BILL ANALYSIS
AB 1768
Page 1
Date of Hearing: March 16, 2010
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1768 (Solorio) - As Introduced: February 9, 2010
SUMMARY : Requires the Department of Corrections and
Rehabilitation (CDCR) and the Corrections Standards Authority
(CSA) to give coequal funding preference to counties that assist
the state in either siting reentry facilities or providing
existing beds and program space in county jails for use as
reentry facilities. Specifically, this bill :
1)Provides that a county interested in providing reentry
services to state inmates shall be required to enter into a
long-term agreement with CDCR to provide those services and
that CDCR shall certify that the proposed reentry services
meet its approval.
2)States that if the following requirements are met, a county
shall be eligible for funding preference for providing beds
and program space in county jails for use as reentry
facilities for prison inmates:
a) The beds and programs meet specified reentry program
facility requirements;
b) CDCR develops the collaborative partnership with local
government, local law enforcement, and community service
providers, as specified; and,
c) The minimum number of beds in county jails to be used as
reentry facilities for prison inmates shall be as follows:
i) Any county with a general population at or above
500,000 shall provide 500 jail beds to be designated and
used exclusively as a reentry facility for prison
inmates.
ii) Any county with a general population below 500,000
shall provide at least as many jail beds to be used as a
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reentry facility for prison inmates as there are county
jail beds funded under this chapter to be used for county
jail inmates.
iii) Counties may meet the bed requirements with existing
jail beds, future jail beds to be constructed with
funding made available under this chapter, or a
combination thereof.
EXISTING LAW :
1)States that participating county matching funds for projects
funded under this chapter shall be a minimum of 25% of the
total project costs. The CSA may reduce matching fund
requirements for participating counties with a general
population below 200,000 upon petition by a participating
county to the CSA requesting a lower level of matching funds.
[Government Code Section 15820.917(a).]
2)Provides that CDCR and CSA shall give funding preference to
counties that assist the state in siting reentry facilities.
[Government Code Section 15820.917(b).]
3)States that CDCR shall give funding preference to counties
that assist the state in siting mental health day treatment
and crisis care and to counties who provide a continuum of
care so that parolees with mental health and substance abuse
needs can continue to receive services at the conclusion of
their period of parole. [Government Code Section
15820.917(c).]
4)Authorizes CDCR and a participating county to enter into
leases or subleases, as lessor or lessee, for any property or
approved project and are further authorized to enter into
contracts or other agreements for the use, maintenance, and
operation of the local jail facility in order to facilitate
the financing authorized by this chapter. In those leases,
subleases, or other agreements, the participating county shall
agree to indemnify, defend and hold harmless the State of
California for any and all claims and losses accruing and
resulting from or arising out of the participating county's
use and occupancy of the local jail facility. (Government
Code Section 15820.915.)
5)Provides that the CSA shall adhere to its duly adopted
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regulations for the approval or disapproval of local jail
facilities. The CSA shall also consider cost-effectiveness in
determining approval or disapproval. No state moneys shall be
encumbered in contracts let by a participating county until
final architectural plans and specifications have been
approved by the CSA, and subsequent construction bids have
been received. The review and approval of plans,
specifications, or other documents by the CSA are for the
purpose of ensuring proper administration of moneys and
determination of whether the project specifications comply
with law and regulation. The CSA may require changes in
construction materials to enhance safety and security if
materials proposed at the time of final plans and
specifications are not essential and customary as used
statewide for facilities of the same security level.
Participating counties are responsible for the acquisition,
design, construction, staffing, operation, repair, and
maintenance of the project. [Government Code Section
15820.916(a).]
6)Requires that the CSA establish minimum standards, funding
schedules, and procedures, which shall take into
consideration, but not be limited to, the following
[Government Code Section 15820.916(b)]:
a) Certification by a participating county of project site
control through either fee simple ownership of the site or
comparable long-term possession of the site, and right of
access to the projects sufficient to assure undisturbed use
and possession;
b) Documentation of need for the project;
c) A written project proposal;
d) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the
local jail facility will be able to be safety staffed and
operated within 90 days of completion;
e) Submittal of architectural drawings, which shall be
approved by the CSA for compliance with minimum adult
detention facility standards and which shall also be
approved by the State Fire Marshal for compliance with fire
safety and life safety requirements;
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f) Documentation evidencing the filing by a participating
county of final notice of determination on its
environmental impact report; and,
g) Provisions intended to maintain the tax-exempt status of
the bonds notes, or bond anticipation notes issued by the
State Public Works Board.
