BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1745


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          Date of Hearing:  April 19, 2016
          Counsel:               David Billingsley


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                     1745 (Hadley) - As Introduced  February 1, 2016




          SUMMARY:  Appropriates $85,000,000 from the General Fund in the  
          State Treasury to be allocated by the State Controller to each  
          city's and city and county's Supplemental Law Enforcement  
          Services Account (SLESA) for local agencies to use for  
          front-line law enforcement activities, including drug  
          interdiction, antigang, community crime prevention, and juvenile  
          justice programs. Specifically, this bill:  

          1)Specifies that the sum of eighty-five million dollars  
            ($85,000,000) is appropriated from the General Fund in the  
            State Treasury for allocation by the State Controller to the  
            counties for law enforcement purposes. 


          2)Requires the Controller to allocate those moneys to each  
            SLESA, established by each county and city and county,  
            consistent with the percentage schedule developed by the  
            Department of Finance.


          3)Mandates that in any fiscal year in which a county receives  
            moneys to be expended, as specified, the county auditor shall  
            allocate the moneys received as specified and deposited in the  








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            county's SLESA within 30 days of the deposit of those moneys  
            into the fund.


          4)Requires the specified SLESA related money to be allocated to  
            the county and the cities within the county, as specified. 


          5)Requires moneys allocated to the county, as specified, to be  
            retained in the county SLESA, and moneys allocated to a city,  
            as specified to be deposited an SLESA established in the city  
            treasury.


          6)Mandates that funds received, as specified, shall be expended  
            or encumbered, as specified, no later than June 30 of the  
            following fiscal year.


          7)Requires money allocated from a SLESA to a recipient entity to  
            be expended exclusively to provide front-line law enforcement  
            services and those moneys shall not be used by a local agency  
            to supplant other funding for Public Safety Services, as  
            defined.


          8)Allows funding received as specified, is to be used for any of  
            the following:


             a)   Drug interdiction programs;


             b)   Acquisition, maintenance, and training related to the  
               use of body-worn cameras; 


             c)   Costs, including personnel costs, related to peace  
               officer training, including training relating to the  
               instruction in the handling of persons with developmental  
               disabilities or mental illness, or both; and









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             d)   Other front-line law enforcement services.


          9)States that in no event shall any moneys allocated from the  
            county's SLESA, as specified, be expended by a recipient  
            agency to fund administrative overhead costs in excess of 0.5  
            percent of a recipient entity's SLESA allocation, as  
            specified, for that year.


          10)Specifies that "front-line law enforcement services" includes  
            antigang, community crime prevention, and juvenile justice  
            programs.

          EXISTING LAW:  

          1)Specifies that there shall be established in each county  
            treasury a Supplemental Law Enforcement Services Account  
            (SLESA), to receive all amounts allocated to specified law  
            enforcement purposes. (Gov. Code, § 30061, subd. (a).)


          2)States that in any fiscal year for which a county receives  
            moneys to be expended for the implementation of this chapter,  
            the county auditor shall allocate the moneys in the county's  
            SLESA within 30 days of the deposit of those moneys into the  
            fund and allocated as follows:


             a)   Five and fifteen-hundredths percent to the county  
               sheriff for county jail construction and operation. (Gov.  
               Code, § 30061, subd. (b)(1).)


             b)   Five and fifteen-hundredths percent to the district  
               attorney for criminal prosecution. (Gov. Code, § 30061,  
               subd. (b)(2).)


             c)   Thirty-nine and seven-tenths percent to the county and  
               the cities within the county, and, other agencies and  








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               jurisdictions, as specified. (Gov. Code, § 30061, subd.  
               (b)(3).)


             d)   Moneys allocated to the county, as specified, shall be  
               retained in the county SLESA, and moneys allocated to a  
               city, as specified, shall be deposited in an SLESA  
               established in the city treasury. (Gov. Code, § 30061,  
               subd. (b)(3).)


             e)   Fifty percent to the county or city and county to  
               implement a comprehensive multiagency juvenile justice  
               plan, as specified.  The juvenile justice plan shall be  
               developed by the local juvenile justice coordinating  
               council in each county and city and county with the  
               membership, as specified.  If a plan has been previously  
               approved by the Corrections Standards Authority or,  
               commencing July 1, 2012, by the Board of State and  
               Community Corrections, the plan shall be reviewed and  
               modified annually by the council.  The plan or modified  
               plan shall be approved by the county board of supervisors,  
               and in the case of a city and county, the plan shall also  
               be approved by the mayor.  The plan or modified plan shall  
               be submitted to the Board of State and Community  
               Corrections by May 1 of each year. (Gov. Code, § 30061,  
               subd. (b)(4).)



