Senate Bill No. 199

Introduced by Senator De León

February 7, 2013

An act to amend Sections 1230 and 1230.1 of the Penal Code, relating to community corrections.

LEGISLATIVE COUNSEL’S DIGEST

SB 199, as introduced, De León. Probation: community corrections.

Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive state moneys to implement a community corrections program consisting of a system of felony probation supervision services to, among other things, manage and reduce offender risk while under felony probation supervision and upon reentry from jail into the community. Existing law requires a community corrections program to be implemented by probation and advised by a local Community Corrections Partnership, consisting of specified members, including, but not limited to, the sheriff and a chief of police. Existing law requires a Community Corrections Partnership to recommend a local plan to the county board of supervisors for the implementation of public safety realignment.

This bill would add a rank-and-file deputy sheriff or a rank-and-file police officer, and a rank-and-file probation officer or a deputy probation officer, each to be appointed by a local labor organization, to the membership of a Community Corrections Partnership. The bill would require the vote of the rank-and-file deputy sheriff or rank-and-file police officer, and the rank-and-file probation officer or a deputy probation officer, on the local plan.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1230 of the Penal Code is amended to
read:

1230.  

(a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentives
Fund (CCPIF), to receive all amounts allocated to that county for
purposes of implementing this chapter.

(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the moneys,
including begin delete any end delete interest, shall be made available to the CPO of that
county, within 30 days of the deposit of those moneys into the
fund, for the implementation of the community corrections program
authorized by this chapter.

(1) The community corrections program shall be developed and
implemented by probation and advised by a local Community
Corrections Partnership.

(2) The local Community Corrections Partnership shall be
chaired by the CPO and comprised of the following membership:

(A) The presiding judge of the superior court, or his or her
designee.

(B) A county supervisor or the chief administrative officer for
the county or a designee of the board of supervisors.

(C) The district attorney.

(D) The public defender.

(E) The sheriff.

begin insert

(F) A rank-and-file deputy sheriff or a rank-and-file police
officer, appointed by the local labor organization.

end insert begin delete

(F)

end delete

begin insert (G) end insert  A chief of police.

begin insert

(H) A rank-and-file probation officer or a deputy probation
officer, appointed by the local labor organization.

end insert begin delete

(G)

end delete

begin insert (I) end insert  The head of the county department of social services.

begin delete

(H)

end delete

begin insert (J) end insert  The head of the county department of mental health.

begin delete

(I)

end delete

begin insert (K) end insert  The head of the county department of employment.

begin delete

(J)

end delete

begin insert (L) end insert  The head of the county alcohol and substance abuse
programs.

begin delete

(K)

end delete

begin insert (M) end insert  The head of the county office of education.

begin delete

(L)

end delete

begin insert (N) end insert  A representative from a community-based organization
with experience in successfully providing rehabilitative services
to persons who have been convicted of a criminal offense.

begin delete

(M)

end delete

begin insert (O) end insert  An individual who represents the interests of victims.

(3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to probation, and shall be spent on
evidence-based community corrections practices and programs,
as defined in subdivision (d) of Section 1229, which may include,
but are not limited to, the following:

(A) Implementing and expanding evidence-based risk and needs
assessments.

(B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative
justice programs, work furlough programs, and incarceration in
county jail for up to 90 days.

(C) Providing more intensive probation supervision.

(D) Expanding the availability of evidence-based rehabilitation
begin delete programs end delete begin insert programs, end insert including, but not limited to, drug and alcohol
treatment, mental health treatment, anger management, cognitive
behavior programs, and job training and employment services.

(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.

(4) The CPO shall have discretion to spend funds on any of the
above practices and programs consistent with this act but, at a
minimum, shall devote at least 5 percent of all funding received
to evaluate the effectiveness of those programs and practices
implemented with the funds provided pursuant to this chapter. A
CPO may petition the Administrative Office of the Courts to have
this restriction waived, and the Administrative Office of the Courts
shall have the authority to grant begin delete such a end delete begin insert that end insert petition, if the CPO
can demonstrate that the department is already devoting sufficient
funds to the evaluation of these programs and practices.

(5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.

SEC. 2.  

Section 1230.1 of the Penal Code is amended to read:

1230.1.  

(a) Each county local Community Corrections
Partnership established pursuant to subdivision (b) of Section 1230
shall recommend a local plan to the county board of supervisors
for the implementation of the 2011 public safety realignment.

(b) The plan shall be voted on by an executive committee of
each county’s Community Corrections Partnership consisting of
the chief probation officer of the county as chair, a chief of police,
the sheriff, begin insert a rank-and-file deputy sheriff or a rank-and-file police
officer, end insert the begin delete District Attorney, end delete begin insert district attorney, end insert the begin delete Public Defender, end delete
begin insert public defender, end insert the presiding judge of the superior court, or his
or her designee, begin insert a rank-and-file probation officer or a deputy
probation officer, end insert and one department representative listed in either
subparagraph begin delete (G), (H), end delete begin insert (I), (J), end insert or begin delete (J) end delete begin insert (L) end insert of paragraph (2) of
subdivision (b) of Section 1230, as designated by the county board
of supervisors for purposes related to the development and
presentation of the plan.

(c) The plan shall be deemed accepted by the county board of
supervisors unless the board rejects the plan by a vote of four-fifths
of the board, in which case the plan goes back to the Community
Corrections Partnership for further consideration.

(d) Consistent with local needs and resources, the plan may
include recommendations to maximize the effective investment
of criminal justice resources in evidence-based correctional
sanctions and programs, including, but not limited to, day reporting
centers, drug courts, residential multiservice centers, mental health
treatment programs, electronic and GPS monitoring programs,
victim restitution programs, counseling programs, community
service programs, educational programs, and work training
programs.

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CORRECTIONS:

Digest Text--Page 1.

Text--Page 2.

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