BILL ANALYSIS Ó SB 85 Page 1 (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, 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 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 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) 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, 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 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. 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 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. 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 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. 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 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 SB 85 Page 8