BILL ANALYSIS                                                                                                                                                                                                    

          |SENATE RULES COMMITTEE            |                         SB 85|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |

                                 UNFINISHED BUSINESS

          Bill No:  SB 85
          Author:   Committee on Budget and Fiscal Review  
          Amended:  6/17/15  
          Vote:     21 

          SENATE FLOOR:  Not relevant

          ASSEMBLY FLOOR:  Not available

           SUBJECT:   Public safety

          SOURCE:    Author
          DIGEST:  This bill provides for statutory changes necessary to  
          enact the public safety provisions of the Budget Act of 2015.

          Assembly Amendments delete the Senate version of the bill and  
          insert the current language.

          ANALYSIS:   This bill makes statutory changes to implement the  
          Budget Act of 2015:

           1) Debt Amnesty Program. Establishes an 18-month amnesty  
             program, which allows individuals with past-due court-ordered  
             debt to receive a reduction in the amount owed if they meet  
             certain eligibility criteria. Allow drivers with suspended  
             licenses to reinstate their licenses as part of the amnesty  

           2) Drug Interdiction. Requires an independent evaluation of the  
             effectiveness of the California Department of Corrections and  
             Rehabilitation's (CDCR) enhanced drug interdiction effort.   
             Removes the requirement that visitors be offered a strip  
             search as an option if they test positive using an Ion  


                                                                      SB 85  
                                                                     Page  2

             scanner or canines. 

           3) Enhanced Treatment Program Reporting Requirements. Requires  
             the Department of State Hospitals to submit written draft  
             policies and procedures that will guide the operation of the  
             Enhanced Treatment Units (ETPs) prior to the activation of  
             the ETPs.

           4) Closure of the California Rehabilitation Center (CRC).  
             Requires the Administration to provide an updated  
             comprehensive plan for the state prison system, including a  
             permanent solution for the decaying infrastructure of the  
             CRC.  In addition, states legislative findings and  
             declarations that given the reduction in the prison  
             population, the Legislature believes that further investment  
             in building additional prisons is unnecessary at this time  
             and that the CRC can be closed without jeopardizing the  
             court-ordered population cap.

           5) Community Performance Incentive Grants. Updates the formula  
             for the Community Performance Incentive Grants to reflect  
             changes in the prison and county probation populations as a  
             result of 2011 Public Safety Realignment.   

           6) Office of Law Enforcement Support (OLES) Reporting  
             Requirements. Requires OLES to submit reports to the  
             Legislature semi-annually, beginning October 1, 2016, that  
             include, but are not limited to, the following:

              a)    The number, type, and disposition of complaints made  
                against employees.

              b)    A synopsis of each investigation reviewed by the  
                Office of Law Enforcement Support.

              c)    An assessment of the quality of each investigation.

              d)    The report of any settlement and whether the Office of  
                Law Enforcement Support concurred with the settlement.

              e)    The extent to which any disciplinary action was  
                modified after imposition.


                                                                      SB 85  
                                                                     Page  3

              f)    Timeliness of investigations and completion of  
                investigation reports.

              g)    The number of reports made to an individual's  
                licensing board, in cases involving serious or criminal  
                misconduct by the individual.

              h)    The number of investigations referred for criminal  
                prosecution and employee disciplinary action and the  
                outcomes of those cases.

              i)    The adequacy of the Department of State Hospitals' and  
                the Developmental Centers Division of the Department of  
                Developmental Services' systems for tracking patterns and  
                monitoring investigation outcomes and employee compliance  
                with training requirements.

           7) Correctional Peace Officer Standards and Training (CPOST).  
             Reduces the length of the correctional officer training  
             academy from 16 to 12 weeks and re-establishes CPOST. CPOST  
             is responsible for developing and monitoring standards for  
             the selection and training of correctional officers and would  
             be governed by six members (three from CDCR management and  
             three from the correctional officers' union) appointed by the  
             Governor. In addition, requires CPOST to regularly consult  
             with experts in the area of correctional officer training.

           8) Body-Worn Camera Pilot Program. Authorizes the California  
             Highway Patrol to develop a plan, by January 1, 2016, for  
             conducting a body-worn camera pilot program that explores  
             things such as the types of officers that would be assigned  
             or permitted to wear body-worn cameras, the minimum  
             specifications for the cameras to be used in the program, and  
             the best practices for notifying the public that an officer's  
             body-worn camera is recording.

           9) Involuntary Medication Process for Individuals found Not  
             Guilty by Reason of Insanity. Modifies the fair hearing  
             process for individuals who have been found not guilty by  
             reason of insanity and refuse to take medication. 


                                                                      SB 85  
                                                                     Page  4

           10)         Restoration of Competency. Removes the sunset date  
             for the Restoration of Competency program. Streamlines  
             current local restoration of competency programs, funded by  
             the Department of State Hospitals to allow more counties to  
             participate in the program. 

           11)         Native American Heritage Day. Clarifies that Native  
             American Heritage Day is not a court holiday. 

           12)         Sunset Extension for Enhanced Civil Fees. Extends  
             the sunset for enhanced civil fees from July 1, 2015 to July  
             1, 2018. 

           13)         Enhancing Law Enforcement Activities Growth Special  
             Account. Deletes the requirement that funds in the Enhancing  
             Law Enforcement Activities Growth Special Account be  
             distributed on August 25th of each fiscal year.  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  

           14)         Includes other technical and clarifying changes  
             necessary to enact the Budget.

          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   Yes

          SUPPORT:   (Verified6/19/15)

          None received

          OPPOSITION:   (Verified6/19/15)

          None received


                                                                      SB 85  
                                                                     Page  5

          Prepared by: Julie Salley-Gray / B. & F.R. / (916) 651-4103
          6/19/15 10:55:32

                                   ****  END  ****