Amended in Senate March 31, 2016

Senate BillNo. 1326


Introduced by Senators Nielsen and Nguyen

February 19, 2016


begin deleteAn act to amend Section 8585.05 of the Government Code, relating to emergency services. end deletebegin insertAn 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.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1326, as amended, Nielsen. begin deleteOffice of Emergency Services. end deletebegin insert2015 Realignment Legislation addressing justice reinvestment. end insert

begin insert

(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.

end insert
begin insert

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 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 $1,300,000,000 from the General Fund to the Realignment Reinvestment Fund for the 2016-17 fiscal year, thereby making an appropriation. The bill would, beginning in the 2017-18 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.

end insert
begin insert

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.

end insert
begin insert

The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys be used 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 45 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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

(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.

end insert
begin insert

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.

end insert
begin delete

The California Emergency Services Act, among other things, establishes the Office of Emergency Services within the office of the Governor, under the charge of a Director of Emergency Services appointed by the Governor. The act and other existing law set forth the duties and authority of the office and the director with respect to specified emergency preparedness, mitigation, and response activities within the state.

end delete
begin delete

This bill would make nonsubstantive changes to the act.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

This act shall be known, and may be cited, as the
22015 Realignment Legislation addressing justice reinvestment.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The Legislature finds and declares all of the following:

end insert
begin insert

4
(a) The Legislature is committed to reducing recidivism among
5criminal offenders, ensuring that local governments have adequate
6funding to achieve this goal, and facilitating the responsible
7implementation of the criminal justice policies contained in the
82011 Realignment Legislation addressing public safety.

end insert
begin insert

9
(b) California must continue to reinvest its criminal justice
10resources to support community-based corrections programs,
11 evidence-based practices, and local correctional facilities in order
12to achieve improved public safety returns on this state’s substantial
13investment in its criminal justice system.

end insert
begin insert

14
(c) Realigning low-level felony offenders who do not have prior
15convictions for serious, violent, or sex offenses to locally run
P4    1community-based corrections programs, which are strengthened
2through community-based punishment, evidence-based practices,
3improved supervision strategies, and enhanced secured capacity,
4has the potential to improve public safety outcomes for adult felons
5and facilitate their reintegration back into society. However, local
6governments have indicated that current resources provided by
7the state to achieve these goals are inadequate. This lack of
8resources has resulted in deficiencies in bed space, evidence-based
9programs, and treatment options. Community-based corrections
10programs require additional funding to meet the level of need and
11 provide an appropriate level of service for offender populations
12shifted as a result of the 2011 Realignment Legislation addressing
13public safety.

end insert
begin insert

14
(d) By enacting the 2011 Realignment Legislation addressing
15public safety, the Legislature affirmed its commitment to justice
16reinvestment and stated that the purpose of justice reinvestment
17is to manage and allocate criminal justice populations more cost
18effectively, generating savings that can be reinvested in
19evidence-based strategies that increase public safety while holding
20offenders accountable.

end insert
begin insert

21
(e) In order to properly implement the 2011 Realignment
22Legislation addressing public safety, it is the intent of the
23Legislature to fully commit to justice reinvestment by using
24identified state savings generated by the 2011 Realignment
25Legislation addressing public safety and any other necessary funds
26to provide local governments with maximum flexibility and
27adequate funding to manage these new offenders in the manner
28that is in the best interest of public safety, most appropriate to
29each county, and consistent with principles of justice reinvestment.

end insert
begin insert

30
(f) The Department of Corrections and Rehabilitation published
31a document in April 2012 entitled “The Future of California
32Corrections,” sometimes referred to as the “Corrections
33Blueprint” or the “Blueprint,” detailing the department’s plan to
34implement the 2011 Realignment Legislation, address public safety,
35and save billions of dollars. The Department of Finance and the
36Department of Corrections and Rehabilitation published a report
37in January 2016 entitled “An Update to the Future of California
38Corrections,” which indicated that, after making certain specified
39adjustments, the Governor’s proposed budget for the Department
40of Corrections and Rehabilitation for the 2016-17 fiscal year is
P5    1one billion three hundred million dollars ($1,300,000,000) less
2than the pre-Realignment, pre-Blueprint multiyear forecast for the
3Department of Corrections and Rehabilitation for the same fiscal
4year. Some or all of these savings, and any future savings, should
5be allocated to counties to mitigate the effects of the 2011
6Realignment Legislation addressing public safety.

