BILL NUMBER: AB 1998 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 16, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Campos
(Coauthors: Assembly Members Cristina Garcia and Gonzalez)
FEBRUARY 16, 2016
An act to amend Section 30061 of the Government Code, to add
Section 6033 to the Penal Code, and to amend Sections 1961
and 1962 of Section 1961 of, and to repeal and add
Section 1962 of, the Welfare and Institutions Code, relating to
juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1998, as amended, Campos. Juveniles: data collection.
Existing law establishes in each county treasury a Supplemental
Law Enforcement Services Account (SLESA) to fund specified local
programs related to corrections. Existing law requires that 50% of
the moneys received into the county SLESA be allocated to implement a
comprehensive multiagency juvenile justice plan developed by the
local juvenile justice coordinating council in each county or city
and county, and approved by the Board of State and Community
Corrections (Board). (board). Existing
law requires the juvenile justice plans to include specified
assessments of services and strategies to assist at-risk juveniles.
This bill would recast those requirements to also include, among
other things, a description of the programs, strategies, and system
enhancements proposed to be funded by the county SLESA. The bill
would delete the requirement that the Board
board review the plan, and would instead require annual review
and updating of the plan by the local juvenile justice coordinating
council in a format specified by the Board,
board, and annual reports by the county or city and county to
the county board of supervisors and to the Board
board on the programs, strategies, and system enhancements
funded by the county SLESA and expenditures for those purposes. The
bill would require the Board board to
compile those local reports summarizing the programs, strategies, and
system enhancements and related expenditures made by each county and
city and county and to report that data annually to the Governor and
the Legislature. The bill would require the Board
board to post on its Internet Web site a description or
summary of the programs, strategies, or system enhancements from the
local reports and to post the annual report. The bill would authorize
the local reports and the annual report to be consolidated with
certain reports pertaining to the Youthful Offender Block Grant
program. By imposing additional duties on local entities, this bill
would impose a state-mandated local program.
Existing law establishes, within the Board,
board, the California Juvenile Justice Data Working Group,
as provided. Existing law requires the working group to, among other
things, analyze the capacities and limitations of the data systems
and networks used to collect and report state and local juvenile
caseload and outcome data and prepare and submit a report to the
Legislature, as specified.
This bill would require the Board, board,
by January 1, 2018, to develop recommendations on best
practices and standardizations
standardization for counties on how to disaggregate juvenile
justice caseload and performance and outcome data by race and
ethnicity.
Existing law requires each county to prepare and submit a Juvenile
Justice Development Plan to the Corrections Standards Authority on
or before May 1 of each year for approval.
This bill would require the Juvenile Justice Development Plan to
be submitted to the Board board instead
of the Corrections Standards Authority and would recast the report
requirements to include proposed programs, strategies, or system
enhancements to be funded by the Youthful Offender Block Grant Fund.
The bill would require the Juvenile Justice Development Plan to be
consolidated with the comprehensive multiagency juvenile justice
plans created by the local councils for funding from county
SLEAs, SLESAs, as described above. The bill
would require annual reports by counties regarding the use of the
block grant funds be submitted to the Board,
board, instead of the authority. The bill would require annual
reports to the Governor and the Legislature by the Board
board regarding the programs, strategies, and
system enhancements supported by the block grants, and posting of
those annual reports on the Board's board's
Internet Web site. The bill would make additional conforming
changes. By imposing additional reporting duties on local government
entities, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act consolidates the submission of
reports required by counties by paragraph (4) of subdivision (b) of
Section 30061 of the Government Code and Section 1961 of the Welfare
and Institutions Code, as those sections read prior to the enactment
of this act. The act streamlines county reporting requirements,
eliminates duplicative reporting requirements, substitutes other
reporting requirements, and allows counties to utilize existing
available data instead of generating new data. As such, the
Legislature finds and declares that changes to the reporting
requirements in this measure do not constitute a higher level of
service within the meaning of paragraph (4) of subdivision (c) of
Section 36 of Article XIII of the California Constitution.
