BILL ANALYSIS                                                                                                                                                                                                    

                                                                      SB 85

                                                                    Page  1

          (Without Reference to File)


          85 (Committee on Budget and Fiscal Review)

          As Amended  June 17, 2015

          Majority vote. Budget Bill Appropriation Takes Effect  

          SENATE VOTE:  Vote not relevant

          SUMMARY:  Makes necessary statutory and technical changes to  
          implement changes to the Budget Act of 2012 relating to Public  
          Safety.  Specifically, this bill:

          1)Requires the California Highway Patrol to develop a plan for  
            implementing a body-worn camera pilot program.
          2)Excludes Native American Day from the list of paid judicial  
            holidays aligning the Judicial Branch with all other branches  
            of Government. 

          3)Reauthorizes a competitive grant program (funded from the  
            Recidivism Reduction Fund) intended to support community  
            recidivism and crime reduction services, including, but not  
            limited to, delinquency prevention, homelessness prevention,  


                                                                      SB 85

                                                                    Page  2

            and reentry services.  This bill also deletes the requirement  
            that any funds not encumbered with a community recidivism and  
            crime reduction service provider one year after allocation of  
            grant funds to counties immediately revert to the state  
            General Fund.

          4)Deletes the requirement that funds in the Enhancing Law  
            Enforcement Activities Growth Special Account be allocated by  
            on August 25th of each year.  

          5)Specifies that each growth allocation from the Enhancing Law  
            Enforcement Activities Growth Special Account shall utilize  
            the same allocation schedules calculated for the base  
            allocations from the same fiscal year to which the growth is  

          6)Modifies the California Department of Corrections and  
            Rehabilitation's (CDCR) contraband interdiction policy to  
            ensure visitors are informed of the availability of a  
            noncontact inmate visit.  

          7)Requires the CDCR to conduct an independent evaluation of its  
            contraband interdiction policy after 2 years of  

          8)Extends the following Judicial Branch fees and limitations  
            until July 1, 2018:

             a)   A $40 fee for filing first papers in certain civil  
             b)   A $1,000 fee to be paid on behalf of all plaintiffs, and  
               by each defendant, intervenor, respondent, or adverse party  
               to a civil action that is designated or determined to be a  


                                                                      SB 85

                                                                    Page  3

               complex case. 

             c)   A limitation of $18,000 on the total amount of complex  
               fees collected from all defendants, intervenors,  
               respondents, or other adverse parties appearing in a  
               complex case.

             d)   A $60 fee for filing any specified motion, application,  
               order to show cause, or any other paper requiring a hearing  
               subsequent to the first paper filed.

          9)Eliminates the requirement that unspent local Citizens' Option  
            for Public Safety (COPS) and the Juvenile Justice Crime  
            Prevention Act (JJCPA) funds revert to the county Enhancing  
            Law Enforcement Activities Subaccount.  This change makes this  
            portion of 2011 Realignment funds available to local agencies  
            on a continuous.
          10)Requires the Department of State Hospitals to submit written  
            draft policies and procedures related to the Enhanced  
            Treatment Program (ETP) to the Legislature at least 60 days  
            prior to activating the ETP.
          11)Eliminates the sunset on the Restoration of Competency (ROC)  

          12)Requires the Department of State Hospitals (DSH) to provide  
            treatment at a county jail treatment facility when the  
            facility is selected by the court within the Restoration of  
            Competency program and requires the department to reimburse  
            the county jail for the costs of the bed, during treatment,  
            and of any medical treatment needed.

          13)Authorizes a county jail treatment facility to provide ROC  
            services and authorizes the DSH to provide payment to the  
            county jail treatment facilities for the costs of the bed,  


                                                                      SB 85

                                                                    Page  4

            competency restoration services and medical care.

          14)Requires the committing county to cover the cost of  
            transportation to and from a county jail treatment facility  
            for admission for ROC services, unless otherwise agreed to  
            between the DSH and the county.

          15)Indemnifies the DSH and any county operating the ROC program  
            if either is determined to be comparatively at fault for any  
            claim, action, loss or damage that results from their  
            obligations under the ROC program.

