BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1998 (Campos) - Juveniles: data collection ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 16, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1998 would do the following: Require the Board of State and Community Corrections (BSCC), by January 1, 2018, to develop recommendations for best practices and standardizations for counties on how to disaggregate juvenile justice caseload and performance and outcome data by race and ethnicity. Revise and recast the data collection and reporting requirements for counties for multiagency juvenile justice plans under the Supplemental Law Enforcement Services Account (SLESA) and juvenile justice development plans supported by the Youthful Offender Block Grant (YOBG) program, and would require consolidation of the information to be reported annually to the BSCC, as specified. Authorize the BSCC to (1) consolidate the annual report to the Legislature and the Governor for the JJCPA with the annual report required under the YOBG program, (2) provide technical assistance to counties for promoting compliance with plan and AB 1998 (Campos) Page 1 of ? reporting requirements, and, (3) monitor and inspect any programs or facilities supported by grant funds and to enforce violations of grant requirements. Expand eligibility for grant funding for multiagency juvenile justice plans and youthful offender programs to include strategies and system enhancements. Fiscal Impact: BSCC : One-time and ongoing costs potentially in excess of $50,000 (General Fund) for additional workload to develop recommendations for best practices and standardizations for counties on how to disaggregate juvenile justice data, and provide technical assistance on plan and reporting requirements. Potential future administrative cost savings (General Fund) through submittal of a consolidated annual report to the Legislature to include the additional information submitted by counties. Local agencies : Potentially significant increase in one-time and near-term local agency costs (Special Fund*), potentially state-reimbursable or subject to Proposition 30 funding provisions, in whole or in part (General Fund), to develop/update multiagency juvenile justice plans, including information on strategies and system enhancements, and to conduct more robust data collection, analysis, and reporting. Administrative overhead costs are capped at 0.5 percent of a local entity's annual SLESA allocation. To the extent additional administrative costs are incurred by a county above the cap could potentially be subject to mandate reimbursement by the state or require a subvention of funds from the state pursuant to Proposition 30 (General Fund). To the extent the required consolidation of reporting to the BSCC results in workload efficiencies could potentially result in administrative cost savings in future years. JJCPA and YOBG expenditures : Potentially significant future increase in juvenile justice plan expenditures (Special Fund*) due to (1) eligibility for grant funding extended beyond programs to include strategies and system enhancements, including the implementation of any recommendations made by AB 1998 (Campos) Page 2 of ? the BSCC on the standardization of disaggregation of data, and, (2) the more robust data collection, analysis, and reporting requirements on local agencies. To the extent allocations are expended in full each year, a portion of existing funding would potentially be shifted from programs to support administrative activities. *Local Revenue Fund 2011 (Enhancing Law Enforcement Activities Subaccount and Youthful Offender Block Grant Special Account) Background: AB 1468 (Committee on Budget) Chapter 26/2014, established the California Juvenile Justice Data Working Group (JJDWG) within the BSCC. Members of the Juvenile Justice Data Working Group are designated by statute and include experts and practitioners representing courts, probation, county government, state data agencies, academia, and youth service and advocacy organizations. The JJDWG is tasked with recommending options to improve, upgrade and modernize state and local juvenile justice data systems in California, with a report due to the Legislature in January 2016. In addition, by April 30, 2015, the JJDWG must submit recommendations to the BSCC Board on improved reporting requirements for two major juvenile justice grant programs-the Juvenile Justice Crime Prevention Act and Youthful Offender Block Grant. Those recommendations must include "streamlining and consolidating current requirements without sacrificing meaningful data collection." This bill seeks to make the statutory changes required to effectuate several of the recommendations included in the JJDWG report. Additionally, in the JJDWG executive summary entitled "Rebuilding California's Juvenile Justice Data System: Recommendations to improve data collection, performance measures and outcomes for California youth, (January 2016)," the summary describes the current Juvenile Detention Profile Survey as lacking crucial information about juveniles in detention, including characteristic data such as race and ethnicity. AB 1998 (Campos) Page 3 of ? Proposed Law: This bill would require the BSCC, by January 1, 2018, to develop recommendations for best practices and standardizations for counties on how to disaggregate juvenile justice caseload and performance and outcome data by race and ethnicity. Additionally, this bill: Revises data collection and reporting requirements under the Juvenile Justice Crime Prevention Act (JJCPA) of 2000, as follows: o Provides that the plan described above shall be reviewed and updated (deleting revised), and authorizes instead of requires a revised plan to be approved by the county board of supervisors, as specified. o Provides that the plan or updated plan be submitted to the BSCC "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 YOBG plan that is required to be developed and submitted pursuant to WIC § 1961." o Revises the reference in this section from "juvenile justice plans" to a "multiagency juvenile justice plan." o Expands requirements to include not only a description of the programs, but also the strategies or system enhancements that are proposed to be funded. o To assess the effectiveness of programs, strategies, and system enhancements funded, requires each county or city and county to submit by October 1 of each year a report to the county board of supervisors and to the BSCC on the programs, strategies, and system enhancements funded. Requires the report to 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 YOBG program. Requires