end insert
7begin insert

begin insertSEC. 3.end insert  

end insert

begin insertChapter 6.4 (commencing with Section 30030) is added
8to Division 3 of Title 3 of the end insert
begin insertGovernment Codeend insertbegin insert, to read:end insert

begin insert

9 

10Chapter  begin insert6.4.end insert Realignment Reinvestment Fund
11

 

12

begin insert30030.end insert  

For purposes of this chapter, “realigned offenders”
13means offenders sentenced to a county jail or to mandatory
14supervision, or to both county jail and mandatory supervision,
15pursuant to subdivision (h) of Section 1170 of the Penal Code,
16offenders subject to postrelease community supervision pursuant
17to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal
18Code, and any other offenders under county supervision whose
19supervision would have been the responsibility of the state if the
202011 Realignment Legislation addressing public safety had not
21been enacted.

22

begin insert30031.end insert  

(a) (1) The Realignment Reinvestment Fund is hereby
23established in the State Treasury. Moneys in the fund are
24continuously appropriated and shall be used exclusively for the
25purposes of this chapter.

26
(2) (A) Beginning in 2017, on or after July 1, and no later than
27August 31 of each year, the Director of Finance shall calculate
28both of the following:

29
(i) The actual net savings to the state for the immediately
30preceding fiscal year resulting from the 2011 Realignment
31Legislation addressing public safety.

32
(ii) An estimate of the net savings to the state for the current
33 fiscal year resulting from the 2011 Realignment Legislation
34addressing public safety.

35
(B) For the calculation pursuant to clauses (i) and (ii) of
36subparagraph (A), the Director of Finance shall, to the extent
37possible, use the same methodology used to determine that the
38proposed 2016-17 budget for the Department of Corrections and
39Rehabilitation is one billion three hundred million dollars
40($1,300,000,000) less than the adjusted multiyear forecast for
P6    12016-17, as reflected on page 30 of the report published by the
2Department of Finance and the Department of Corrections and
3Rehabilitation in January 2016, entitled “An Update to the Future
4of California Corrections.” The Director of Finance shall use the
5same adjustments used in the report when making savings
6calculations, including adjustments for employee compensation,
7retirement contributions, Proposition 98 funding, and the activation
8of the California Health Care facility.

9
(3) For the 2016-17 fiscal year, the Controller shall transfer
10one billion three hundred million dollars ($1,300,000,000) from
11the General Fund to the Realignment Reinvestment Fund for
12allocation pursuant to paragraph (5).

13
(4) Beginning with the 2017-18 fiscal year, and each fiscal year
14thereafter, the Controller shall transfer an amount equal to the
15difference between the amount identified in subparagraph (A) and
16the amount identified in subparagraph (B) from the General Fund
17to the Realignment Reinvestment Fund for allocation pursuant to
18paragraph (5).

19
(A) The estimate of net savings for the current fiscal year
20calculated pursuant to clause (ii) of subparagraph (A) of
21paragraph (2).

22
(B) An adjustment for the immediately preceding fiscal year
23that is the result of subtracting the amount calculated pursuant to
24clause (i) of subparagraph (A) of paragraph (2) for that fiscal year
25from the amount estimated pursuant to clause (ii) of subparagraph
26(A) of paragraph (2) for that fiscal year.

27
(5) The Controller shall annually allocate moneys in the
28Realignment Reinvestment Fund, no later than September 1 of
29each year, to each county and city and county for deposit in the
30county’s or city and county’s Realignment Reinvestment Services
31Account proportionally based on the average daily population of
32realigned offenders under each county’s supervision for the
33immediately preceding fiscal year. The Controller shall consult
34with the Board of State and Community Corrections to determine
35the average daily population for each county.

36
(b) There shall be established in each county or city and county
37treasury a Realignment Reinvestment Services Account to receive
38all amounts allocated to a county or city and county for purposes
39of implementing this chapter.