7)Authorizes CDCR to obtain day treatment, and to contract for
crisis care services, for parolees with mental health
problems. Day treatment and crisis care services should be
designed to reduce parolee recidivism and the chances that a
parolee will return to prison. CDCR shall work with counties
to obtain day treatment and crisis care services for parolees
with the goal of extending the services upon completion of the
offender's period of parole, if needed. (Penal Code Section
3073.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 1768 would
provide another qualifying factor for counties that apply or
re-apply for AB 900 bond money by granting the same preference
points to counties that provide reentry beds and services to
inmates in their community in lieu of siting a new state
reentry facility. In order to qualify for the preference
points, large and medium size counties would need to provide a
least 500 reentry beds to receive the preference points.
Smaller counties would need to provide one reentry bed for
each jail bed constructed. Not only would AB 1768 help more
counties receive AB 900 local jail construction funding, but
also it will help the state achieve its goal of providing up
to 6,000 new reentry beds. It also would reduce the state's
projected costs to operate and maintain new state reentry
facilities. AB 1768 is prospective only and will not have an
impact on any existing awards for county jail construction
bonds."
2)Background : According to the background submitted by the
author, " AB 1768 is a follow up to AB 900, the Public Safety
and Offender Rehabilitation Services Act of 2007, which
authorized $7.4 billion in lease-revenue bond financing for
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construction of 40,000 new state prison beds and 13,000 new
county jail beds . Under the current law, m any counties were
not awarded county jail construction funding due to
requirements tied to the process. Large urban counties with
limited available land did not receive the conditional awards
they were initially granted due to siting and operational
constraints. Some small counties had trouble meeting the
financial match requirements, especially given the economic
downturn . AB 1768 would provide another eligibility option to
counties that apply or re-apply for AB 900 county jail bond
money by granting equal preference points to counties that
provide their own reentry beds and services to inmates in
their community in lieu of siting a new state reentry facility
in their county. Under AB 1768, counties with a population of
500,000 or more would need to provide a minimum of 500 reentry
beds to be eligible for AB 900 bond money preference points.
Smaller counties would need to provide one reentry bed for
each county jail bed they build. There is still $133 million
in bond money for Phase I and another $470 million in bond
money for Phase II. This bill would only apply to Phase II
bond money. In addition, AB 1768 will help bring jobs to the
state by enhancing the eligibility more counties that apply
for AB 900 bond money, which in turn, will lead to more local
jail construction."
3)AB 900 (Solorio), Chapter 7, Statutes of 2007 :
a) Background : AB 900 authorized $7.4 billion in
lease-revenue bond financing for construction of 40,000 new
state prison beds and 13,000 new county jail beds, phased
in over time and contingent upon a series of rehabilitation
program implementation benchmarks. AB 900 placed strong
emphasis on requiring CDCR to enhance existing programs
that reduce recidivism and implement new ones, including
substance abuse treatment, mental health care and academic
and vocational services. The two-pronged approach was to
provide new prison beds while establishing stronger
rehabilitation and reentry efforts. AB 900 established
CDCR accountability standards by phasing in facility
construction. Phase I began in 2007 and authorized $3.6
billion in bond financing for state prison beds and another
$750 million for local jail construction providing 8,000
beds. Phase II will be contingent upon CDCR demonstrating
it successfully met the Phase I benchmarks for
rehabilitation programs and new beds, and corrected
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management deficiencies. Counties received a funding
preference for the local jail construction bond money if
their application included a site for reentry facilities,
an increase in mental health and substance abuse services
for parolees, or a mental health treatment and parolees'
crisis-care day site.
b) Enhanced Anti-Recidivism and Rehabilitation Efforts : AB
900 required all new state prison beds to include substance
abuse treatment, work programs, academic and vocational
education, and mental health care. The act also mandated
implementation of 4,000 new dedicated substance abuse
treatment beds (CDCR currently operates about 9,000 such
beds), with post-release aftercare treatment for parolees.
Individualized program needs assessments for all inmates at
reception are required. AB 900 requires development of a
prison-to-employment plan to ensure programs provide
sufficient skills to assist in successful reentry and
employment. The "California Rehabilitation Oversight
Board" (C-ROB) was created to evaluate CDCR's
rehabilitation and treatment programs, and recommend
changes to the Legislature and Governor. Mental health day
treatment for parolees was ordered developed. AB 900
required implementation of a system of incentives designed
to increase participation in education programs and
encourage inmates to complete educational goals. CDCR was
authorized to use portable buildings for inmate
rehabilitation and treatment - and housing - to ensure
sufficient space. The act also required development of
"staffing pipeline" plan to fill vacant prison staff
positions, obtain treatment services from local
governments, and increase the number of rehabilitation and
treatment personnel with proper education and credentials.
