community supervision failure to
prison rate. The statewide postrelease community supervision failure
to prison rate shall be calculated as the total number of offenders
supervised under postrelease community supervision statewide sent to
prison in the previous year as a percentage of the average statewide
postrelease community supervision population for that year.
(i) A postrelease community supervision failure to prison rate for
each county. Each county's postrelease community supervision failure
to prison rate shall be calculated as the number of offenders
supervised under postrelease community supervision sent to prison
from that county in the previous year as a percentage of the county's
average postrelease community supervision population for that year.
(j) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.
SEC. 7. Section 1233.1 is added to the Penal Code, to read:
1233.1. After the conclusion of each calendar year, the Director
of Finance, in consultation with the Department of Corrections and
Rehabilitation, the Joint Legislative Budget Committee, the Chief
Probation Officers of California, and the Administrative Office of
the Courts, shall calculate the following for that calendar year:
(a) 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. This calculation shall take into consideration
factors, including, but not limited to, the average length of stay in
prison for offenders subject to local supervision and the average
length of parole for offenders who failed local supervision and were
sent to prison.
(b) Beginning with the 2013 calendar year, the statewide probation
failure rate shall be calculated as the total number of adult felony
probationers statewide sent to prison, or to jail pursuant to
paragraph (5) of subdivision (h) of Section 1170, as a percentage of
the average statewide adult felony probation population for that
year.
(c) Beginning with the 2013 calendar year, the probation failure
rate for each county shall be calculated as the total number of adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, from that county, as a
percentage of the county's average adult felony probation population
for that year.
(d) An estimate of the number of adult felony probationers each
county successfully prevented from being incarcerated. For each
county, this estimate shall be calculated based on the reduction in
the county's probation failure rate as calculated annually pursuant
to subdivision (c) and the county's baseline probation failure rate
as calculated pursuant to Section 1233. In making this estimate, the
Director of Finance, in consultation with the Department of
Corrections and Rehabilitation, the Joint Legislative Budget
Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall adjust the calculations to
account for changes in each county's adult felony probation caseload
in the most recent completed calendar year as compared to the county'
s adult felony probation population during the 2006 to 2008,
inclusive, calendar period.
(e) Beginning with the 2013 calendar year, in calculating
probation failure rates for the state and individual counties, the
number of adult felony probationers sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, shall
include those adult felony probationers sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, for a
revocation of probation, as well as adult felony probationers sent to
prison, or to jail pursuant to paragraph (5) of subdivision (h) of
Section 1170, for a conviction of a new felony offense. The
calculation shall also include adult felony probationers who are sent
to prison, or to jail pursuant to paragraph (5) of subdivision (h)
of Section 1170, for a conviction of a new crime and who
simultaneously have their probation terms terminated.
(f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall be
calculated as the total number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170, statewide, sent to prison in the
previous calendar year as a percentage of the average statewide
mandatory supervision population for that year.
(g) A mandatory supervision failure to prison rate for each
county. Each county's mandatory supervision failure to prison rate
shall be calculated as the number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170 sent to prison from that county in
the previous calendar year as a percentage of the county's average
mandatory supervision population for that year.
(h) The statewide postrelease community supervision failure to
prison rate. The statewide postrelease community supervision failure
to prison rate shall be calculated as the total number of offenders
supervised under postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450) of Part 3, statewide, sent to
prison in the previous calendar year as a percentage of the average
statewide postrelease community supervision population for that year.
(i) A postrelease community supervision failure to prison rate for
each county. Each county's postrelease community supervision failure
to prison rate shall be calculated as the number of offenders
supervised under postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450) of Part 3 sent to prison from
that county in the previous calendar year as a percentage of the
county's average postrelease community supervision population for
that year.
(j) This section shall become operative on July 1, 2014.
SEC. 8. Section 1233.3 of the Penal Code is amended to read:
1233.3. Annually, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate a probation failure reduction incentive payment for each
eligible county, pursuant to Section 1233.2, for the most recently
completed calendar year, as follows:
(a) For a county identified as being in Tier 1, as defined in
subdivision (a) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 45 percent of the
costs to the state to incarcerate in prison and supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
(b) For a county identified as being in Tier 2, as defined in
subdivision (b) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 40 percent of the
costs to the state to incarcerate in prison and supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
(c) For a county identified as being in Tier 3, as defined in
subdivision (c) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 30 percent of the
costs to the state to incarcerate in prison and supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
(d) A county that fails to provide information specified in
Section 1231 to the Administrative Office of the Courts shall not be
eligible for a probation failure reduction incentive payment.
(e) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.