the report to include all of the following: § An updated description of the programs, strategies, and system enhancements that have been funded pursuant to this chapter in the immediately preceding fiscal year. AB 1998 (Campos) Page 4 of ? § An accounting of expenditures during the immediately preceding fiscal year for each program, strategy, or system enhancement funded pursuant to this chapter. § A description and expenditure report for programs, strategies, or system enhancements that have been co-funded during the preceding fiscal year using funds provided under this chapter and YOBG funds provided under Chapter 1.5 of the Welfare and Institutions Code. § Countywide juvenile justice trend data available from existing statewide juvenile justice data systems or networks, as specified by the BSCC, 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. o Requires the BSCC, within 45 days of having received the county's report, to post on its internet website 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. o Revises existing requirements to instead require BSCC to compile the local reports and, by March 1 following the 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 this program. "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 AB 1998 (Campos) Page 5 of ? trends identified." o Authorizes the BSCC to "consolidate the annual report to the Legislature required under this paragraph with the annual report required by WIC § 1961(d) for the YOBG program. The annual report shall be . . . posted for access by the public on the Internet website of the board." Revises data collection and reporting requirements under the YOBG program, as follows: o Deletes the requirement in this subdivision that counties report on proposed expenditures, and instead would require counties to report on proposed "programs, strategies and system enhancements." o Provides that these reports be consolidated with the JJCPA report o Requires "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." o Requires a description and expenditure report for programs, strategies, and system enhancements that have been co-funded during the preceding fiscal year using YOBG and JJCPA funds, as specified. o Makes additional technical conforming changes to this section o Revises existing provisions of law to update its references, to delete the reference to the Corrections Standards Authority and the Division of Juvenile Facilities, and to state that the BSCC may provide technical assistance "for the purpose of encouraging and promoting compliance with plan and report requirements" described in this bill, as specified, and authorizes the BSCC to monitor and inspect any programs or facilities supported by block grant funds allocated pursuant to this chapter and may AB 1998 (Campos) Page 6 of ? enforce violations of grant requirements with suspensions or cancellations of grant funds. Related Legislation: SB 1031 (Hancock) 2016 would have required the Department of Justice (DOJ) to develop a design structure and implementation plan for the California Juvenile Justice Information System (CJJIS) by January 1, 2018, and establish and implement the CJJIS on or before July 1, 2019. SB 1031would have appropriated an unspecified sum from the General Fund to the DOJ for the purpose of funding the development of the design structure and implementation plan for the CJJIS. This bill was held on the Suspense File of this Committee. Prior Legislation: AB 1468 (Committee on Budget) Chapter 26/2014 established the Juvenile Justice Data Working Group (JJDWG) within the BSCC and states: "[t]he purpose of the working group is to recommend options for coordinating and modernizing the juvenile justice data systems and reports that are developed and maintained by state and county agencies." The working group includes representatives from affected state agencies (BSCC, DOJ, DJJ), courts, counties, probation, research experts, and children's advocacy organizations. Staff Comments: The BSCC has indicated minor and absorbable costs to comply with the provisions of this measure, including the one-time workload to develop recommendations for best practices and standardizations on how to disaggregate juvenile justice data by race and ethnicity. Staff notes that the BSCC may experience an increase in workload in the near term to provide greater technical assistance to counties in response to the revised data collection and reporting requirements in this bill. Prior to 2011 public safety realignment, the JJCPA and YOBG grant programs were both funded by annual appropriations of state funds to local county governments to support the programs and operations authorized by statute. In 2011, funds for these grants were incorporated into the public safety realignment plan that moved multiple state-funded operations and funding into local realignment accounts. After enactment of 2011 public safety realignment, funds for both the YOBG and JJCPA grant programs have been deposited annually by the state Controller in AB 1998 (Campos) Page 7 of ? these county-level public safety realignment accounts. Each county's share is determined by allocation formulas contained in the enabling statutes. For FY 2014-15, the statewide annual JJCPA allocation was $107 million, funded through a combination of vehicle license fee and sales tax revenues. The statewide YOBG allocation depends on annual sales tax receipts. The total YOBG allocation for FY 2013-14 was $104.3 million, with an additional $9.2 million in growth funds. For FY 2014-15, the total YOBG allocation, including growth funds, was estimated to increase to nearly $130 million, depending on actual sales tax receipts during the calculation year. This bill requires counties to develop and update multiagency juvenile justice plans, including information on strategies and system enhancements. Additionally, counties are required to collect, analyze, and report additional and more detailed information to the BSCC, in a format to be specified by the BSCC, on its funded programs. The additional one-time and ongoing local agency administrative costs for these activities are unknown, but could be significant. Under existing law, administrative overhead costs are capped at 0.5 percent of a local entity's annual SLESA allocation. To the extent the mandated activities result in a county expending administrative costs above the cap could potentially be subject to mandate reimbursement by the state or require a subvention of funds from the state pursuant to Proposition 30 (2012), should the amount of available funding for these activities be insufficient to cover these costs. -- END --