BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 105
                                                                  Page  1

          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            is repealed effective January 1, 2017.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  This provision is repealed effective January  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            provision is repealed effective January 1, 2017.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 







                                                                  SB 105
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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