BILL ANALYSIS Ó
SB 466
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Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
SB 466 (DeSaulnier) - As Amended: June 17, 2014
SENATE VOTE : 28-6
SUBJECT : California Institute for Criminal Justice Policy.
SUMMARY : Establishes the California Institute for Criminal
Justice Policy (Institute) and requests the Institute be housed
within the University of California (UC). Specifically, this
bill :
1)Finds and declares that California's criminal justice system
has experienced ongoing problems and that the state needs an
independent data-driven institute to promulgate best practices
in criminal justice and guide the state in a transition to
evidence based practices.
2)Establishes the Institute within state government to consult
with the UC, one or more university-based programs with
expertise in evaluation of rehabilitation programs, and any
other appropriate person or entity to conduct a cost-benefit
analysis and develop a ranking on the effectiveness of crime
prevention, rehabilitation, and recidivism reduction programs
in California, or any other research as requested by the
Legislature.
3)Expresses a request from the Legislature that the UC house the
Institute to facilitate independent nonpartisan research.
4)Provides for operation of this law only after the Director of
the Department of Finance has determined private funds in an
amount necessary to fully support the startup and one year of
operational activities of the Institute have been deposited
with the state.
5)Provides that the law will remain operative after the first
year, but only until January 1, 2018, unless extended by
subsequent legislation, upon appropriation in the annual
Budget Act.
EXISTING LAW establishes UC as a public trust and confers upon
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the Regents of UC the full powers of its organization and
government, subject only to legislative controls that may be
necessary to ensure the security of its funds and compliance
with the terms of its endowments.
FISCAL EFFECT : Unknown. According to the Senate Appropriations
Committee, potentially significant one-time start-up costs to
establish the institute. Annual costs through 2017 potentially
in excess of $2 million for staffing, actuarial services,
faculty contributors and reviewers, and overhead costs. The
annual costs assume the UC is able to provide facility space for
institute staff as an in-kind contribution.
It should be noted that this bill is contingent on private
funding for the first year of start- up cost and from the annual
Budget Act thereafter, until January 1, 2018.
COMMENTS : Double-referral . This bill was heard and approved
by a vote of 7-0 in the Assembly Public Safety Committee on June
10, 2014.
Purpose of this bill . According to the author, for the past 30
years, California's criminal justice system has faced ongoing
problems. Our prisons have been dangerously overcrowded, hitting
a peak of 173,000 inmates in 2006. The implementation of parole
reform in 2009 and Public Safety Realignment in 2011 have
significantly reduced prison population numbers 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 evidenced-based practices
to increase safety and reduce costs." The author believes that
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.
Constitutionally Allowable Legislative Controls Over UC : The
California Constitution (Section 9 of Article IX) establishes UC
as a public trust and confers the full powers of the UC upon the
UC Regents. The Constitution establishes that the UC is subject
to legislative control only to the degree necessary to ensure
the security of its funds and compliance with the terms of its
endowments. Judicial decisions have held that there are three
additional areas in which there may be limited legislative
intrusion into university operations: authority over the
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appropriation of state moneys; exercise of the general police
power to provide for the public health, safety and welfare; and,
legislation on matters of general statewide concern not
involving internal university affairs. This bill requests, but
does not attempt to require, UC to house the Institute. UC has
not taken a position on this measure.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960