SECTION 1. SEC. 2. Section 30061 of
the Government Code is amended to read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Account (SLESA), to receive all
amounts allocated to a 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 county auditor
shall allocate the moneys in the county's SLESA within 30 days of the
deposit of those moneys into the fund. The moneys shall be allocated
as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide, except as provided in subdivision (i), a grant
of at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. For a newly incorporated city whose
population estimate is not published by the Department of Finance,
but that was incorporated prior to July 1 of the fiscal year in which
an allocation from the SLESA is to be made, the city manager, or an
appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESA is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. Except as provided in subdivision (i), the county
auditor shall allocate a grant of at least one hundred thousand
dollars ($100,000) to each law enforcement jurisdiction. Moneys
allocated to the county pursuant to this subdivision shall be
retained in the county SLESA, and moneys allocated to a city pursuant
to this subdivision shall be deposited in an
a SLESA established in the city treasury.
(4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph. The juvenile justice plan shall be developed by the local
juvenile justice coordinating council in each county and city and
county with the membership described in Section 749.22 of the Welfare
and Institutions Code. The plan shall be reviewed and updated
annually by the council. The plan or updated plan may, at the
discretion of the county or city and county, be approved by the
county board of supervisors. The plan or updated plan shall be
submitted to the Board of State and Community Corrections by May 1 of
each year in a format specified by the board that consolidates the
form of submission of the annual comprehensive juvenile justice
multiagency plan to be developed under this chapter with the form for
submission of the annual Youthful Offender Block Grant plan that is
required to be developed and submitted pursuant to Section 1961 of
the Welfare and Institutions Code.
(A) The multiagency juvenile justice plan shall include, but not
be limited to, all of the following components:
(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
(iv) A description of the programs, strategies, or system
enhancements that are proposed to be funded pursuant to this
subparagraph.
(B) Programs, strategies, and system enhancements proposed to be
funded under this chapter shall satisfy all of the following
requirements:
(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
(C) To assess the effectiveness of programs, strategies, and
system enhancements funded pursuant to this paragraph, each county or
city and county shall submit by October 1 of each year a report to
the county board of supervisors and to the Board of State and
Community Corrections on the programs, strategies, and system
enhancements funded pursuant to this chapter. The report shall be in
a format specified by the board that consolidates the report to be
submitted pursuant to this chapter with the annual report to be
submitted to the board for the Youthful Offender Block Grant program,
as required by subdivision (c) of Section 1961 of the Welfare and
Institutions Code. The report shall include all of the following:
(i) An updated description of the programs, strategies, and system
enhancements that have been funded pursuant to this chapter in the
immediately preceding fiscal year.
(ii) An accounting of expenditures during the immediately
preceding fiscal year for each program, strategy, or system
enhancement funded pursuant to this chapter.
(iii) A description and expenditure report for programs,
strategies, or system enhancements that have been cofunded during the
preceding fiscal year using funds provided under this chapter and
Youthful Offender Block Grant funds provided under Chapter 1.5
(commencing with Section 1950) of Division 2.5 of the Welfare and
Institutions Code.
(iv) Countywide juvenile justice trend data available from
existing statewide juvenile justice data systems or networks, as
specified by the Board of State and Community Corrections, including,
but not limited to, arrests, diversions, petitions filed, petitions
sustained, placements, incarcerations, subsequent petitions, and
probation violations, and including, in a format to be specified by
the board, a summary description or analysis, based on available
information, of how the programs, strategies, or system enhancements
funded pursuant to this chapter have or may have contributed to, or
influenced, the juvenile justice data trends identified in the
report.
(D) The board shall, within 45 days of having received the county'
s report, post on its Internet Web site a description or summary of
the programs, strategies, or system enhancements that have been
supported by funds made available to the county under this chapter.
(E) The Board of State and Community Corrections shall compile the
local reports and, by March 1 of each year following
their October 1 submission, and annually
thereafter, make a report to the Governor and the
Legislature summarizing the programs, strategies, and system
enhancements and related expenditures made by each county and city
and county from the appropriation made for the purposes of this
paragraph. The annual report to the Governor and the Legislature
shall also summarize the countywide trend data and any other
pertinent information submitted by counties indicating how the
programs, strategies, or system enhancements supported by funds
appropriated under this chapter have or may have contributed to, or
influenced, the trends identified. The board may consolidate the
annual report to the Legislature required under this paragraph with
the annual report required by subdivision (d) of Section 1961 of the
Welfare and Institutions Code for the Youthful Offender Block Grant
program. The annual report shall be submitted pursuant to Section
9795, and shall be posted for access by the public on the Internet
Web site of the board.
(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs.
(2) 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.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, 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.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, 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
pursuant to paragraph (3) of subdivision (b).
