BILL ANALYSIS �
SB 105
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Date of Hearing: August 29, 2013
ASSEMBLY COMMITTEE ON BUDGET
Nancy Skinner, Chair
SB 105 (Budget and Fiscal Review Committee) - As Amended:
August 27, 2013
SENATE VOTE : Vote not relevant.
SUBJECT : Court Ordered Prison Population Reduction.
SUMMARY : Provides for statutory changes necessary to implement
the Governor's plan for immediate population reductions in
California State Correctional facilities and long-term solutions
that are cost effective and protect public safety.
Specifically, this bill :
1)Requires the Administration to immediately begin working with
stakeholders, including the Legislature, in developing
long-term cost effective solutions that protect public safety.
Requires the Administration to report to the Legislature on
these solutions no later than January 10, 2015 (approximately
16 months from the expected enactment of this bill).
2)Authorizes the California Department of Corrections and
Rehabilitation to transfer inmates to facilities outside of
California without the consent of the inmate. This provision
is repealed effective January 1, 2017.
3)Authorizes the state to act expeditiously in hiring current
employees of California City Correctional Center as employees
of the California Department of Corrections and
Rehabilitation. This provision is repealed effective January
1, 2017.
4)Authorizes the California Department of Corrections and
Rehabilitation to establish a correctional officer training
academy for the purpose of training correctional staff in
support of the California City Correctional Center. This
provision is repealed effective January 1, 2017.
5)Temporarily defines the California City Correctional Center in
California City as an agency or jurisdiction. This provision
is repealed effective January 1, 2017.
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6)Suspends the statutorily required closure of the California
Rehabilitation Center, located in Norco California, pending a
review of inmate housing capacity needs conducted by the
Department of Finance and the California Department of
Corrections and Rehabilitation.
7)Clarifies that all state inmates who remain housed in county
jails are under the sole legal custody and jurisdiction of the
Sheriff or corresponding official having jurisdiction over the
facility. This provision is repealed effective January 1,
2017.
8)Authorizes state inmates housed in local facilities to
participate in programs of the facility including but not
limited to work furlough rehabilitation programs upon notice
of the Secretary of Corrections. This provision is repealed
effective January 1, 2017.
9)Authorizes the state to act expeditiously in contracting with
private and public entities to house inmates inside of
California. This provision is repealed effective January 1,
2017.
10)Authorizes the state to act expeditiously in contracting with
private entities to house inmates outside of California. This
provision is repealed effective January 1, 2017.
11)Authorizes the state to act expeditiously in entering a lease
or operating agreement with private entities. Clarifies that
the provisions of Division 13 (commencing with Section 21000)
of the Public Resources Code (also known as CEQA) do not apply
to this provision. This provision is repealed effective
January 1, 2017.
12)Authorizes the Secretary of the California Department of
Corrections and Rehabilitation to waive any process,
regulation, requirement, reviews, or approvals required under
statutes related to procurement. This provision is repealed
effective January 1, 2017.
13)Specifies that all contractual obligations are subject to
Legislative appropriation.
14)Requires a report be submitted to the Department of Finance
and the Legislature detailing the number of inmates housed in
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leased and contracted beds, inside and outside of the state,
pursuant to the provisions of this act. Further, the report
shall provide the specific number of inmates moved to each
facility and shall identify all costs associated with housing
these inmates. This report must be submitted no later than
April 15, 2014 and again by April 15, 2015.
15)Contains a $315,000,000 (General Fund) appropriation allowing
this bill to take effect immediately upon enactment.
FISCAL EFFECT : This bill contains a $315,000,000 (General Fund)
appropriation to the California Department of Corrections and
Rehabilitation to fund the provisions of the bill.
COMMENTS : Pursuant to the June 20, 2013 order from the Federal
Three Judge Panel presiding over the Plata/Coleman v. Brown
case, California is required to reduce its prison population to
137.5% of system-wide design capacity by December 31, 2013.
The Governor's Plan, as contained in the provisions of this
measure will not result in the early release of a single inmate.
There are two basic components of the plan: an immediate plan
and a long-term plan. The immediate plan that will allow
California to comply with the Court's order, without releasing a
single inmate early. The long term plan will develop off of
existing reforms and develop additional evidence based, cost
effective solutions that protect public safety.
According to the Administration, the immediate plan will solve a
gap of approximately 12,500 inmates. This will be accomplished
with the following:
1.Maintaining, in out of state facilities, approximately 4,000
inmates that are currently out of state;
2.Housing approximately 1,100 inmates at Community Correctional
Facilities in California;
3.Housing approximately 1,000 inmates at the California City, a
private facility in California;
4.Housing approximately 600 inmates at county jails; and,
5.Housing the balance necessary at out of state facilities.
The goal will be to house as many inmates in state as possible.
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However, in order to increase the housing capacity as soon as
possible, it is likely that inmates will first be transferred
out of state before the in state options are fully available.
The long term plan will also begin immediately, with a process
involving stakeholders and the Legislature in assessing the
state prison system including capacity needs, population levels,
recidivism rates, and factors affecting crime levels. The
Administration is required to report to the Legislature in 16
months (January 10, 2015) on balanced solutions that are cost
effective and protect public safety.
It is important to note that the California prison population
has been reduced by 42,000 inmates since 2006.
REGISTERED SUPPORT / OPPOSITION :
Support
Butte County Sheriff's Office
Calaveras County Sheriff's Office
California Correctional Peace Officers Association
California District Attorneys Association
California Highway Patrol
California Police Chiefs Association
California State Association of Counties
California State Sheriffs' Association
California Narcotic Officers' Association
Chief Probation Officers of California
Crime Victims Action Alliance and Crime Victims United
County of Kings Sheriff's Office
Glenn County Sheriff's Office
League of California Cities
Los Angeles County Sheriff's Department
Mariposa County Sheriff's Office
Peace Officers Research Association of California
San Bernardino Associated Governments
San Bernardino County Sheriff's Department
San Benito County Sheriff's Office
Shasta County Office for the Sheriff
Opposition
ACLU of California
American Friends Service Committee
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A New PATH (Parents for Addiction Treatment and Healing)
California Partnership
Californians United for a Responsible Budget
Critical Resistance
Courage Campaign
Ella Baker Center for Human Rights
Legal Services for Prisoners with Children
National Association of Social Workers - California Chapter
PICO California
The Friends Committee on Legislation of California
Time for Change Foundation
Women's Foundation of California
Analysis Prepared by : Marvin Deon / BUDGET / (916) 319-2099