BILL NUMBER: AB 1913	CHAPTERED
	BILL TEXT

	CHAPTER   353
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 7, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Member Cardenas
   (Principal coauthor:  Senator Schiff)

                        FEBRUARY 11, 2000

   An act to repeal and add Sections 30061, 30062, 30063, and 30064.1
of, and to repeal Chapter 6.7 (commencing with Section 30061) of
Division 3 of Title 3 of, the Government Code, and to amend Section 6
of Chapter 100 of the Statutes of 2000, relating to law enforcement,
making an appropriation therefor, and declaring the urgency thereof,
to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1913, Cardenas.   Local law enforcement funding.
   (1) Existing law establishes in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF) and requires that
moneys from this fund be allocated to counties and cities located
within a county in accordance with specified requirements for, among
other things, front line law enforcement services.
   This bill would allocate 50% of SLESF moneys to counties and
cities and counties to implement a comprehensive multiagency juvenile
justice plan with specified components and objectives, and would
require that the plan be developed by the local juvenile justice
coordinating council in each county and city and county.  The bill
would redefine front line law enforcement services to include
juvenile justice programs.  The bill would require the plan to be
submitted to the Board of Corrections for review and approval in
order to be funded.  The bill would require the county or city and
county to report to the board on the programs funded and the board
would be required to compile the reports for an interim and a final
report to the Governor and the Legislature.
   (2) Existing law appropriated $121,300,000 from the General Fund
to the Controller for the 2000-01 fiscal year for allocation to
counties and cities and counties for supplemental local law
enforcement funding pursuant to the bill.
   This bill would increase this appropriation to $243,350,000 and
include in this amount an allocation of $750,000 to the Board of
Corrections for administrative expenses.
   (3) Existing law provides that these provisions governing
supplemental local law enforcement funding shall become inoperative
on July 1, 2004, and are repealed as of January 1, 2005.
   This bill would make these provisions inoperative on July 1, 2002,
and would repeal them as of January 1, 2003.
  (4) This bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation:  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
Schiff-Cardenas Crime Prevention Act of 2000.
  SEC. 2.  Section 30061 of the Government Code, as amended by
Chapter 100 of the Statutes of 2000, is repealed.
  SEC. 3.  Section 30061 is added to the Government Code, to read:
   30061.  (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
   (b) In any fiscal year for which a county receives money to be
expended for the implementation of this chapter, the county auditor
shall allocate moneys in the county's SLESF, including any interest
or other return earned on the investment of those moneys, within 30
days of the deposit of those moneys into the fund, and shall allocate
those moneys in accordance with the following requirements:
   (1) Five and fifteen one hundredths percent (5.15%) to the county
sheriff for county jail construction and operation.  In the case of
Madera, Napa, and Santa Clara Counties, this allocation shall be made
to the county director or chief of corrections.
   (2) Five and fifteen one hundredths percent (5.15%) to the
district attorney for criminal prosecution.
   (3) Thirty-nine and seven-tenths percent (39.7%) to the county and
the cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide a grant of at least one hundred thousand dollars
($100,000) to each law enforcement jurisdiction.  For a newly
incorporated city whose population estimate is not published by the
Department of Finance but which was incorporated prior to July 1 of
the fiscal year in which an allocation from the SLESF is to be made,
the city manager, or an appointee of the legislative body, if a city
manager is not available, and the county administrative or executive
officer shall prepare a joint notification to the Department of
Finance and the county auditor with a population estimate reduction
of the unincorporated area of the county equal to the population of
the newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESF is to be made.  No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties.  The county auditor shall allocate a grant of at
least one hundred thousand dollars ($100,000) to each law enforcement
jurisdiction.  Moneys allocated to the county pursuant to this
subdivision shall be retained in the county SLESF, and moneys
allocated to a city pursuant to this subdivision shall be deposited
in a SLESF established in the city treasury.
   (4) Fifty percent (50%) to the county or city and county to
implement a comprehensive multiagency juvenile justice plan as
provided in this paragraph.  This plan shall be developed by the
local juvenile justice coordinating council in each county and city
and county with the membership described in Section 749.22 of the
Welfare and Institutions Code.  The plan shall be approved by the
county board of supervisors, and in the case of a city and county,
the plan shall also be approved by the mayor.
   (A) Juvenile justice plans shall include, but 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 youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
   (ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
   (iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
   (iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
   (B) Programs proposed to be funded shall satisfy all of the
following requirements:
   (i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
   (ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
   (iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
   (iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
   (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 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:
   (i) The rate of juvenile arrests per 100,000 population.
   (ii) The rate of successful completion of probation.
   (iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
   (iv) Arrest, incarceration, and probation violation rates of
program participants.
   (v) Quantification of the annual per capita costs of the program.