SEC. 9. Section 1233.3 is added to the Penal Code, to read:
1233.3. Annually, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate a probation failure reduction incentive payment for each
eligible county, pursuant to Section 1233.2, for the most recently
completed calendar year, as follows:
(a) For a county identified as being in Tier 1, as defined in
subdivision (a) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 45 percent 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, as defined
in subdivision (a) of Section 1233.1.
(b) For a county identified as being in Tier 2, as defined in
subdivision (b) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 40 percent 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, as defined
in subdivision (a) of Section 1233.1.
(c) For a county identified as being in Tier 3, as defined in
subdivision (c) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 30 percent 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, as defined
in subdivision (a) of Section 1233.1.
(d) A county that fails to provide information specified in
Section 1231 to the Administrative Office of the Courts is not
eligible for a probation failure reduction incentive payment.
(e) This section shall become operative on July 1, 2014.
SEC. 10. Section 1233.4 of the Penal Code is amended to read:
1233.4. (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding as provided for in this
section.
(b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent 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, as defined in subdivision (a) of Section 1233.1.
(c) The amount estimated pursuant to subdivision (b) shall be used
to provide high performance grants to county probation departments
for the purpose of bolstering evidence-based probation practices
designed to reduce recidivism among adult felony probationers.
(d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
(e) A county probation department that qualifies for a probation
failure reduction incentive payment, as provided in Section 1233.3,
and a high performance grant payment in the same year shall choose to
receive either the probation failure incentive payment or the high
performance grant payment. The CPO of a county that qualifies for
both a high performance grant and a probation failure reduction
incentive payment shall indicate to the Administrative Office of the
Courts, by a date designated by the Administrative Office of the
Courts, whether the CPO chooses to receive the high performance grant
or probation failure reduction payment.
(f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults ages 18 to 25, inclusive, in each of the
counties qualifying for the grants.
(g) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts shall not be
eligible for a high performance grant payment.
(h) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.
SEC. 11. Section 1233.4 is added to the Penal Code, to read:
1233.4. (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding as provided for in this
section.
(b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent 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 state's cost of housing
an inmate in a contract facility, and to supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
(c) The amount estimated pursuant to subdivision (b) shall be used
to provide high performance grants to county probation departments
for the purpose of bolstering evidence-based probation practices
designed to reduce recidivism among adult felony probationers.
(d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
(e) A county probation department that qualifies for a probation
failure reduction incentive payment, as provided in Section 1233.3,
and a high performance grant payment in the same year shall choose to
receive either the probation failure incentive payment or the high
performance grant payment. The Chief Probation Officer of a county
that qualifies for both a high performance grant and a probation
failure reduction incentive payment shall indicate to the
Administrative Office of the Courts, by a date designated by the
Administrative Office of the Courts, whether the Chief Probation
Officer chooses to receive the high performance grant or probation
failure reduction payment.
(f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults 18 to 25 years of age, inclusive, in each of the
counties qualifying for the grants.
(g) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts is not
eligible for a high performance grant payment.
(h) This section shall become operative on July 1, 2014.
SEC. 12. Section 1233.9 is added to the Penal Code, to read:
1233.9. There is hereby created in the State Treasury the
Recidivism Reduction Fund for moneys to be available upon
appropriation by the Legislature, for activities designed to reduce
the state's prison population, including, but not limited to,
reducing recidivism. Funds available in the Recidivism Reduction Fund
may be transferred to the State Community Corrections Performance
Incentives Fund.
SEC. 13. Section 2910 of the Penal Code is amended to read:
2910. (a) The Secretary of the Department of Corrections and
Rehabilitation may 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 of the
city, county, or city and county, if the sheriff or corresponding
official having jurisdiction over the facility has consented thereto.
The agreement shall provide for contributions to the city, county,
or city and county toward payment of costs incurred with reference to
such transferred prisoners.
(b) For purposes of this section, a transfer of prisoners under
subdivision (a) may include inmates who have been sentenced to the
department but remain housed in a county jail. These prisoners shall
be under the sole legal custody and jurisdiction of the sheriff or
corresponding official having jurisdiction over the facility and
shall not be under the legal custody or jurisdiction of the
Department of Corrections and Rehabilitation.
(c) Notwithstanding any other law, for purposes of entering into
agreements under subdivision (a), any process, regulation,
requirement, including any state governmental reviews or approvals,
or third-party approval that is required under, or implemented
pursuant to, any statute that relates to entering into those
agreements is hereby waived.
(d) When an agreement entered into pursuant to subdivision (a) or
(c) is in effect with respect to a particular local facility, the
secretary may transfer prisoners whose terms of imprisonment have
been fixed and parole violators to the facility.
(e) Prisoners so transferred to a local facility may, with notice
to the secretary, participate in programs of the facility, including,
but not limited to, work furlough rehabilitation programs.
