Senate Bill No. 353

Introduced by Senators Nguyen and Vidak

February 24, 2015

An act to add Chapter 6.4 (commencing with Section 30030) to Division 3 of Title 3 of the Government Code, relating to criminal justice realignment, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 353, as introduced, Nguyen. 2015 Realignment Legislation addressing justice reinvestment.

(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined.

This bill, the 2015 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance, in consultation with the Legislative Analyst, to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $1,543,783,000 from the General Fund to the Realignment Reinvestment Fund for the 2015-16 fiscal year, thereby making an appropriation. The bill would, beginning in the 2016-17 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year’s estimate and the calculated prior fiscal year net savings, thereby making an appropriation.

The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county for deposit in the county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county.

The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county’s local Community Corrections Partnership and to be voted on by an executive committee of each county’s Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a 4⁄5 vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program.

The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislation, and would require the director to report those estimates to the Legislature, as provided.

The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill’s provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year, and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known, and may be cited, as the
2015 Realignment Legislation addressing justice reinvestment.

SEC. 2.  

The Legislature finds and declares all of the following:

(a) The Legislature is committed to reducing recidivism among
criminal offenders, ensuring that local governments have adequate
funding to achieve this goal, and facilitating the responsible
implementation of the criminal justice policies contained in the
2011 Realignment Legislation addressing public safety.

(b) California must continue to reinvest its criminal justice
resources to support community-based corrections programs,
evidence-based practices, and local correctional facilities in order
to achieve improved public safety returns on this state’s substantial
investment in its criminal justice system.

(c) Realigning low-level felony offenders who do not have prior
convictions for serious, violent, or sex offenses to locally run,
community-based corrections programs, which are strengthened
through community-based punishment, evidence-based practices,
improved supervision strategies, and enhanced secured capacity,
has the potential to improve public safety outcomes for adult felons
and facilitate their reintegration back into society. However, local
governments have indicated that current resources provided by the
state to achieve these goals are inadequate. This lack of resources
has resulted in deficiencies in bed space, evidence-based programs,
and treatment options. Community-based corrections programs
require additional funding to meet the level of need and provide
an appropriate level of service for offender populations shifted as
a result of the 2011 Realignment Legislation addressing public
safety.

(d) By enacting the 2011 Realignment Legislation addressing
public safety, the Legislature affirmed its commitment to justice
reinvestment and stated that the purpose of justice reinvestment
is to manage and allocate criminal justice populations more cost
effectively, generating savings that can be reinvested in
evidence-based strategies that increase public safety while holding
offenders accountable.

(e) In order to properly implement the 2011 Realignment
Legislation addressing public safety, it is the intent of the
Legislature to fully commit to justice reinvestment by using
identified state savings generated by the 2011 Realignment
Legislation addressing public safety and any other necessary funds
to provide local governments with maximum flexibility and
adequate funding to manage these new offenders in the manner
that is in the best interest of public safety, most appropriate to each
county, and consistent with principles of justice reinvestment.

SEC. 3.  

Chapter 6.4 (commencing with Section 30030) is added
to Division 3 of Title 3 of the Government Code, to read:

 

Chapter  6.4. Realignment Reinvestment Fund

 

30030.  

For purposes of this chapter, “realigned offenders”
means offenders sentenced to a county jail or to mandatory
supervision, or to both county jail and mandatory supervision,
pursuant to subdivision (h) of Section 1170 of the Penal Code,
offenders subject to postrelease community supervision pursuant
to Title 2.05 (commencing with Section 3450) of Part 3 of the
Penal Code, and any other offenders under county supervision
whose supervision would have been the responsibility of the state
if the 2011 Realignment Legislation addressing public safety had
not been enacted.

30031.  

(a) (1) The Realignment Reinvestment Fund is hereby
established in the State Treasury. Moneys in the fund are
continuously appropriated and shall be used exclusively for the
purposes of this chapter.

(2) (A) Beginning in 2016, on or after July 1, and no later than
August 31 of each year, the Director of Finance shall, in
consultation with the Legislative Analyst, annually calculate both
of the following:

(i) The actual net savings to the state for the immediately
preceding fiscal year resulting from the 2011 Realignment
Legislation addressing public safety.

(ii) An estimate of the net savings to the state for the current
fiscal year resulting from the 2011 Realignment Legislation
addressing public safety.

(B) Provided there are savings, the calculations shall be made
for each fiscal year by subtracting the amount calculated pursuant
to subparagraph (D) from the amount calculated pursuant to
subparagraph (C) for each fiscal year.

(C) (i) For the calculation pursuant to clause (i) of subparagraph
(A), the sum of all expenditure reductions, less cost increases,
affecting the Department of Corrections and Rehabilitation in the
fiscal year for which the calculation is being made that are a result
of the 2011 Realignment Legislation addressing public safety. This
calculation shall reflect the net fiscal impact of the 2011
Realignment Legislation addressing public safety and shall exclude,
to the greatest extent possible, the fiscal impacts of all other
changes, including, but not limited to, those resulting from
legislation, voter-approved ballot measures, court orders, and other
policy changes implemented subsequent to the 2011 Realignment
Legislation addressing public safety.

