Amended in Senate January 29, 2014

Amended in Senate January 9, 2014

Senate BillNo. 466


Introduced by Senator DeSaulnier

(Coauthor: Senator Wolk)

February 21, 2013


An act to add and repeal Chapter 4 (commencing with Section 11480) of Title 1 of Part 4 of the Penal Code, relating to the California Institute for Criminal Justice Policy.

LEGISLATIVE COUNSEL’S DIGEST

SB 466, as amended, DeSaulnier. California Institute for Criminal Justice Policy.

Existing law requires the California Law Revision Commission to study, and limits the commission to studying, topics approved by resolution of the Legislature. Existing law requires the commission to examine statutes to discover defects and recommend reforms.

This bill would establish the California Institute for Criminal Justice Policy. This bill would request the University of California to house the institute. This bill would require the institute to conduct a cost-benefit, evidence-based analysis for each pending legislative measure relating to criminal justice and supply the analysis to the appropriate policy and fiscal committees in the Legislature as soon as practicable and not later than 60 days after receiving a request to produce an analysis from a committee. The bill would become operativebegin insert after a determination by the Director of the Department of Finance that sufficient private funds have been deposited with the state to fully support the startup and operational activities of the institute for one year, would remain operativeend insert upon funding being made available in the annual Budget Act, and would be repealed as of January 1, 2018.

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

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

P2    1

SECTION 1.  

Chapter 4 (commencing with Section 11480) is
2added to Title 1 of Part 4 of the Penal Code, to read:

3 

4Chapter  4. California Institute for Criminal Justice
5Policy
6

 

7

11480.  

The Legislature finds and declares all of the following:

8(a) For the past 30 years, California’s criminal justice system
9has experienced ongoing problems, including dangerous prison
10overcrowding. In 2006, California’s prison population reached
11173,000 inmates, at 202 percent of design capacity. State spending
12on corrections increased by 31 percent in the last decade resulting
13in reduced funding for higher education, health and social services,
14and the courts and local law enforcement.

15(b) Parole reform in 2009 and the 2011 Public Safety
16Realignment significantly reduced prison populations for the first
17time in decades. Nonetheless, prisons are still over capacity, jail
18expansion is increasing across the state, and too few justice system
19entities have embraced evidence-based practices to increase safety
20and reduce criminal justice costs.

21(c) California needs an independent data-driven institution to
22promulgate best practices in criminal justice and guide the state
23in a transition from a problem-plagued justice system to
24evidence-based practices. A dedicated, independent institute can
25carry out nonpartisan practical research to address the continuing
26issues in the criminal justice system and delineate models for
27effective public safety and justice systems.

28(d) Instituting best practices in the criminal justice system will
29ultimately save the state money through reduced litigation costs.
30A 2010 report by the Inspector General of California found that
31the state paid more than $139 million between 1997 and 2010 in
32litigation costs for 12 major class action cases associated with the
33treatment of inmates and wards in the state. By addressing these
P3    1issues in a comprehensive manner, future lawsuits could be
2avoided, and the costs of the existing ongoing litigation could be
3mitigated.

4

11480.01.  

There is hereby established in the state government
5the California Institute for Criminal Justice Policy.

6The purposes of the institute shall include, but need not be
7limited to, the facilitation of a comprehensive and coordinated
8approach to delineate effective public safety and justice systems
9through the use of evidence-based practices, the promulgation of
10cost-benefit analyses of criminal justice legislation to promulgate
11a statewide plan for public safety, and the development of strategies
12based on data and science that reduce recidivism and hold offenders
13accountable.

14

11481.  

The Legislature requests that the University of
15California house the California Institute for Criminal Justice Policy
16to facilitate independent and nonpartisan research on issues related
17to criminal justice and public safety by experts in the University
18of California system and beyond.

19

11482.  

(a) The California Institute for Criminal Justice Policy
20shall conduct a cost-benefit analysis for each pending legislative
21measure relating to criminal justice.

22(b) The California Institute for Criminal Justice Policy shall
23include in an analysis a determination of the potential effectiveness
24of the policy based on evidence in the field of criminal justice.

25(c) The California Institute for Criminal Justice Policy shall
26provide that analysis to the appropriate legislative policy and fiscal
27committee as soon as practicable and not later than 60 days after
28receiving a request to produce an analysis from a committee.

29

11483.  

(a) This chapter shall become operativebegin delete uponend deletebegin insert only after
30the Director of the Department of Finance determines that private
31funds, in an amount sufficient to fully support the startup and
32operational activities of the California Institute for Criminal Justice
33Policy for one year from the date of implementation, have been
34deposited with the state. If the director determines that sufficient
35funding has been secured to support those activities, he or she
36shall file a written statement with the Secretary of the Senate, the
37Chief Clerk of the Assembly, and the Legislative Counsel
38memorializing that determination has been made.end insert

39begin insert(b)end insertbegin insertend insertbegin insertOnce the funds deposited with the state and determined by
40the director to be sufficient to fully support the startup and
P4    1operational activities of the California Institute for Criminal Justice
2Policy for one year from the date of implementation, pursuant to
3subdivision (a), have been expended, this chapter shall remain
4operative uponend insert
an appropriation being made in the annual Budget
5Act to implement the purposes, objectives, and operations of the
6California Institute for Criminal Justice Policy.

begin delete

7(b)

end delete

8begin insert(c)end insert This chapter shall remain in effect only until January 1, 2018,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2018, deletes or extends that date.



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