(f) The secretary, to the extent possible, shall select city,
county, or city and county facilities in areas where medical, food,
and other support services are available from nearby existing prison
facilities.
(g) The secretary, with the approval of the Department of General
Services, may enter into an agreement to lease state property for a
period not in excess of 20 years to be used as the site for a
facility operated by a city, county, or city and county authorized by
this section.
(h) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 14. Section 2910 is added to the Penal Code, to read:
2910. (a) The Secretary of the Department of Corrections and
Rehabilitation may 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 of the
city, county, or city and county, if the sheriff or corresponding
official having jurisdiction over the facility has consented thereto.
The agreement shall provide for contributions to the city, county,
or city and county toward payment of costs incurred with reference to
such transferred prisoners.
(b) When an agreement entered into pursuant to subdivision (a) is
in effect with respect to a particular local facility, the secretary
may transfer prisoners whose terms of imprisonment have been fixed
and parole violators to the facility.
(c) Prisoners so transferred to a local facility may, with
approval of the secretary, participate in programs of the facility,
including, but not limited to, work furlough rehabilitation programs.
(d) Prisoners transferred to such facilities are subject to the
rules and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections and
Rehabilitation and shall be subject at any time, pursuant to the
rules and regulations of the secretary, to be detained in the county
jail upon the exercise of a state parole or correctional officer's
peace officer powers, as specified in Section 830.5, with the consent
of the sheriff or corresponding official having jurisdiction over
the facility.
(e) The secretary, to the extent possible, shall select city,
county, or city and county facilities in areas where medical, food,
and other support services are available from nearby existing prison
facilities.
(f) The secretary, with the approval of the Department of General
Services, may enter into an agreement to lease state property for a
period not in excess of 20 years to be used as the site for a
facility operated by a city, county, or city and county authorized by
this section.
(g) An agreement shall not be entered into under this section
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, as determined by the secretary.
(h) This section shall become operative on January 1, 2017.
SEC. 15. Section 2915 is added to the Penal Code, to read:
2915. (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain secure
housing capacity within the state. These agreements may be entered
into with private entities and may be in the form of a lease or an
operating agreement. The secretary may procure and enter these
agreements on terms and conditions he or she deems necessary and
appropriate. Notwithstanding any other law, any process, regulation,
requirement, including any state governmental reviews or approvals,
or third-party approval that is required under statutes that relate
to the procurement and implementation of those agreements is hereby
waived, however, no agreement shall contain terms, either directly or
indirectly, that involve the repayment of any debt issuance or other
financing and, consistent with state law, shall provide that payment
of that agreement is subject to appropriation.
(b) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain secure
housing capacity in another state. These agreements may be entered
into with private entities and may be in the form of an operating
agreement or other contract. The secretary may procure and enter
these agreements on terms and conditions he or she deems necessary
and appropriate. Notwithstanding any other law, any process,
regulation, requirement, including any state governmental reviews or
approvals, or third-party approval that is required under statutes
that relate to the procurement and implementation of those agreements
is hereby waived, however, no agreement shall contain terms, either
directly or indirectly, that involve the repayment of any debt
issuance or other financing and, consistent with state law, shall
provide that payment of that agreement is subject to appropriation.
This subdivision does not authorize the department to operate a
facility out of state.
(c) The provisions of Division 13 (commencing with Section 21000)
of the Public Resources Code do not apply to this section.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 16. Section 6250.2 is added to the Penal Code, to read:
6250.2. (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into agreements for the transfer of
prisoners to, or placement of prisoners in, community correctional
centers. The secretary may enter into contracts to provide housing,
sustenance, and supervision for inmates placed in community
correctional centers.
(b) Notwithstanding any other law, for the purposes of entering
into agreements under subdivision (a), any process, regulation,
requirement, including any state government reviews or approvals, or
third-party approval that is required under, or implemented pursuant
to, any statute that relates to entering into those agreements is
hereby waived.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 17. Section 11191 of the Penal Code is amended to read:
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate, as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact, to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact.
(b) An inmate sentenced under California law shall not be
committed or transferred to an institution outside of this state,
unless he or she has executed a written consent to the transfer. The
inmate shall have the right to a private consultation with an
attorney of his choice, or with a public defender if the inmate
cannot afford counsel, concerning his rights and obligations under
this section, and shall be informed of those rights prior to
executing the written consent. At any time more than five years after
the transfer, the inmate shall be entitled to revoke his consent and
to transfer to an institution in this state. In such cases, the
transfer shall occur within the next 30 days.
(c) Notwithstanding the requirements in this section or Section
11194, the secretary may transfer an inmate to a facility in another
state without the consent of the inmate.