(ii) For the calculation pursuant to clause (ii) of subparagraph
(A), the projected sum of all expenditure reductions, less cost
increases, affecting the Department of Corrections and
Rehabilitation in the fiscal year for which the calculation is being
made that are a result of the 2011 Realignment Legislation
addressing public safety. This calculation shall reflect the net fiscal
impact of the 2011 Realignment Legislation addressing public
safety and shall exclude, to the greatest extent possible, the fiscal
impacts of all other changes, including, but not limited to, those
resulting from legislation, voter-approved ballot measures, court
orders, and other policy changes implemented subsequent to the
2011 Realignment Legislation addressing public safety.

(D) (i) For the calculation pursuant to clause (i) of subparagraph
(A), the sum of the allocations made from the Community
Corrections Subaccount, the Community Corrections Growth
Special Account, the District Attorney and Public Defender
Subaccount, and the District Attorney and Public Defender Growth
Special Account in the fiscal year for which the calculation is being
made, less four hundred fifty-three million dollars ($453,000,000).

(ii) For the calculation pursuant to clause (ii) of subparagraph
(A), the sum of the allocations projected to be made from the
Community Corrections Subaccount, the Community Corrections
Growth Special Account, the District Attorney and Public Defender
Subaccount, and the District Attorney and Public Defender Growth
Special Account in the fiscal year for which the calculation is being
made, less four hundred fifty-three million dollars ($453,000,000).

(3) For the 2015-16 fiscal year, the Controller shall transfer one
billion five hundred forty-three million seven hundred eighty three
thousand dollars ($1,543,783,000) from the General Fund to the
Realignment Reinvestment Fund for allocation pursuant to
paragraph (5).

(4) Beginning with the 2016-17 fiscal year, and each fiscal year
thereafter, the Controller shall transfer an amount equal to the
difference between the amount identified in subparagraph (A) and
the amount identified in subparagraph (B) from the General Fund
to the Realignment Reinvestment Fund for allocation pursuant to
paragraph (5).

(A) The estimate of net savings for the current fiscal year
calculated pursuant to clause (ii) of subparagraph (A) of paragraph
(2).

(B) An adjustment for the immediately preceding fiscal year
that is the result of subtracting the amount calculated pursuant to
clause (i) of subparagraph (A) of paragraph (2) for that fiscal year
from the amount estimated pursuant to clause (ii) of subparagraph
(A) of paragraph (2) for that fiscal year.

(5) The Controller shall annually allocate moneys in the
Realignment Reinvestment Fund, no later than September 1 of
each year, to each county and city and county, for deposit in the
county’s or city and county’s Realignment Reinvestment Services
Account proportionally, based on the average daily population of
realigned offenders under each county’s supervision for the
preceding fiscal year. The Controller shall consult with the Board
of State and Community Corrections to determine the average
daily population for each county.

(b) There shall be established in each county or city and county
treasury a Realignment Reinvestment Services Account to receive
all amounts allocated to a county or city and county for purposes
of implementing this chapter.

(c) (1) Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 of the Penal
Code shall recommend a comprehensive, locally run supplemental
community-based corrections plan to the county board of
supervisors. The purpose of the plan shall be to improve the
outcomes of the 2011 Realignment Legislation addressing public
safety. The plan may include, but shall not be limited to, mental
health programs, substance abuse programs, transitional housing
programs, job placement programs, improved supervision
strategies, community-based punishment programs, increased law
enforcement staffing in cities and counties, county jail construction,
maintenance, and operation, assessment and criminal prosecution
of realigned offenders, and supervision or aftercare for offenders
sentenced pursuant to subdivision (h) of Section 1170 of the Penal
Code and offenders subject to postrelease community supervision
pursuant to Section 3451 of the Penal Code.

(A) The supplemental community-based corrections plan may
include, but shall not be limited to, all of the following components:

(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and other services that specifically target realigned offenders, and
their families.

(ii) An identification and prioritization of the neighborhoods
and other areas in the community that face a significant public
safety risk from realigned offenders and associated crimes,
including, but not limited to, gang activity, burglary, robbery,
vandalism, controlled substances sales, firearm-related violence,
and substance abuse.

(iii) A local action strategy that provides for a continuum of
responses to crime and demonstrates a collaborative and integrated
approach for implementing a system of swift, certain, and
graduated responses for realigned offenders.

(iv) A schedule of programs identified in clause (iii) that are
proposed to be funded pursuant to this subparagraph, including
the projected amount of funding for each program.

(v) An accounting of the number of new crimes or violations
committed by realigned offenders.

(vi) An evaluation of existing services and any gaps that may
exist in those services.

(B) Programs proposed to be funded shall satisfy all of the
following requirements:

(i) Be based on evidence-based programs and approaches that
have been demonstrated to be effective in reducing crime, or
programs that improve public safety through incapacitation,
prosecution, or treatment of realigned offenders.

(ii) Employ information sharing systems to ensure that county
and city actions are fully coordinated and designed to provide data
for measuring the success of programs and strategies.

