Amended in Senate March 28, 2016

Senate Bill No. 1327

Introduced by Senators Nguyen and Nielsen

February 19, 2016

begin delete An act to amend Section 487 of the Penal Code, relating to theft. end delete begin insert An act to add Article 1.5 (commencing with Section 6033) to Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to corrections, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1327, as amended, Nguyen. begin delete Grand theft. end delete begin insert Criminal Justice Reinvestment Assessment Grant Program of 2016. end insert

begin insert

Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs.

end insert begin insert

This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2016. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society.

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The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2016, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties.

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The bill would require each county to report specified data to the board, on or before January 1, 2017, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2017, and annually thereafter.

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By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program.

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The bill would appropriate an unspecified sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment.

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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.

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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.

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The bill would declare that it is to take effect immediately as an urgency statute.

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Existing law defines grand theft as the wrongful taking of money, labor, or property of a value exceeding $950, except as specified.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 1.5 (commencing with Section 6033) is
added to Chapter 5 of Title 7 of Part 3 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 1.5. end insert   Criminal Justice Reinvestment Assessment Grant
Program of 2016

 

begin insert 6033. end insert   

This article shall be known, and may be cited, as the
Criminal Justice Reinvestment Assessment Grant Program of 2016.

begin insert 6033.2. end insert   

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) 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 criminal justice populations more cost effectively,
generating savings that can be reinvested in evidence-based
strategies that increase public safety while holding offenders
accountable.

(c) The 2011 Realignment Legislation addressing public safety
represents a significant shift of responsibilities. However, the quick
and unanticipated nature of the passage of this legislation, in
combination with broad county discretion in its implementation,
offers a unique opportunity to identify best practices in community
corrections and the impacts of correctional decentralization.

(d) The 2011 Realignment Legislation addressing public safety
did not require counties to collect data on outcome measures, nor
did it provide specific resources for data collection that if
adequately funded and properly implemented would allow
policymakers, researchers, stakeholders, and counties to take
advantage of the historic opportunity to study and evaluate the
changing felon population and the strategies and interventions
that counties employ to reduce recidivism.

(e) The Bureau of State Audits’ September 2013 High Risk report
identified the 2011 realignment of criminal justice responsibilities
between the state and counties as a “high-risk” policy, citing a
lack of “reliable and meaningful realignment data to ensure [the
state’s] ability to effectively monitor progress toward achieving
intended realignment goals.”

(f) The Department of Corrections and Rehabilitation published
a document in April 2012 entitled “The Future of California
Corrections,” sometimes referred to as the “Corrections
Blueprint” or the “Blueprint,” detailing the department’s plan to
implement the 2011 Realignment Legislation, address public safety,
and save billions of dollars. The Department of Finance and the
Department of Corrections and Rehabilitation published a report
in January 2016 entitled “An Update to the Future of California
Corrections,” which indicated that after making certain specified
adjustments the Governor’s proposed budget for the Department
of Corrections and Rehabilitation for the 2016-17 fiscal year is
one billion three hundred million dollars ($1,300,000,000) less
than the pre-Realignment, pre-Blueprint multi-year forecast for
the Department of Corrections and Rehabilitation for the same
fiscal year. It is the intent of the Legislature to reinvest some or
all of these savings in programs that reduce criminal recidivism,
including a program to establish and implement reporting systems
that are necessary to facilitate the identification and expansion of
programs that provide proven evidence-based local programming
opportunities for the successful reintegration of offenders into
society.

begin insert 6033.4. end insert   

(a) The Criminal Justice Reinvestment Assessment
Grant Program of 2016, which is hereby established, shall be
administered by the Board of State and Community Corrections
for the purpose of establishing and implementing reporting systems
to identify and expand programs that provide proven,
evidence-based, local programming opportunities for the successful
reintegration of offenders into society. The board shall award
grants to assist counties with the creation or expansion of
infrastructure that allows each county to consistently collect and
report criminal justice information as required by Sections 6033.10
and 6033.12.

(b) For purposes of this article, “board” means the Board of
State and Community Corrections.

begin insert 6033.6. end insert   

(a) On or before June 1, 2016, each local community
corrections partnership established pursuant to Section 1230 shall
report to the board on the county’s capacity to collect and report
the data required by Sections 6033.10 and 6033.12. The report
shall include a local plan that identifies the additional resources
necessary for that county to consistently collect and report criminal
justice information as required by Sections 6033.10 and 6033.12.

(b) The board shall review each assessment submitted pursuant
to subdivision (a) and shall prioritize and award grants pursuant
to Section 6033.8. Funding shall be used to supplement, rather
than supplant, existing programs. Grant funds shall be used for
programs that are identified in the local plan submitted pursuant
to subdivision (a).

(c) The board shall submit to the Legislature on or before June
15, 2016, a report detailing the estimated need, cost, and schedule
for each county to consistently collect and report criminal justice
information as required by Sections 6033.10 and 6033.12. The
report shall be submitted in compliance with Section 9795 of the
Government Code.

begin insert 6033.8. end insert   

(a) The board shall establish minimum standards,
funding schedules, and procedures for awarding grants, which
shall take into consideration, but not be limited to, all of the
following:

(1) Size of the county.

(2) Demonstrated efforts to report data prior to January 1,
2017.

(3) Demonstrated ability to report data prior to January 1,
2017.

