BILL ANALYSIS Ó
SB 843
Page 1
SENATE THIRD READING
SB
843 (Committee on Budget and Fiscal Review)
As Amended June 12, 2016
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 2016 related to public
safety. Specifically, this bill:
1)Abolishes the Board of Prison Terms and Establishes the Board
of Juvenile Hearings and the Board of Parole Hearings.
2)Authorizes three Commissioners and grants responsibility for
juvenile matters previously held by the Board of Prison Terms
to the Board of Juvenile Hearings.
3)Authorizes 14 Commissioners and grants responsibility for
adult matters previously held by the Board of Prison Terms to
the Board of Parole Hearings.
4)Gives the Governor authority to appoint three Commissioners to
the Board of Juvenile Hearings, subjects the appointees to
Senate confirmation, and limits each appointment to a lifespan
of five years.
5)Gives the Governor authority to appoint 14 Commissioners to
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the Board of Parole Hearings, subjects the appointees to
Senate confirmation, and limits each appointment to a lifespan
of three years.
6)Gives the Governor authority to periodically designate the
Chairpersons of the Board of Juvenile Hearings and the Board
of Parole Hearings
7)Requires commissioners and board representatives to undergo 40
hours of training, annually, related to their Board of
Juvenile Hearings duties.
8)Requires the Judicial Council to hold a reserve of $10,000,000
in the Trial Court Trust Fund to be available to trial courts
for emergencies.
9)Requires any funding allocated from the Trial Court Trust Fund
Emergency Reserve to be replenished on an annual basis from
the trial court base allocations.
10)Requires the Judicial Council to establish a process for
trial courts to apply for emergency funding from the Trial
Court Trust Fund Emergency Reserve.
11)Eliminates the Sunset for the Sargent Shriver Civil Counsel
Act which:
?provides legal representation to low-income
Californians at or below 200% of the federal
poverty level. The purpose of these services
is to ensure that unrepresented parties in the
proposed case types have meaningful access, to
guard against the involuntary waiver of rights
in the selected legal areas or the disposition
of cases by default, and to encourage fair and
expeditious voluntary dispute resolution,
consistent with principles of judicial
neutrality.
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12)Creates the Major League Sporting Event Raffle Fund (MLSERF).
13)Authorizes a General Fund loan of up to $1,005,000 over a
three-year period, not to exceed $335,000 per year, to address
Department of Justice's (DOJ's) workload related to the
initial implementation of SB 549 (Hall), Chapter 509, Statutes
of 2015, which authorized Major League sports teams to conduct
50/50 raffles for charity.
14)Requires the $1,005,000 General Fund loan to the MLSERF to be
repaid as soon as is reasonable; but, no later than December
31, 2018.
15)Defines "eligible organizations" under the Major League
Sporting Event Raffle program as: Major League Baseball
(MLB), National Hockey League (NHL), National Basketball
Association (NBA), National Football League (NFL), Women's
National Basketball League (WNBA), Major League Soccer (MLS),
or a private nonprofit organization established by the
Professional Golfers' Association of America (PGA), the
Ladies' Professional Golfers' Association of America (LPGA),
National Association of Stock Car Racing (NASCAR) that has
been qualified to conduct business in the state of California
for at least one year before conducting a raffle and complies
with specified state and federal taxation laws.
16)Establishes the Law Enforcement Assisted Diversion (LEAD)
pilot program to be administered by the Board of State and
Community Corrections and provides a $15 million allocation.
17)Authorizes the Board of State and Community Corrections to
award competitive LEAD grants to up to three jurisdictions as
specified.
18)Requires the Board of State and Community Corrections to
contract with an outside entity to evaluate and report to the
Legislature on programmatic outcomes by January 1, 2020.
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19)Reduces the number of peremptory challenges (from 10 to six)
in criminal cases, if the offense charged is punishable with a
maximum term of imprisonment of one year or less.
20)Reduces the number of additional peremptory challenges
afforded to each individual defendant (from four to two) when
two or more defendants are jointly tried in criminal cases, if
the offense charged is punishable with a maximum term of
imprisonment of one year or less.
21)Requires a study and a report to the Legislature outlining
the impact of the reductions to peremptory challenges
described above on or before January 1, 2020.
22)Sunsets the reductions to peremptory challenges described
above on January 1, 2020.
23)Requires the California Department of Corrections and
Rehabilitation (CDCR), under the oversight of the
Undersecretary of Health Care Services, to establish a
three-year pilot program at one or more institutions that will
provide a medically assisted substance use disorder treatment
model for treatment of inmates with a history of substance use
problems.
24)Requires the CDCR to submit annual reports to the Legislature
on the medically assisted substance use disorder treatment
pilot program beginning March 1, 2017.
25)Provides authority for the CDCR to implement the plan
outlined in its report submitted to the Legislature in January
of 2017 titled: "An Update to the Future of California
Corrections". (Entire report is available at:
http://www.dof.ca.gov/documents/2016_Cor-Gen_Report.pdf )
26)Requires, upon appropriation by the Legislature, the
department to distribute funding for a grant program to
institutions that are underserved by volunteer and
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not-for-profit organizations, as specified.
27)Increases the period of time prior to release during which a
state prison inmate is eligible to participate in a community
correctional reentry facility program from 120 days to one
year.
28)Requires the CDCR to file an interim report on its contraband
interdiction efforts by June 30, 2016 and a final report by
April 30, 2017.
29)Aligns family visitation rule for Lifers with those of all
other CDCR inmate groups.
30)Authorizes the Governor to appoint the chairperson of the
Commission on Peace Officers Standards and Training (POST) and
authorizes the members of the Commission to select a vice
chair from its membership.
31)Requires the Commission on Correctional Peace Officer
Standards and Training (CPOST) to consider including
additional training on mental health, rehabilitation, and the
theory and history of corrections in its standards for
training state correctional officers.
32)Authorizes the DOJ to increase the $5 Firearms Safety
Certificate fee and the $1 firearms safety device fee, which
are paid by firearms purchasers at the time of purchase, by
the rate of inflation as measured by the rate of increase in
the California Consumer Price Index.
33)Deletes current law that continuously appropriates moneys in
the Firearms Safety and Enforcement Special Fund to the DOJ
and instead makes the DOJ's use of these moneys subject to
appropriation by the Legislature.
34)Establishes a competitive grant program, administered by the
California Health Facilities Financing Authority (Authority),
to promote diversion programs and services by increasing and
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expanding local facilities for mental health treatment,
substance use disorder treatment, and trauma-centered
services. Authorizes grant funds to be spent on facility
acquisition or renovation, equipment purchase, and program
startup or expansion costs. Authorizes the Authority to adopt
emergency regulations to govern the grant program. Requires
the Authority to report on its implementation progress by
April 1, 2018, again by April 1, 2019, and a final time by
April 1, 2020.
35)Deletes from law a required minimum number of beds for civil
commitments and a maximum number of beds for forensic
commitments at Napa State Hospital.
36)Contains an appropriation allowing this bill to take effect
immediately upon enactment.
Analysis Prepared by:
Marvin Deon / BUDGET / (916) 319-2099 FN:
0003429