(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures
to determine the effectiveness of the programs and contain an
accounting for all program participants, including those who do
not complete the programs. Outcome measures of the programs
proposed to be funded shall include, but not be limited to, all of
the following when that data is available and relevant to the
program:

(i) The rate of arrests per 100,000 population.

(ii) The rate of successful completion of probation and
postrelease community supervision.

(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.

(iv) Arrest, incarceration, and probation violation rates of
realigned offenders and other program participants.

(v) Quantification of the annual per capita costs of the program.

(D) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:

(i) Each county or city and county shall report, beginning
October 15, 2016, and annually each October 15 thereafter, to the
county board of supervisors and the Board of State and Community
Corrections, in a format specified by the board, on the programs
funded pursuant to this chapter and program outcomes as specified
in subparagraph (C).

(ii) The Board of State and Community Corrections shall
compile the local reports and, by March 15, 2017, and by March
15 of each year thereafter, make a report to the Governor and the
Legislature on program expenditures within each county and city
and county funded pursuant to this section and on the outcomes
as specified in subparagraph (C). A report submitted pursuant to
this clause shall be submitted in compliance with Section 9795 of
the Government Code.

(2) The supplemental community-based corrections plan shall
be voted on by an executive committee of each county’s
Community Corrections Partnership consisting of the chief
probation officer of the county as chair, a chief of police, the
sheriff, the District Attorney, the Public Defender, the presiding
judge of the superior court, or his or her designee, and one
department representative listed in either subparagraph (G), (H),
or (J) of paragraph (2) of subdivision (b) of Section 1230 of the
Penal Code, as designated by the county board of supervisors for
purposes related to the development and presentation of the plan.

(3) If a supplemental community-based corrections plan has
been previously approved by a county’s or city and county’s local
Community Corrections Partnership, the plan shall be reviewed
annually and modified as needed.

(4) The supplemental community-based corrections plan or
modified supplemental community-based corrections plan shall
be deemed accepted by the county board of supervisors unless the
board rejects the plan by a vote of four-fifths of the board, in which
case the plan shall go back to the Community Corrections
Partnership for further consideration.

(5) The supplemental community-based corrections plan or
modified supplemental community-based corrections plan shall
be submitted to the Board of State and Community Corrections
no later than October 15 of each year.

(d) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as described in
subdivision (a).

(e) Funds allocated pursuant to subdivision (c) shall be expended
or encumbered in accordance with this chapter no later than June
30 of the following fiscal year. A local agency that has not met
the requirement of this subdivision shall remit the unspent moneys
in the Realignment Reinvestment Services Account to the
Controller for deposit in the Realignment Reinvestment Fund.

(f) Beginning in 2016, and no later than May 1 of each year,
the Director of Finance shall, in consultation with the Legislative
Analyst, develop an estimate of the cost avoidances expected to
be realized by the Department of Corrections and Rehabilitation
in the current fiscal year that are a result of the 2011 Realignment
Legislation addressing public safety and report those estimates to
the chairpersons of the committees in each house of the Legislature
that consider appropriations and to the Chairperson of the Joint
Legislative Budget Committee. A report submitted pursuant to
this subdivision shall be submitted in compliance with Section
9795 of the Government Code. The Legislature may consider each
year whether to appropriate funds in augmentation of the moneys
otherwise allocated pursuant to this chapter in an amount up to
and including the amount of cost avoidances reported pursuant to
this subdivision.

30032.  

(a) Moneys allocated from a Realignment Reinvestment
Services Account to a recipient entity shall be expended exclusively
for services included in the county’s or city and county’s
supplemental community-based corrections plan. These moneys
shall supplement existing services, and shall not be used to supplant
any existing funding for law enforcement services or programs or
activities included in the supplemental community-based
corrections plan provided by that entity.

(b) In no event shall any moneys allocated from the county’s
or city and county’s Realignment Reinvestment Services Account
be expended by a recipient entity to fund any of the following:

(1) Administrative overhead costs in excess of 1 percent of a
recipient entity’s Realignment Reinvestment Services Account
allocation for that fiscal year.

(2) The costs of any capital project or construction project that
does not directly support programs or activities included in the
supplemental community-based corrections plan.

(c) For purposes of this section, both of the following shall
apply:

(1) A “recipient entity” is that entity that actually incurs the
expenditures of Realignment Reinvestment Services Account funds
allocated pursuant to subdivision (c) of Section 30301.

(2) Administrative overhead costs shall only be charged by the
recipient entity, as defined in paragraph (1), up to 1 percent of its
Realignment Reinvestment Services Account allocation.

30033.  

The moneys in the Realignment Reinvestment Services
Account established pursuant to subdivision (b) of Section 30031
in each county or city and county shall be expended exclusively
as required by this chapter. Moneys allocated from the account
shall not be transferred to, or commingled with, the moneys in any
other fund in the county or city and county treasury, except that
moneys may be transferred from the account to the county’s or
city and county’s general fund to the extent necessary to facilitate
the appropriation and expenditure of those transferred moneys in
the manner required by this chapter.

SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.