(e) For the 2011-12 fiscal year, the Controller shall allocate
23.54 percent of the amount deposited in the Local Law Enforcement
Services Account in the Local Revenue Fund 2011 for the purposes of
paragraphs (1), (2), and (3) of subdivision (b), and shall allocate
23.54 percent for purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2012-13 fiscal year, subsequent to the
allocation described in subdivision (c) of Section 29552, the
Controller shall allocate 23.54363596 percent of the remaining amount
deposited in the Enhancing Law Enforcement Activities Subaccount in
the Local Revenue Fund 2011 for the purposes of paragraphs (1) to
(3), inclusive, of subdivision (b), and, subsequent to the allocation
described in subdivision (c) of Section 29552, shall allocate
23.54363596 percent of the remaining amount for purposes of paragraph
(4) of subdivision (b).
(g) Commencing with the 2013-14 fiscal year, subsequent to the
allocation described in subdivision (d) of Section 29552, the
Controller shall allocate 23.54363596 percent of the remaining amount
deposited in the Enhancing Law Enforcement Activities Subaccount in
the Local Revenue Fund 2011 for the purposes of paragraphs (1) to
(3), inclusive, of subdivision (b), and, subsequent to the allocation
described in subdivision (d) of Section 29552, shall allocate
23.54363596 percent of the remaining amount for purposes of paragraph
(4) of subdivision (b). The Controller shall allocate funds in
monthly installments to local jurisdictions for public safety in
accordance with this section as annually calculated by the Director
of Finance.
(h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met the
requirement of this subdivision shall remit unspent SLESA moneys
received after April 1, 2009, to the Controller for deposit in the
Local Safety and Protection Account, after April 1, 2012, to the
Local Law Enforcement Services Account, and after July 1, 2012, to
the County Enhancing Law Enforcement Activities Subaccount. This
subdivision shall become inoperative on July 1, 2015.
(i) In the 2010-11 fiscal year, if the fourth quarter revenue
derived from fees imposed by subdivision (a) of Section 10752.2 of
the Revenue and Taxation Code that are deposited in the General Fund
and transferred to the Local Safety and Protection Account, and
continuously appropriated to the Controller for allocation pursuant
to this section, are insufficient to provide a minimum grant of one
hundred thousand dollars ($100,000) to each law enforcement
jurisdiction, the county auditor shall allocate the revenue
proportionately, based on the allocation schedule in paragraph (3) of
subdivision (b). The county auditor shall proportionately allocate,
based on the allocation schedule in paragraph (3) of subdivision (b),
all revenues received after the distribution of the fourth quarter
allocation attributable to these fees for which payment was due prior
to July 1, 2011, until all minimum allocations are fulfilled, at
which point all remaining revenue shall be distributed
proportionately among the other jurisdictions.
(j) The county auditor shall redirect unspent funds that were
remitted after July 1, 2012, by a local agency to the County
Enhancing Law Enforcement Activities Subaccount pursuant to
subdivision (h), to the local agency that remitted the unspent funds
in an amount equal to the amount remitted.
SEC. 2. SEC. 3. Section 6033 is
added to the Penal Code, immediately following Section 6032, to read:
6033. The Board of State and Community Corrections shall, by
January 1, 2018, develop recommendations for best practices and
standardizations standardization for
counties on how to disaggregate juvenile justice caseload and
performance and outcome data by race and ethnicity.
SEC. 3. SEC. 4. Section 1961 of the
Welfare and Institutions Code is amended to read:
1961. (a) On or before May 1 of each year, each county shall
prepare and submit to the Board of State and Community Corrections
for approval a Juvenile Justice Development Plan
on its proposed programs, strategies, and system enhancements for the
next fiscal year from the Youthful Offender Block Grant Fund
described in Section 1951. The plan shall include all of the
following:
(1) A description of the programs, placements, services,
strategies, and system enhancements to be funded by the block grant
allocation pursuant to this chapter, including, but not limited to,
the programs, tools, and strategies outlined in Section 1960.
(2) A description of how the plan relates to or supports the
county's overall strategy for dealing with youthful offenders who
have not committed an offense described in subdivision (b) of Section
707, and who are no longer eligible for commitment to the Division
of Juvenile Facilities under Section 733 as of September 1, 2007.
(3) A description of any regional agreements or arrangements to be
supported by the block grant allocation pursuant to this chapter.
(4) A description of how the programs, placements, services, or
strategies identified in the plan coordinate with multiagency
juvenile justice plans and programs under paragraph (4) of
subdivision (b) of Section 30061 of the Government Code.
