BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 843


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          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