BILL ANALYSIS Ó
AB 1998
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1998 (Campos)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: |78-0 | (May 12, |SENATE: |39-0 |(August 17, |
| | |2016) | | |2016) |
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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
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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
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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
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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
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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.
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"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