(b) The plan described in subdivision (a) shall be submitted to
the Board of State and Community Corrections in a format, as
specified by the board, that consolidates the form for submission of
the plan with the form for submission of the multiagency juvenile
justice plan to be developed and submitted to the board as provided
by paragraph (4) of subdivision (b) of Section 30061 of the
Government Code.
(c) Each county receiving an allocation from the Youthful Offender
Block Grant Fund described in Section 1951 shall, by October 1 of
each year, submit an annual report to the Board of State and
Community Corrections on its utilization of the block grant funds in
the preceding fiscal year. The report shall be in a format specified
by the board that consolidates the report required by this
subdivision with the annual report required to be submitted to the
board under the provisions of subparagraph (D) of paragraph (4) of
subdivision (b) of Section 30061 of the Government Code, and shall
include all of the following:
(1) A description of the programs, placements, services,
strategies, and system enhancements supported by block grant funds in
the preceding fiscal year, and an accounting of all of the county's
expenditures of block grant funds for the preceding fiscal year.
(2) A description and expenditure report for programs, strategies,
and system enhancements that have been cofunded during the preceding
fiscal year using funds provided under this chapter and juvenile
justice funds provided under paragraph (4) of subdivision (b) of
Section 30061 of the Government Code.
(3) Countywide juvenile justice trend data available from existing
statewide juvenile justice data systems or networks, as specified by
the board, including, but not limited to, arrests, diversions,
petitions filed, petitions sustained, placements, incarcerations,
subsequent petitions and probation violations, and including, in a
format to be specified by the board, a summary description or
analysis, based on available information, of how the programs,
strategies, and system enhancements funded pursuant to this chapter
have or may have contributed to, or influenced, the juvenile justice
data trends identified in the report.
(d) The board shall prepare and make available to the public on
its Internet Web site summaries of the annual county reports
submitted in accordance with subdivision (c). By March 1 of each
year, the board also shall prepare and submit to the Governor and the
Legislature a report summarizing county utilizations of block grant
funds in the preceding fiscal year, including a summary of the
programs, strategies, system enhancements, and related expenditures
made by each county utilizing Youthful Offender Block Grant funds.
The annual report to the Governor and the Legislature shall also
summarize the countywide trend data and any other pertinent
information submitted by counties indicating how the programs,
strategies, and system enhancements supported by Youthful Offender
Block Grant funds have or may have contributed to, or influenced, the
trends identified. The board may consolidate the annual report to
the Governor and the Legislature required under this section with the
annual report required by subparagraph (E) of paragraph (4) of
subdivision (b) of Section 30061 of the Government Code.
The annual report shall be submitted in compliance with Section 9795
of the Government Code. The annual report shall also be posted for
access by the public on the Internet Web site of the board.
SEC. 4. Section 1962 of the Welfare and
Institutions Code is amended to read:
1962. (a) The Board of State and Community Corrections may
provide technical assistance to counties for the purpose of
encouraging and promoting compliance with plan and report
requirements described in paragraph (4) of subdivision (b) of Section
30061.
(b) The Board of State and Community Corrections may monitor and
inspect any programs or facilities supported by block grant funds
allocated pursuant to this chapter and may enforce violations of
grant requirements with suspensions or cancellations of grant funds.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 5. Section 1962 of the Welfare and
Institutions Code is repealed.
1962. (a) The Corrections Standards Authority, in consultation
with the Division of Juvenile Facilities, may provide technical
assistance to counties, including, but not limited to, regional
workshops, prior to issuing any Request for Proposal.
(b) The Corrections Standards Authority may monitor and inspect
any programs or facilities supported by block grant funds allocated
pursuant to this chapter and may enforce violations of grant
requirements with suspensions or cancellations of grant funds.
SEC. 6. Section 1962 is added to the
Welfare and Institutions Code , to read:
1962. The Board of State and Community Corrections may monitor
the forms, documents, and information submitted by counties pursuant
to Section 1961 and may advise counties and provide technical
assistance on the implementation and requirements of Section 1961.
SEC. 7. To the extent that this act has an overall
effect of increasing the costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation within the meaning of Section 36 of Article XIII of the
California Constitution, it shall apply to local agencies only to the
extent that the state provides annual funding for the cost increase.
Any new program or higher level of service provided by a local
agency pursuant to this act above the level for which funding has
been provided shall not require a subvention of funds by the state
nor otherwise be subject to Section 6 of Article XIII B of
the California Constitution.