BILL ANALYSIS Ó
SB 85
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(Without Reference to File)
SENATE THIRD READING
SB
85 (Committee on Budget and Fiscal Review)
As Amended June 17, 2015
Majority vote. Budget Bill Appropriation Takes Effect
Immediately.
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,
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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
attributed.
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
implementation.
8)Extends the following Judicial Branch fees and limitations
until July 1, 2018:
a) A $40 fee for filing first papers in certain civil
proceedings.
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
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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)
program.
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,
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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
jail.
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.
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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
guidelines.
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
appropriated.
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.
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27)Specifies that all alternate members of the CPOST must
possess a level of qualification similar to that of a regular
member.
28)Deletes the requirement that the CPOST appoint an executive
director.
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.
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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
OLES.
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:
0000977
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