BILL ANALYSIS Ó
SB 105
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SENATE THIRD READING
SB 105 (Emmerson and Knight)
As Amended September 3, 2013
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE :Vote not relevant
BUDGET 23-0
--------------------------------
|Ayes:|Skinner, Gorell, Bloom, |
| |Campos, Chávez, Chesbro, |
| |Daly, Dickinson, Gordon, |
| |Harkey, Jones-Sawyer, |
| |Mansoor, Melendez, |
| |Mitchell, Morrell, |
| |Mullin, Muratsuchi, |
| |Nazarian, Nestande, |
| |Patterson, Stone, Ting, |
| |Wagner |
| | |
--------------------------------
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 private correctional
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 This provision is repealed effective January 1, 2017.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
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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 This provision is repealed effective January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provision is repealed effective January 1, 2017.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)Defines, temporarily, the California City Correctional Center,
located in California City, as an agency or jurisdiction.
This provision is repealed effective January 1, 2017.
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 inside
California. Clarifies that the provisions of Division 13
(commencing with Section 21000) of the Public Resources Code
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(also known as the California Environmental Quality Act
(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
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 million (General Fund) appropriation allowing
this bill to take effect immediately upon enactment.
FISCAL EFFECT : This bill contains a $315 million (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 Nos. C01-1351 TEH (N.D. Cal.) and 2:90-cv-0520 LKK
JFM P (E.D. Cal.), 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 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
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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 in Community Correctional
Facilities in California;
3)Housing approximately 1,000 inmates at the California City
Correctional Facility, a private facility in California City,
California;
4)Housing approximately 600 inmates at county jails; and,
5)Housing the balance necessary in out-of-state facilities.
The goal will be to house as many inmates in state as possible.
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.
Analysis Prepared by : Marvin Deon / BUDGET / (916) 319-2099
FN: 0002250
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