P7    1
(c) (1) Each county local Community Corrections Partnership
2established pursuant to subdivision (b) of Section 1230 of the Penal
3Code shall recommend a comprehensive, locally run supplemental
4community-based corrections plan to the county board of
5supervisors. The purpose of the plan shall be to improve the
6outcomes of the 2011 Realignment Legislation addressing public
7safety. The plan may include, but shall not be limited to, mental
8health programs, substance abuse programs, transitional housing
9programs, job placement programs, improved supervision
10strategies, community-based punishment programs, increased law
11enforcement staffing in cities and counties, county jail construction,
12maintenance, and operation, assessment and criminal prosecution
13of realigned offenders, and supervision or aftercare for offenders
14 sentenced pursuant to subdivision (h) of Section 1170 of the Penal
15Code and offenders subject to postrelease community supervision
16pursuant to Section 3451 of the Penal Code.

17
(A) The supplemental community-based corrections plan may
18include, but shall not be limited to, all of the following components:

19
(i) An assessment of existing law enforcement, probation,
20education, mental health, health, social services, drug and alcohol,
21and other services that specifically target realigned offenders and
22their families.

23
(ii) An identification and prioritization of the neighborhoods
24and other areas in the community that face a significant public
25safety risk from realigned offenders and associated crimes,
26including, but not limited to, gang activity, burglary, robbery,
27vandalism, controlled substances sales, firearm-related violence,
28and substance abuse.

29
(iii) A local action strategy that provides for a continuum of
30responses to crime and demonstrates a collaborative and integrated
31approach for implementing a system of swift, certain, and
32graduated responses for realigned offenders.

33
(iv) A schedule of programs identified in clause (iii) that are
34proposed to be funded pursuant to this subparagraph, including
35the projected amount of funding for each program.

36
(v) An accounting of the number of new crimes or violations
37committed by realigned offenders.

38
(vi) An evaluation of existing services and any gaps that may
39exist in those services.

P8    1
(B) Programs proposed to be funded shall satisfy all of the
2following requirements:

3
(i) Be based on evidence-based programs and approaches that
4have been demonstrated to be effective in reducing crime or
5programs that improve public safety through incapacitation,
6prosecution, or treatment of realigned offenders.

7
(ii) Employ information sharing systems to ensure that county
8and city actions are fully coordinated and designed to provide
9data for measuring the success of programs and strategies.

10
(C) The plan shall also identify the specific objectives of the
11programs proposed for funding and specified outcome measures
12to determine the effectiveness of the programs and contain an
13accounting for all program participants, including those who do
14not complete the programs. Outcome measures of the programs
15proposed to be funded shall include, but not be limited to, all of
16the following when that data is available and relevant to the
17program:

18
(i) The rate of arrests per 100,000 population.

19
(ii) The rate of successful completion of probation and
20postrelease community supervision.

21
(iii) The rate of successful completion of restitution and
22court-ordered community service responsibilities.

23
(iv) Arrest, incarceration, and probation violation rates of
24realigned offenders and other program participants.

25
(v) Quantification of the annual per capita costs of the program.

26
(D) To assess the effectiveness of programs funded pursuant to
27this paragraph using the program outcome criteria specified in
28subparagraph (C), the following periodic reports shall be
29submitted:

30
(i) Each county or city and county shall report, beginning
31October 15, 2017, and annually each October 15 thereafter, to
32the county board of supervisors and the Board of State and
33Community Corrections, in a format specified by the board, on
34the programs funded pursuant to this chapter and program
35outcomes as specified in subparagraph (C).

36
(ii) The Board of State and Community Corrections shall
37compile the local reports and, by March 15, 2018, and by March
3815 of each year thereafter, make a report to the Governor and the
39Legislature on program expenditures within each county and city
40and county funded pursuant to this section and on the outcomes
P9    1as specified in subparagraph (C). A report submitted pursuant to
2this clause shall be submitted in compliance with Section 9795 of
3the Government Code.

4
(2) The supplemental community-based corrections plan shall
5be voted on by an executive committee of each county’s Community
6Corrections Partnership consisting of the chief probation officer
7of the county as chair, a chief of police, the sheriff, the district
8attorney, the public defender, the presiding judge of the superior
9court, or his or her designee, and one department representative
10listed in either subparagraph (G), (H), or (J) of paragraph (2) of
11subdivision (b) of Section 1230 of the Penal Code, as designated
12by the county board of supervisors for purposes related to the
13development and presentation of the plan.

