BILL ANALYSIS Ó 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 This provision is repealed effective January 1, 2017. 3)Authorizes the state to act expeditiously in hiring current employees of California City Correctional Center as employees of the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 This provision is repealed effective January 1, 2017. 4)Authorizes the California Department of Corrections and Rehabilitation to establish a correctional officer training academy for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 This provision is repealed effective January 1, 2017. 5)Temporarily defines the California City Correctional Center in California City as an agency or jurisdiction. This provision is repealed effective January 1, 2017. SB 105 Page 2 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 This provision is repealed effective January 1, 2017. 8)Authorizes state inmates housed in local facilities to participate in programs of the facility including but not limited to work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 SB 105 Page 3 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. SB 105 Page 4 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 Page 5 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