BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 105
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          SENATE THIRD READING
          SB 105 (Knight and Emmerson)
          As Amended  September 6, 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  This provision is repealed effective January 1, 2017.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  
            Rehabilitation.  This provision is repealed effective January  








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            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  
            (also known as the California Environmental Quality Act  
            (CEQA)) do not apply to this provision.  This provision is  








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            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 1, 2014, and again by April 1, 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  
          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  








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          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


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