BILL ANALYSIS Ó
-----------------------------------------------------------------
|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
program.
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
attributed.
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 ****