          3)Specifies that for each fiscal year in which the county, each  
            city, and specified agencies and jurisdictions receive money  
            for SLESA, the county, each city, and each district specified  
            in this subdivision shall appropriate those moneys in  
            accordance with the following procedures:


             a)   In the case of the county, the county board of  
               supervisors shall appropriate existing and anticipated  
               moneys exclusively to provide frontline law enforcement  
               services, as specified; (Gov. Code, § 30061, subd. (c)(1).)









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             b)   In the case of a city, the city council shall  
               appropriate existing and anticipated moneys exclusively to  
               fund frontline municipal police services, in accordance  
               with written requests submitted by the chief of police of  
               that city or the chief administrator of the law enforcement  
               agency that provides police services for that city; and  
               (Gov. Code, § 30061, subd. (c)(2).)


             c)   In the case of specified districts, the legislative body  
               of that special district shall appropriate existing and  
               anticipated moneys exclusively to fund frontline municipal  
               police services, in accordance with written requests  
               submitted by the chief administrator of the law enforcement  
               agency that provides police services for that special  
               district. (Gov. Code, § 30061, subd. (c)(3).)


          4)States that for each fiscal year in which the county, a city,  
            or specified district receives any money, as specified, in no  
            event shall the governing body of any of those recipient  
            agencies subsequently alter any previous, valid appropriation  
            by that body, for that same fiscal year, of moneys allocated  
            to the county or city, as specified. (Gov. Code, § 30061,  
            subd. (d).)


          5)Specifies that commencing with the 2013-14 fiscal year,  
            subsequent to the allocation as specified, the Controller  
            shall allocate 23.54363596 percent the remaining amount  
            deposited in the Enhancing Law Enforcement Activities  
            Subaccount in the Local Revenue Fund 2011 for the specified  
            purposes, and, subsequent to the allocation, as specified,  
            shall allocate 23.54363596 percent of the remaining amount for  
            specified purposes. (Gov. Code, § 30061, subd. (g).)


          6)Provides that the Controller shall allocate the specified  
            funds in monthly installments to local jurisdictions for  
            public safety in accordance with this section as annually  
            calculated by the Director of Finance. (Gov. Code, § 30061,  








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            subd. (g).)



          7)Orders the county auditor to redirect unspent funds that were  
            remitted after July 1, 2012, by a local agency to the County  
            Enhancing Law Enforcement Activities Subaccount to the local  
            agency that remitted the unspent funds in an amount equal to  
            the amount remitted. (Gov. Code, § 30061, subd. (j).)

          8)States that except as specified, moneys allocated from a  
            Supplemental Law Enforcement Services Account (SLESA) to a  
            recipient entity shall be expended exclusively to provide  
            front line law enforcement services. (Gov. Code, § 30062,  
            subd. (a).)


          9)Specifies that moneys from SLESA shall not be transferred to,  
            or intermingled with, the moneys in any other fund in the  
            county or city treasury, except that moneys may be transferred  
            from the SLESA to the county's or city's general fund to the  
            extent necessary to facilitate the appropriation and  
            expenditure of those transferred moneys in the manner  
            required. (Gov. Code, § 30063.)
          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "Law enforcement  
            officers put their lives on the line to protect our  
            communities; AB 1745 is the first step to protect them and our  
            community from the budget stress we and the recent U.S. DOJ  
            decision have placed upon them."


          2)Supplemental Law Enforcement Services Account (SLESA):   
            Assembly Bill 3229 (Lockyer), Chapter 134, Statutes of 1996,  
            established the Citizen's Option for Public Safety (COPS)  
            Program. Compliant cities are allocated a proportionate share  
            of COPS funds by the State, for the exclusive purpose of  
            funding supplemental law enforcement services. Proportionate  
            shares are based on population estimates determined by the  








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            California Department of Finance.


          3)Federal DOJ has Resumed the Equitable Sharing Program:   In  
            December of 2015, The Federal Department of Justice (DOJ)  
            announced that it was suspending its equitable sharing  
            program.  Equitable sharing was a program in which local law  
            enforcement agencies received money from the federal  
            forfeiture actions of property seized from individuals.  The  
            program sent a portion of the money (up to 80%) from  
            forfeitures directly to local law enforcement agencies that  
            had been involved in the seizure.  The author had estimated  
            that the suspension of equitable sharing would result in  
            approximately $85 million in lost revenue for California law  
            enforcement agencies, based on 2014 receipts.  However, DOJ  
            has recently announced that it is resuming the equitable  
            sharing program.

          On March 28, 2016, Peter Carr, a spokesman for the Federal DOJ  
            stated, "In the months since we made the difficult decision to  
            defer equitable sharing payments because of the $1.2 billion  
            rescinded from the Asset Forfeiture Fund, the financial  
            solvency of the fund has improved to the point where it is no  
            longer necessary to continue deferring equitable sharing  
            payments." 

          To the extent that the loss of equitable sharing funds was the  
            basis for requesting an $85 million appropriation to be used  
            for local law enforcement, there is no longer a concern about  
            that potential loss of revenue.  
           