(b) The board shall give preference to counties that have
demonstrated efforts to independently collect data on a countywide
basis.

begin insert 6033.10. end insert   

(a) On or before January 1, 2017, and annually each
year thereafter, each county shall report specified data to the board
in a format prescribed by the board. The board shall specify and
define minimum required reporting which shall include, but not
be limited to, the following for each individual sentenced pursuant
to subdivision (h) of Section 1170:

(1) Individual identifiers.

(2) County identifiers.

(3) Date of birth.

(4) Gender.

(5) Race or ethnicity.

(6) Age at first arrest.

(7) Conviction offense.

(8) Sanction or sentence received.

(9) Total jail time served.

(10) Release status.

(11) Violations of probation.

(12) Rearrests.

(13) Reconvictions.

(14) Any other return to custody.

(15) Use of flash incarceration.

(16) Assessed risk level.

(17) Participation in pretrial programs.

(18) Participation in specialty court.

(19) Participation in day reporting release programs.

(20) Participation in electronic monitoring programs.

(21) Participation in community service release programs.

(22) Participation in work release programs.

(23) Participation in intensive probation supervision.

(24) Needs assessment.

(25) Any reentry programming provided.

(26) Participation in cognitive behavioral therapy.

(27) Participation in mental health treatment.

(28) Participation in substance abuse treatment.

(29) Participation in gender-specific programming.

(30) Participation in family programming.

(31) Any health care assistance provided.

(32) Any housing assistance provided.

(33) Any income support provided.

(34) Any employment assistance provided.

(35) Any vocational training assistance provided.

(36) Any educational enrollment assistance provided.

(37) Any mentoring programming provided.

(38) Any peer support programming provided.

(b) The board shall compile the local reports and, by May 15,
2017, and, notwithstanding Section 10231.5 of the Government
Code, by May 15 of each year thereafter, make a report to the
Governor and the Legislature that summarizes the data reported
by the counties pursuant to subdivision (a). The report submitted
to the Legislature shall be submitted in compliance with Section
9795 of the Government Code.

begin insert 6033.12. end insert   

(a) On or before January 1, 2017, and annually each
year thereafter, each county shall provide specified data to the
board in a format prescribed by the board. The board shall specify
and define minimum required reporting which shall include, but
not be limited to, the following for each individual supervised
pursuant to Section 3451:

(1) Violations of postrelease community supervision.

(2) Rearrests.

(3) Reconvictions.

(4) Any other return to custody.

(5) Use of flash incarceration.

(6) Participation in intensive probation supervision.

(7) Any reentry programming provided.

(8) Participation in cognitive behavioral therapy and whether
the individual has completed or failed to complete the therapy’s
requirements.

(9) Participation in mental health treatment and whether the
individual has completed or failed to complete the treatment’s
requirements.

(10) Participation in substance abuse treatment and whether
the individual has completed or failed to complete the treatment’s
requirements.

(11) Participation in gender-specific programming.

(12) Participation in family programming.

(13) Any health care assistance provided.

(14) Any housing assistance provided.

(15) Any income support provided.

(16) Any employment assistance provided.

(17) Any vocational training assistance provided.

(18) Any educational enrollment assistance provided.

(19) Any mentoring programming provided.

(20) Any peer support programming provided.

(b) The board shall compile the local reports and, by May 15,
2017, and, notwithstanding Section 10231.5 of the Government
Code, by May 15 of each year thereafter, make a report to the
Governor and the Legislature that summarizes the data reported
by the counties pursuant to subdivision (a). The report submitted
to the Legislature shall be submitted in compliance with Section
9795 of the Government Code.

begin insert 6033.14. end insert   

(a) The amount of ____ dollars ($____) is hereby
appropriated from the General Fund to the board for the 2016−17
fiscal year for the purpose of implementing this article.

(b) The board may award up to the amount of the appropriation,
less the board’s administrative costs, not to exceed 5 percent of
the total grant funding awarded statewide, as individual grants
not exceeding ____to counties to assist in establishing data
reporting systems that will allow a county to consistently collect
and report criminal justice information as required by Sections
6033.10 and 6033.12.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to ensure that relevant data pertaining to the 2011
Realignment Legislation addressing public safety are collected
and reported as soon as possible to allow stakeholders to measure
the effectiveness of this landmark change in public safety policy,
it is necessary that this bill go into immediate effect.

end insert

begin delete

SECTION 1.  

Section 487 of the Penal Code is amended to
read:

487.  

Grand theft is theft committed in any of the following
cases:

(a) When the money, labor, or real or personal property taken
is of a value exceeding nine hundred fifty dollars ($950), except
as provided in subdivision (b).

(b) Notwithstanding subdivision (a), grand theft is committed
in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or
deciduous fruits, other fruits, vegetables, nuts, artichokes, or other
farm crops are taken of a value exceeding two hundred fifty dollars
($250).

(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), the value may
be shown by the presentation of credible evidence that establishes
that on the day of the theft domestic fowls, avocados, olives, citrus
or deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops of the same variety and weight exceeded two
hundred fifty dollars ($250) in wholesale value.

(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or
research operation which is producing that product, of a value
exceeding two hundred fifty dollars ($250).

(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more
in any 12 consecutive month period.

(c) When the property is taken from the person of another.

(d) When the property taken is any of the following:

(1) An automobile.

(2) A firearm.

end delete