          16)Removes the six-month limitation on jail-based mental health  
            treatment for individuals deemed incompetent to stand trial  
            who are being treated to restore competency within a county  

          17)Requires the DSH to reimburse a community-based residential  
            treatment system for the cost of treatment should a court  
            select such a facility for ROC services.

          18)Authorizes the DSH to reimburse county jails and  
            community-based residential treatment systems either through  
            an invoice or a contract for ROC services.

          19)Requires the non-treatment costs associated with any hearing  
            for an order seeking involuntary treatment with psychotropic  
            medication, or any other medication for which an order is  
            required, to be paid by the county when the county is  
            committing a patient, who has been found not guilty by reason  
            of insanity, to a State Hospital, consistent with patients who  
            have been deemed mentally disordered offenders.


                                                                      SB 85

                                                                    Page  5

          20)Creates an amnesty program for fines and bail initially due  
            on or before January 1, 2013, to be conducted in accordance  
            with guidelines adopted by the Judicial Council. 

          21)Specifies that the amnesty program will accept payments  
            between October 1, 2015, to March 31, 2017.  

          22)Authorizes an amnesty program participant to receive an  
            additional reduction in his or her repayment amount if the  
            participant certifies, under penalty of perjury, that he or  
            she receives specified public assistance programs or that his  
            or her monthly income is 125% or less of the current poverty  

          23)By requiring each county to establish and operate an amnesty  
            program, and by expanding the scope of the crime of perjury,  
            this bill would impose a state-mandated local program. 

          24)Increase the percentage of specified penalties to be  
            deposited in the Peace Officers' Training Fund and the  
            Corrections Training Fund, which are both continuously  

          25)Requires the Judicial Council to report on the amnesty  
            program's outcomes by August 31, 2017.

          26)Requires that one of the department's three appointees to the  
            Commission on Correction Peace Officer Standards and Training  
            (CPOST) be a representative of the Division of Juvenile  
            Justice or the Division of Rehabilitative Programs within the  
            department within the CDCR. 


                                                                      SB 85

                                                                    Page  6

          27)Specifies that all alternate members of the CPOST must  
            possess a level of qualification similar to that of a regular  

          28)Deletes the requirement that the CPOST appoint an executive  

          29)Requires the CPOST executive board to seek advice from  
            national experts, including university and college  
            institutions and correctional associations, on issues  
            pertaining to adult corrections, juvenile justice, and the  
            training of the CDCR staff that are relevant to its mission. 

          30)Requires the CDCR, commencing July 1, 2015, to provide 480  
            hours of training for each correctional peace officer cadet  
            (current law requires a 16-week training course). 

          31)Require the CPOST to determine the on-the-job training  
            requirements for correctional peace officers (in addition to  
            the 480 hours required by this bill).

          32)Requires the CDCR to release a report that provides an  
            updated comprehensive plan for the state prison system,  
            including a permanent solution for the future of the  
            California Rehabilitation Center in Norco, CA.  The report  
            will be submitted as part of the 2016-17 Governor's Budget.  

          33)Updates the Community Corrections Performance Incentive Grant  
            Program (SB 678 (Leno), Chapter 608, Statutes of 2009)  
            allocation methodology to account for the complexities of the  
            2011 Public Safety Realignment.


                                                                      SB 85

                                                                    Page  7

          34)Requires the Office of Law Enforcement Support (OLES), within  
            the Health and Human Services Agency, to investigate specified  
            incidents at developmental centers and state hospitals and  
            requires specified incidents to be reported immediately to  

          35)Requires OLES to consult with the designated protection and  
            advocacy agency, advocates, clients, and relatives prior to  
            the adoption of policies and procedures on the investigative  
            role of OLES. 

          36)Requires OLES to provide oversight of investigations  
            conducted by the Department of State Hospitals and the  
            Department of Developmental Services, as specified. 

          37)Requires OLES to annually report to the Governor and  
            Legislature summarizing its investigations, including: data on  
            the investigations, a synopsis of each investigation, an  
            assessment of the quality of each investigation and  
            disciplinary actions, information on any settlement,  
            timeliness of investigations, and the number of investigations  
            referred for criminal prosecution.

          Analysis Prepared by:                                             
                          Marvin Deon / BUDGET / (916) 319-2099  FN:  


                                                                      SB 85

                                                                    Page  8