          4)Law Enforcement Primarily Funded at the Local Level:  Police  
            protection constitutes less than 1% of direct expenditures by  
            the state but accounts for 6.6% and 14.1%, at the county and  
            city levels, respectively.  Local police protection is funded  
            by property, business, and sales taxes; federal and state  
            grants; local fees and fines; and voter-approved increases in  
            general and special sales taxes.  For example, voters recently  
            approved a three-quarter cent sales tax increase in the city  
            of Stockton, with most of that money going toward hiring 120  
            police officers over the next three years.  In 2010,  
            California law enforcement agencies spent $15.6 billion for  








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            police protection, slightly more than the $14.8 billion the  
            state and the counties spent on corrections.  PPIC (2013),  
            Policing in California  
            (  http://www.ppic.org/main/publication_show.asp?i=1081)
           
          5)Investing in Law Enforcement: A review of academic research by  
            the Chief Justice Earl Warren Institute on Law and Policy led  
            to a conclusion that channeling resources to law enforcement  
            as opposed to corrections was an effective allocation of  
            resources. (Fact Sheet:  Police, Prisons, and Public Safety in  
            California, April, 2013, The Chief Justice Earl Warren Law  
            Institute on Law and Social Policy, University of California,  
            Berkeley School of Law.)

          "There is mounting research that suggests that investing in  
            police rather than expanding corrections is a more effective  
            public safety strategy - a matter of prevention rather than  
            reaction." (Id.)

            The Institute noted that police departments across the state  
            had been shrinking and that a review of the literature  
            suggested that larger numbers of police officers corresponded  
            with lower levels of crime. (Id.) 

          6)Argument in Support:  According to the City of Torrance,  
            "Funding for local law enforcement programs has not kept pace  
            with statewide growth in population or inflation.  What was  
            once funding of $489.9 million has increased to $549.1  
            million.  However, based on increases in the State  
            Appropriations Limit since 2006-07, funding should be 28.82%  
            higher, or $85 million above current levels.

          "Additionally, a letter dated December 21, 2015 from the U.S.  
            Department of Justice stated that, for the foreseeable future,  
            the Department would be halting equitable funding payments to  
            state, local and tribal law enforcement partners.  For  
            California law enforcement agencies, this will result in  
            approximately $85 million in lost revenue based on 2014  
            receipts.

          "AB 1745, the BADGE Funding bill will appropriate $85 million  
            from the State's General Fund to fully fund law enforcement.   








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            The State's policy of shifting offenders into the jurisdiction  
            of local law enforcement under Realignment to reduce State  
            costs, coupled with recent federal DOJ decision to halt  
            equitable funding from asset forfeitures, will result in the  
            lack of adequate funding for recidivism reduction programs,  
            drug and gang enforcement, training of officers, and  
            purchasing necessary equipment or new technology like body  
            cameras."

          7)Argument in Opposition:  According to Legal Services for  
            Prisoners with Children, "While we understand the seriousness  
            of gang violence, drug addiction, and the importance of safe  
            neighborhoods and schools being addressed by this bill; we  
            believe that this bill would waste valuable resources that  
            could be better spent.  Law enforcement has a significant  
            amount of power and resources.  Given California's strapped  
            budget, this costly measure is unjustified and unwarranted.   
            We at LSPC believe that if the Legislature seeks to fund a  
            program designed for the welfare of communities, the resources  
            proposed should be used to implement programs for the most  
            vulnerable.  There would be less crime if there were more  
            resources for these underserved communities; AB 1745 is not  
            going to do this.  Instead, it is asking to allocate  
            $85,000,000 to "front-line law enforcement services" that will  
            continue criminalizing underserved communities and imprisoning  
            them.  Rather than pass this bill, the Legislature should  
            direct its time and budget towards school support, teacher  
            training, juvenile diversion, mental health services,  
            shelters, and community support."

          8)Prior Legislation:  

             a)   SB 144 (Cannella), of the 2012-2013 Legislative Session,  
               would have appropriated $819,857,000 from the General Fund  
               to the Realignment Reinvestment Fund.  SB 144 was held in  
               the Senate Committee on Budget and Fiscal Review.

             b)   SB 1023 (Budget Committee), Chapter 43, Statutes of  
               2012, removed the reporting requirement to the State  
               Controller for Supplemental Law Enforcement Oversight  
               Committees.









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             c)   AB 3229 (Brulte), Chapter 134, Statutes of 1996,  
               established the Citizen's Option for Public Safety (COPS)  
               Program.

          REGISTERED SUPPORT / OPPOSITION:

          Support

          California District Attorneys Association
          California Peace Officers Association
          City of Palos Verdes Estates 
          City of Rolling Hills Estates
          City of Torrance
          Law Center to Prevent Gun Violence

          Opposition
          
          Legal Services for Prisoners with Children  

          Analysis Prepared  
          by:              David Billingsley / PUB. S. / (916) 319-3744