   (D) The Board of Corrections shall review plans submitted pursuant
to this paragraph within 30 days upon receipt of submitted or
resubmitted plans. The board shall approve only those plans that
fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the approval of
its plan.  The board shall offer, and provide if requested,
technical assistance to any county or city and county that submits a
plan not in compliance with the requirements of this paragraph.  The
SLESF shall only allocate funding pursuant to this paragraph upon
notification from the board that a plan has been approved.
   (E) 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 August
15, 2001, and annually thereafter, for two years (2002 through 2003)
to the county board of supervisors and the Board of Corrections, in a
format specified by the Board of Corrections, on the programs funded
pursuant to this chapter and program outcomes as specified in
subparagraph (C).
   (ii) The Board of Corrections shall compile the local reports and,
by January 15, 2002, make an interim report to the Governor and the
Legislature on program expenditures within each county and city and
county from the appropriation for the purposes of this paragraph.
   (iii) The Board of Corrections shall complete a final report
regarding the outcomes as specified in subparagraph (C) of the
programs funded pursuant to this paragraph and the statewide
effectiveness of the comprehensive multiagency juvenile justice plans
by July 15, 2003.
   (iv) The reports required by this subparagraph shall be made by
the dates specified, notwithstanding Section 30064.1.
   (c) Subject to subdivision (d), for each fiscal year in which the
county and each city, and the Broadmoor Police Protection District,
the Bear Valley Community Services District, the Stallion Springs
Community Services District, the Lake Shastina Community Services
District, and the Kensington Police Protection and Community Services
District, receive moneys pursuant to paragraph (3) of subdivision
(b), the county, each city, and each district specified in this
subdivision shall appropriate those moneys in accordance with the
following procedures:
   (1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide front line law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in
the unincorporated areas of the county, in response to written
requests submitted to the board by the county sheriff and the
district attorney.  Any request submitted pursuant to this paragraph
shall specify the front line law enforcement needs of the requesting
entity, and those personnel, equipment, and programs that are
necessary to meet those needs.  The board shall, at a public hearing
held in September in each year that the Legislature appropriates
funds for purposes of this chapter, consider and determine each
submitted request within 60 days of receipt, pursuant to the decision
of a majority of a quorum present.  The board shall consider these
written requests separate and apart from the process applicable to
proposed allocations of the county general fund.
   (2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund front line
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city.  These written requests shall be acted upon
by the city council in the same manner as specified in paragraph (1)
for county appropriations.
   (3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund front line municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district.  These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
   (d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
   (e) Funds received pursuant to subdivision (b) shall be expended
in accordance with the provisions of this chapter no later than June
30 of the following fiscal year.  A local agency that has not met
this requirement shall remit unspent SLESF moneys to the Controller
for deposit into the General Fund.
   (f) In the event that a county, a city, a city and county, or a
qualifying special district does not comply with the requirements of
this chapter to receive an SLESF allocation, the Controller shall
revert those funds to the General Fund.
  SEC. 4.  Section 30062 of the Government Code, as amended by
Chapter 100 of the Statutes of 2000, is repealed.
  SEC. 5.  Section 30062 is added to the Government Code, to read:
   30062.  (a) Except as required by paragraphs (1), (2), and (4) of
subdivision (b) of Section 30061, moneys allocated from a
Supplemental Law Enforcement Services Fund (SLESF) to a recipient
entity shall be expended exclusively to provide front line law
enforcement services.  These moneys shall supplement existing
services, and shall not be used to supplant any existing funding for
law enforcement services provided by that entity.  Moneys allocated
pursuant to paragraph (4) of subdivision (b) of Section 30061 shall
be used to supplement and not supplant funding by local agencies for
existing services.
   (b) In the Counties of Los Angeles, Orange, and San Diego only,
the district attorney may, in consultation with city attorneys in the
county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city
attorneys in the county in each fiscal year to fund the prosecution
by those city attorneys of misdemeanor violations of state law.
   (c) In no event shall any moneys allocated from the county's SLESF
be expended by a recipient agency to fund any of the following:
   (1) Administrative overhead costs in excess of 0.5 percent of a
recipient entity's SLESF allocation for that year.
   (2) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (3) of subdivision
(b) of Section 30061 that does not directly support front line law
enforcement services.
   (3) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (4) of subdivision
(b) of Section 30061.
   (d) For purposes of subdivision (c), both of the following shall
apply:
   (1) A "recipient agency" or "recipient entity" is that entity that
actually incurs the expenditures of SLESF funds allocated pursuant
to paragraph (1), (2), (3), or (4) of subdivision (b) of Section
30061.
   (2) Administrative overhead costs shall only be charged by the
recipient entity, as defined in paragraph (1), up to 0.5 percent of
its SLESF allocation.
   (e) For purposes of this chapter, "front line law enforcement
services" and "front line municipal police services" each include
antigang, community crime prevention, and juvenile justice programs.

