BILL ANALYSIS Ó AB 1998 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1998 (Campos) As Amended August 15, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 | (May 12, |SENATE: |39-0 |(August 17, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY: Requires the Board of State and Community Corrections (BSCC) to prepare guidelines for counties on how to disaggregate juvenile justice caseload, performance and outcome data by race and ethnicity. The Senate amendments: 1)Recast requirements of existing law to also include, among other things, a description of the programs, strategies, and system enhancements proposed to be funded by a county Supplemental Enforcement Services Account (SLESA). 2)Delete the requirement that the BSCC review the plan, and would instead require annual review and updating of the plan by the local juvenile justice coordinating council in a format AB 1998 Page 2 specified by the BSCC, and annual reports by the county or city and county to the county board of supervisors and to the BSCC on the programs, strategies, and system enhancements funded by the county SLESA and expenditures for those purposes. 3)Require the BSCC 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. 4)Require the BSCC to post on its Web site a description or summary of the programs, strategies, or system enhancements from the local reports and to post the annual report. 5)Authorize the local reports and the annual report to be consolidated with certain reports pertaining to the Youthful Offender Block Grant program. 6)Require the Juvenile Justice Development Plan to be submitted to the BSCC 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. 7)Require annual reports by counties regarding the use of the block grant funds be submitted to the BSCC, instead of the authority. 8)Require annual reports to the Governor and the Legislature by the Board regarding the programs, strategies, and system enhancements supported by the block grants, and posting of those annual reports on the BSCC Web site. 9)Repeal an existing section of law that provides for the AB 1998 Page 3 Corrections Standard Authority's technical assistance to counties and instead provide that BSCC may monitor the forms, documents, and information submitted by counties pursuant to sections in this bill and may advise counties and provide technical assistance on its implementation requirements. 10)Add a legislative finding and declaration that the changes to the reporting requirements in this bill do not constitute a higher level of service within the meaning of the applicable section in the California Constitution related to reimbursable local costs. 11)Provide that to the extent that the provisions in this bill 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, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. 12)Make additional conforming changes. EXISTING LAW: 1)Requires the State Commission on Juvenile Justice to develop a Juvenile Justice Operational Master Plan and to make available, for implementation by all of the counties of the state, a number of strategies, including "Juvenile justice universal data collection elements, which shall be common to all counties." 2)Requires each county in the state, as a condition of receiving an allocation from the Youthful Offender Block Grant fund described in Section 1951 to, by October 1 of each year, submit an annual report to the Corrections Standards Authority on its utilization of the block grant funds in the preceding fiscal year and requires the report to be in a format AB 1998 Page 4 specified by the authority that includes all of the following: a) A description of the programs, placements, services, and strategies 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; and b) Performance outcomes for the programs, placements, services, and strategies supported by block grant funds in the preceding fiscal year, including, at a minimum, the following: the number of youth served including their characteristics as to offense, age, gender, race, and ethnicity. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)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. 2)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% of a local entity's annual SLESA allocation. To the extent additional AB 1998 Page 5 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. 3)Juvenile Justice Crime Prevention Act of 2000 (JJCPA) and Youthful Offender Block Grant (YOBG) expenditures: Potentially significant future increase in juvenile justice plan expenditures (Special Fund*) due to a) eligibility for grant funding extended beyond programs to include strategies and system enhancements, including the implementation of any recommendations made by the BSCC on the standardization of disaggregation of data, and, b) 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) AS PASSED BY THE ASSEMBLY, this bill required the Board of State and Community Corrections (BSCC) to prepare guidelines for counties on how to disaggregate juvenile justice caseload, performance and outcome data by race and ethnicity. COMMENTS: According to the author, "Latino communities, especially Latino youth, are increasingly singled out by the criminal justice system. The extent of this problem is not well known because of our state's flawed data collection system, which does not consistently separate ethnicity from race. With many Latinos being classified as white or African American, it is currently impossible to determine the full scope of the unequal treatment of Latinos at key decision points in the juvenile justice system. AB 1998 Page 6 "Gathering accurate race and ethnicity data from youth involved in the juvenile justice system allows for better understanding of trends, policy effects, and inequities by legislators, the public, and state or federal agencies. "AB 1998 will ensure that Latinos are counted as Latinos by their race and ethnicity in the Juveniles Justice System. It would do this by directing the Board of State and Community Corrections to prepare guidelines for counties on how to disaggregate caseload and data by race and ethnicity. In doing this, AB 1998 will enable policy-makers and social justice advocates to take adequate actions to address the issue of Latino over incarceration in California." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0004330