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