  SEC. 6.  Section 30063 of the Government Code, as amended by
Chapter 100 of the Statutes of 2000, is repealed.
  SEC. 7.  Section 30063 is added to the Government Code, to read:
   30063.  (a) The Supplemental Law Enforcement Services Fund (SLESF)
in each county or city is to be expended exclusively as required by
this chapter.  Moneys in that fund shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city
treasury, except that moneys may be transferred from the SLESF to
the county's or city's general fund to the extent necessary to
facilitate the appropriation and expenditure of those transferred
moneys in the manner required by this chapter.
   (b) Moneys in a SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys.  The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
   (c) Each year, at least 30 days prior to the date of the duly
noticed public hearing required pursuant to paragraph (1) of
subdivision (c) of Section 30061, the county auditor and city
treasurer shall detail and summarize allocations from the county's or
city's SLESF, as applicable, in a written, public report filed with
the Supplemental Law Enforcement Oversight Committee (SLEOC), the
county board of supervisors or city council, as applicable, for the
entirety of the immediately preceding fiscal year, and the county
sheriff or police chief, as applicable.
   (d) A summary of the annual reports required in subdivision (c)
shall be submitted in a standardized format to be developed by the
Controller, in conjunction with the California District Attorney's
Association, California Police Chief's Association, California State
Sheriff's Association, California Peace Officer's Association,
California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before
August 15, 2001, and each year thereafter.  The Controller shall
make a copy of the summarized reports available to the Governor, the
Legislature, and the Legislative Analyst's office.
   (e) By March 1 of each year, the Legislative Analyst's office
shall report to the Legislature on the types of expenditures made by
local law enforcement agencies in the previous fiscal year pursuant
to this chapter, and, to the extent feasible, on the effects of those
expenditures on law enforcement and public safety.
   (f) A county, a city, or a city and county that fails to submit
the data required pursuant to subdivision (d) or fails to expend the
SLESF moneys provided by the date specified in subdivision (e) of
Section 30061 shall forfeit its allocation provided pursuant to
Section 30061 for the subsequent fiscal year.  The Controller shall
reduce the affected county's allocation by the appropriate amount and
shall identify the county, city, or city and county and the
corresponding amount reduced for the affected local agency.  Funds
not allocated pursuant to this subdivision shall revert to the
General Fund.
   (g) Notwithstanding subdivision (f), if the Supplemental Law
Enforcement Oversight Committee (SLEOC) fails to transmit the data to
the Controller required pursuant to subdivision (d), the local law
enforcement agency may submit its expenditure data directly to the
Controller no later than 15 days after the date specified in
subdivision (d).  If the local law enforcement agency has complied
with other requirements in this chapter, it shall be eligible for an
allocation the subsequent fiscal year.  However, the Controller shall
reduce the SLESF allocation to the sheriff and district attorney and
the cities represented in the SLEOC, and shall reduce the allocation
to all the local law enforcement agencies that failed to provide the
expenditure data within the 15 days.  Funds not allocated pursuant
to this subdivision shall revert to the General Fund.
  SEC. 8.  Section 30064.1 of the Government Code, as amended by
Chapter 100 of the Statutes of 2000, is repealed.
  SEC. 9.  Section 30064.1 is added to the Government Code, to read:

   This chapter shall become inoperative on July 1, 2002, and, as of
January 1, 2003, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2003, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 10.  Section 6 of Chapter 100 of the Statutes of 2000 is
amended to read:
   Sec. 6.  The sum of two hundred forty-three million three hundred
fifty thousand dollars ($243,350,000) is hereby appropriated from the
General Fund to the Controller for the 2000-01 fiscal year for
allocation as follows:
   (a) Two hundred forty-two million six hundred thousand dollars
($242,600,000) to counties and cities and counties for purposes of
Chapter 6.7 (commencing with Section 30061) of Division 3 of Title 3
of the Government Code in accordance with the proportionate share of
the state's total population that resides in each county and city and
county, as determined on the basis of the most recent January
population estimate developed by the Department of Finance, and as
adjusted to provide the grants to each law enforcement jurisdiction
pursuant to Section 30061 of the Government Code. Each county or city
and county share shall be deposited in the Supplemental Law
Enforcement Services Fund of the county or city and county.
   (b) Seven hundred fifty thousand dollars ($750,000) to the Board
of Corrections for administrative expenses associated with its review
of juvenile justice plans pursuant to Section 30061 of the
Government Code.
  SEC. 11.  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:
   In order to provide for the preservation and enhancement of public
safety through the implementation of the provisions of this act, as
they relate to Citizens Option for Public Safety programs and
juvenile justice program fund expenditures, at the earliest possible
time, it is necessary for this act to take effect immediately.