(d) Inmates who volunteer by submitting a request to transfer and
are otherwise eligible shall receive first priority under this
section.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 18. Section 11191 is added to the Penal Code, to read:
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate, as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact, to any institution for confinement
may commit or transfer that inmate to any institution within or
outside of this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact.
(b) No inmate sentenced under California law may be committed or
transferred to an institution outside of this state, unless he or she
has executed a written consent to the transfer. The inmate shall
have the right to a private consultation with an attorney of his
choice, or with a public defender if the inmate cannot afford
counsel, concerning his rights and obligations under this section,
and shall be informed of those rights prior to executing the written
consent. At any time more than five years after the transfer, the
inmate shall be entitled to revoke his consent and to transfer to an
institution in this state. In such cases, the transfer shall occur
within the next 30 days.
(c) This section shall become operative on January 1, 2017.
SEC. 19. Section 13602 of the Penal Code is amended to read:
13602. (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
(b) Notwithstanding subdivision (a), and pursuant to Section
13602.1, the Department of Corrections and Rehabilitation may use a
training academy established for the California City Correctional
Center. This academy, in using the funds, shall endeavor to minimize
costs of administration so that a maximum amount of the funds will be
used for providing training and support to correctional employees
who are being trained by the department.
(c) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST for
that position.
(d) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 20. Section 13602 is added to the Penal Code, to read:
13602. (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST,
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST for
that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
(d) This section shall become operative January 1, 2017.
SEC. 21. Section 15 of Chapter 42 of the Statutes of 2012 is
amended to read:
Sec. 15. (a) The Department of Corrections and Rehabilitation
shall remove all inmates from, cease operations of, and close the
California Rehabilitation Center located in Norco, California, no
later than either December 31, 2016, or six months after construction
of the three Level II dorm facilities authorized in Section 14 of
this act, whichever is earlier.
(b) The requirement in subdivision (a) is hereby suspended pending
a review by the Department of Finance and the Department of
Corrections and Rehabilitation that determines the facility can be
closed. Closure of the facility shall not occur sooner than 30 days
after notification in writing to the Chair of the Joint Legislative
Budget Committee.
SEC. 22. (a) There is hereby appropriated from the General Fund
the amount of three hundred fifteen million dollars ($315,000,000) to
the Department of Corrections and Rehabilitation for purposes of
implementing this act. The amount appropriated is based on federal
court orders in the Three Judge Court proceedings (2:90-cv-00520 LKK
JFM P, C01-1351 TEH) requiring that the department achieve a
population of 137.5 percent of design capacity no later than December
31, 2013. If the department no longer needs to meet this percentage
or is not required to meet this percentage within the 2013-14 fiscal
year, then the department shall reduce its use of this appropriation
accordingly. The department shall spend these funds on immediate
capacity to meet the federal court orders issued in the Three Judge
Court proceedings (2:90-cv-00520 LKK JFM P, C01-1351 TEH) only to the
extent needed to avoid early release. Except as provided by
subdivision (c), any amounts which are not encumbered by June 30,
2014, are to be transferred to the Recidivism Reduction Fund.
(b) To the extent the Three Judge Court referenced in subdivision
(a) issues an order or orders subsequent to the enactment of this
act, which eliminates the need to obtain the full amount of capacity
authorized by this act, or adjusts the date by which that capacity is
required, the Department of Finance shall report on the activities
and prepare and submit a fiscal estimate necessary to meet the
revised order or orders, to the Joint Legislative Budget Committee
and appropriate fiscal committees, within 15 days of the issuance of
the new order or orders.
(c) To the extent the fiscal estimate necessary to meet the
revised order or orders issued in the Three Judge Court proceedings
(2:90-cv-00520 LKK JFM P, C01-1351 TEH) is less than the three
hundred fifteen million dollars ($315,000,000) appropriated in this
section then, within 45 days of the order or orders, the Director of
Finance shall direct the Controller to transfer the first
seventy-five million dollars ($75,000,000) of those savings, as
determined in subdivision (b) to the Recidivism Reduction Fund. Any
additional savings shall be allocated as follows: 50 percent shall
revert to the General Fund and 50 percent shall be transferred to the
Recidivism Reduction Fund.
(d) (1) Not later than April 1, 2014, and again not later than
April 1, 2015, the Secretary of the Department of Corrections and
Rehabilitation shall submit a report to the Director of Finance and
the chairpersons and vice chairpersons of the committees in both
houses of the Legislature that consider the state budget, and to the
Assembly Committee on Public Safety and the Senate Committee on
Public Safety, detailing the number of inmates housed in leased beds
and in contracted beds both within and outside of the state pursuant
to the provisions of this act. The report shall provide the specific
number of inmates moved to each facility and shall identify all costs
associated with housing these inmates.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2017, pursuant to Section
10231.5 of the Government Code.
(3) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 23. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.