Amended in Assembly June 17, 2014

Amended in Assembly May 5, 2014

Amended in Senate January 29, 2014

Amended in Senate January 9, 2014

Senate Bill No. 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 begin delete for the purpose of facilitating a comprehensive and coordinated approach to delineate effective public safety and justice systems through the use of evidence-based practices, the promulgation of cost-benefit analyses of criminal justice legislation to promulgate a statewide plan for public safety, and the development of strategies based on data and science that reduce recidivism and hold offenders accountable. end delete begin insert and would require the institute to consult with certain entities, as specified, in order to conduct a cost-benefit analysis of, and to develop a ranking of, the effectiveness of crime prevention programs, rehabilitation programs, and recidivism reduction programs located in California. The bill would also authorized the institute to conduct additional research at the request of the Legislature. end insert This bill would request the University of California to house the institute. The bill would become operative after a determination by the Director of begin delete the Department of end delete 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 begin delete remain operative upon end delete begin insert be inoperative until end insert funding begin delete being end delete begin insert is end insert made available in the annual Budget Act, and would be repealed as of January 1, 2018.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:

SECTION 1.  

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

 

Chapter  4. California Institute for Criminal Justice
Policy

 

11480.  

The Legislature finds and declares all of the following:

(a) For the past 30 years, California’s criminal justice system
has experienced ongoing problems, including dangerous prison
overcrowding. In 2006, California’s prison population reached
173,000 inmates, at 202 percent of design capacity. State spending
on corrections increased by 31 percent in the last decade resulting
in reduced funding for higher education, health and social services,
and the courts and local law enforcement.

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

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

(d) Instituting best practices in the criminal justice system will
ultimately save the state money through reduced litigation costs.
A 2010 report by the Inspector General of California found that
the state paid more than begin delete $139 million end delete begin insert one hundred thirty- end insert begin insert nine
million dollars ($139,000,000) end insert between 1997 and 2010 in litigation
costs for 12 major class action cases associated with the treatment
of inmates and wards in the state. By addressing these issues in a
comprehensive manner, future lawsuits could be avoided, and the
costs of the existing ongoing litigation could be mitigated.

11480.01.  

begin insert (a) end insert begin insert   end insert There is hereby established in the state
government the California Institute for Criminal Justice Policy.

begin delete

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

end delete begin insert

(b) The California Institute for Criminal Justice Policy shall
consult with the University of California, with one or more
university-based programs with expertise in evaluating
rehabilitation programs, and with any other appropriate person
or entity, in order to conduct a cost-benefit analysis of, and to
develop a ranking of, the effectiveness of crime prevention
programs, rehabilitation programs, and recidivism reduction
programs located in California.

end insert begin insert

(c) The California Institute for Criminal Justice Policy may
conduct additional research at the request of the Legislature and,
in conducting that research, shall draw upon its repository of
useful studies.

end insert

11481.  

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

11483.  

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

(b) Once the funds deposited with the state and determined by
the director to be sufficient to fully support the startup and
operational activities of the California Institute for Criminal Justice
Policy for one year from the date of implementation, pursuant to
subdivision (a), have been expended, this chapter shall begin delete remain
operative upon end delete begin insert be inoperative until end insert an appropriation begin delete being end delete begin insert is end insert made
in the annual Budget Act to implement the purposes, objectives,
and operations of the California Institute for Criminal Justice
Policy.

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