14
(3) If a supplemental community-based corrections plan has
15been previously approved by a county’s or city and county’s local
16Community Corrections Partnership, the plan shall be reviewed
17annually and modified as needed.

18
(4) The supplemental community-based corrections plan or
19modified supplemental community-based corrections plan shall
20be deemed accepted by the county board of supervisors unless the
21board rejects the plan by a vote of four-fifths of the board, in which
22case the plan shall go back to the Community Corrections
23 Partnership for further consideration.

24
(5) The supplemental community-based corrections plan or
25modified supplemental community-based corrections plan shall
26be submitted to the Board of State and Community Corrections
27no later than October 15 of each year.

28
(d) The Controller shall allocate funds to local jurisdictions for
29public safety in accordance with this section as described in
30subdivision (a).

31
(e) Funds allocated pursuant to subdivision (c) shall be
32expended or encumbered in accordance with this chapter no later
33than June 30 of the following fiscal year. A local agency that has
34not met the requirement of this subdivision shall remit the unspent
35moneys in the Realignment Reinvestment Services Account to the
36Controller for deposit in the Realignment Reinvestment Fund.

37
(f) Beginning in 2017, and no later than May 1 of each year,
38the Director of Finance shall, in consultation with the Legislative
39Analyst, develop an estimate of the cost avoidances expected to
40be realized by the Department of Corrections and Rehabilitation
P10   1in the current fiscal year that are a result of the 2011 Realignment
2Legislation addressing public safety and report those estimates to
3the chairpersons of the committees in each house of the Legislature
4that consider appropriations and to the Chairperson of the Joint
5Legislative Budget Committee. A report submitted pursuant to this
6subdivision shall be submitted in compliance with Section 9795
7of the Government Code. The Legislature may consider each year
8whether to appropriate funds in augmentation of the moneys
9otherwise allocated pursuant to this chapter in an amount up to
10and including the amount of cost avoidances reported pursuant
11to this subdivision.

12

begin insert30032.end insert  

(a) Moneys allocated from a Realignment Reinvestment
13Services Account to a recipient entity shall be expended exclusively
14for services included in the county’s or city and county’s
15supplemental community-based corrections plan. These moneys
16shall supplement existing services and shall not be used to supplant
17any existing funding for law enforcement services or programs or
18activities included in the supplemental community-based
19corrections plan provided by that entity.

20
(b) In no event shall any moneys allocated from the county’s or
21city and county’s Realignment Reinvestment Services Account be
22expended by a recipient entity to fund any of the following:

23
(1) Administrative overhead costs in excess of 1 percent of a
24recipient entity’s Realignment Reinvestment Services Account
25allocation for that fiscal year.

26
(2) The costs of any capital project or construction project that
27does not directly support programs or activities included in the
28supplemental community-based corrections plan.

29
(c) For purposes of this section, both of the following shall
30apply:

31
(1) A “recipient entity” is that entity that actually incurs the
32expenditures of Realignment Reinvestment Services Account funds
33allocated pursuant to subdivision (c) of Section 30301.

34
(2) Administrative overhead costs shall only be charged by the
35recipient entity, as defined in paragraph (1), up to 1 percent of its
36Realignment Reinvestment Services Account allocation.

37

begin insert30033.end insert  

The moneys in the Realignment Reinvestment Services
38Account established pursuant to subdivision (b) of Section 30031
39in each county or city and county shall be expended exclusively
40as required by this chapter. Moneys allocated from the account
P11   1shall not be transferred to, or commingled with, the moneys in any
2other fund in the county or city and county treasury, except that
3moneys may be transferred from the account to the county’s or
4city and county’s general fund to the extent necessary to facilitate
5the appropriation and expenditure of those transferred moneys in
6the manner required by this chapter.

end insert
7begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.

end insert
begin delete
12

SECTION 1.  

Section 8585.05 of the Government Code is
13amended to read:

14

8585.05.  

Unless the context otherwise requires, for the purposes
15of this article, the following definitions shall apply:

16(a) “Agency” or “office” means the Office of Emergency
17Services.

18(b) “California Emergency Management Agency” means the
19Office of Emergency Services.

20(c) “Director” or “secretary” means the Director of Emergency
21 Services.

end delete


O

    98