BILL ANALYSIS Ó
SB 105
Page 1
SENATE THIRD READING
SB 105 (Steinberg and Huff)
As Amended September 9, 2013
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE :Vote not relevant
BUDGET 23-0
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|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 |
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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.
2)Requires the Administration to submit an interim report to the
Legislature on these solutions no later than April 1, 2014,
(approximately seven months from the expected enactment of
this bill), followed by a more comprehensive report no later
than January 10, 2015. (approximately 16 months from the
expected enactment of this bill).
3)Updates the California Community Performance Incentive Act of
2009, SB 678 (Leno), Chapter 608, Statutes of 2009, to address
significant reductions in prison diversion program funding
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levels triggered primarily by the Public Safety Realignment of
2011. This change is expected to provide approximately $100
million to the state's probation departments supporting
increased utilization of evidence-based probation practices
intended to minimize prison commitments.
4)Clarifies that the amount of funding the California Department
of Corrections and Rehabilitation may expend to procure
additional inmate housing capacity shall not surpass the level
necessary to adhere to federal court orders and avoid the
early release of prison inmates.
5)Creates the Recidivism Reduction Fund in the State Treasury to
be available for appropriation by the Legislature for
activities aimed at reducing the state's prison population,
including, but not limited to, reducing recidivism.
6)Requires the Department of Finance to report to the
Legislature, within 15 days, if the court grants California
reprieve from a pending order to reduce the state's prison
population to 137.5% of system-wide design capacity by
December 31, 2013. The Department of Finance's report to the
Legislature must also include specific details on the
activities, including associated costs, necessary to comply
with the revised order.
7)Stipulates that if the amount of funding necessary to comply
with a revised court order is less than the $315 million
appropriated by this measure, the Director of Finance shall
direct the Controller to transfer the first $75 million of
such savings to the Recidivism Reduction Fund. Any additional
savings shall be allocated as follows: 50% shall revert to
the General Fund and 50% shall be transferred to the
Recidivism Reduction Fund.
8)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.
9)Defines, temporarily, the California City Correctional Center,
located in California City, as an agency or jurisdiction.
This provision is repealed effective January 1, 2017.
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10)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.
11)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.
12)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.
13)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.
14)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.
15)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
repealed effective January 1, 2017.
16)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.
17)Specifies that all contractual obligations are subject to
legislative appropriation.
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18)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.
19)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.
In response, the Governor proposed an immediate plan to comply
with the court's order, without relying on the early release of
prison inmates. In the days since the Governor released his
plan, there have been indications that the Three Judge Panel may
wish to modify the existing order rather than see the state
immediately expand inmate housing to comply with the existing
court order.
This bill contains the Governor's original plan to procure
additional inmate housing capacity in order to comply with the
Court's order to reduce California's prison population to 137.5%
of system-wide design capacity by December 31, 2013. This bill
also includes provisions added to ensure the state's ability to
quickly pivot if the court modifies the aforementioned capacity
limit and/or deadline. Specifically, the added provisions would
require the state to pinpoint savings realized from a reduced
need to procure additional inmate housing capacity and redirect
those savings toward efforts to reduce California's prison
population, including reducing recidivism.
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Moreover, if a modified order is issued by the panel, the
Administration would be required to report to the Legislature
within 15 days of an updated court order on how the plan would
be adjusted to comply with the court order - including updated
cost estimates. Further, within 45 days of receiving a modified
court order, the Director of Finance would be required to shift
the first $75 million of savings to the Recidivism Reduction
Fund to support prison population and recidivism reduction
efforts. Any remaining savings balance would be split equally
between the Recidivism Reduction Fund and the General Fund.
Absent a modified court order, the Governor's 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.
Regardless of whether the court order is modified or not, a much
broader discussion is needed to completely eliminate prison
overcrowding. The long term planning process will begin
immediately. It will include a process involving stakeholders
and the Legislature 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. In addition to the required January 10, 2015, report,
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this bill requires the administration to provide an April 1,
2014, "interim" report, intended to identify those proposals
that are fit to be included in the 2014-2015 Budget.
This bill also updates an existing prison diversion program,
authorized by SB 678 (Leno), Chapter 608, Statutes of 2009, by
providing additional incentive funding to counties in support of
supervision and services intended to further reduce prison
commitments.
It is important to note that the California prison population
has been reduced by 42,000 inmates since 2006, with most of this
reduction occurring after 2010.
Analysis Prepared by : Marvin Deon / BUDGET / (916) 319-2099
FN: 0002760