AB 900 also required an appropriation of an additional $50
million for rehabilitation and treatment enhancement in
2007-08.
c) Phase I State Prison Bed Construction :
i) AB 900 authorized $3.6 billion in lease-revenue bond
financing for 24,000 state prison beds:
(1) 12,000 "infill" beds - additional beds at
existing prisons designed to eliminate so-called "bad
beds," such as double- and triple-bunking in gyms and
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dayrooms ($1.8 billion).
(2) 6,000 "reentry" facility beds - smaller,
secure state facilities of up to 500 beds with
concentrated rehabilitation services for inmates with
less than one year left to serve ($975 million).
(3) 6,000 medical/mental health beds - to address
needs identified by the federal court Receiver, who
will determine their use ($857 million).
d) Phase II State Prison Bed Construction Subject to
Program Benchmarks:
i) $2.5 billion was authorized in lease-revenue bond
financing for 16,000 state prison beds.
ii) 4,000 "infill" beds - additional beds at existing
prisons, designed to eliminate so-called "bad beds," such
as double- and triple-bunking in gyms and dayrooms ($600
million).
iii) 10,000 "reentry" facility beds - smaller, secure
state facilities of up to 500 beds with concentrated
rehabilitation services for inmates with less than one
year left to serve ($1.6 billion).
iv) 2,000 medical/mental health beds - to address needs
identified by the federal court receiver, who will to
determine their use ($286 million).
v) Funding will be available for Phase II only if the
following conditions and benchmarks are met and verified
by a three-member panel comprising the State Auditor, the
Inspector General and an appointee of the Judicial
Council:
(1) 4,000 of the 12,000 "infill" beds authorized
in Phase I are under construction or sited, including
rehabilitation programming space.
(2) 2,000 of the 4,000 drug treatment slots
established.
(3) New individualized assessment procedures in
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for six months.
(4) Specified levels of parolees being served in
mental health day treatment centers.
(5) The C-ROB in operation for one year.
(6) Implementation of a management deficiency
plan.
(7) A 10% increase in educational program
participation from April 2007.
(8) A vacancy rate for rehabilitation service
positions no greater than the average vacancy rate for
state employees.
4)Argument in Support :
a) The California State Sheriffs' Association states, "[o]n
behalf of the California State Sheriffs' Association (CSSA)
we are pleased to co-sponsor AB 1768 which would provide
another qualifying factor for counties that apply or
re-apply for AB 900 bond money by granting the same
preference points to counties that provide reentry beds and
services to inmates in their community in lieu of siting a
new state reentry facility.
"As you know, many counties are very much in need of new
jails and very much want to participate in meaningful
reentry services to prisoners. We appreciate your
leadership to provide additional bed space in a manner that
is consistent with AB 900 awards to ensure that this bill
does not slow or stop current efforts underway to site
reentry facilities and/or expand jails.
"AB 1768 will help counties and the state meet the growing
capacity needs of California's correctional facilities in
concert with current AB 900 efforts."
b) Los Angeles County Sheriff Leroy Baca states, "[t]he Los
Angeles County Sheriff's Department is proud to support
Assembly Bill 1768. This bill would create a more
equitable process to access jail construction funding
provided in Assembly Bill 900 (2007).
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"Assembly Bill 1768 is an important step toward helping more
counties become eligible for Assembly Bill 900 (2007) local
jail construction funding. Under current law, many
counties were not awarded county jail construction funding
due to requirements tied to the process. Large urban
counties, with limited available land, did not receive the
conditional awards they were initially granted due to
citing and operational constraints. Additionally, some
small counties had trouble meeting the financial match
requirements, especially given the economic downturn.
"Assembly Bill 1768 would provide another eligibility option
to counties that apply or re-apply for Assembly bill 900
county jail bond money by granting equal preference to
counties that provide re-entry services to inmates in their
own community by providing their own re-entry beds, as
opposed to those that help site a new state re-entry
facility in their country.
"More importantly, this bill will help the state with
re-entry and recidivism goals as well as meet the need for
more beds with additional capacity as a result of the
increased burdens from other corrections bills that will
send more criminals to local jails. It would also reduce
the state's projected costs to operate and maintain new
state re-entry facilities, while meeting the goal of adding
more re-entry beds.
"Assembly Bill 1768 is an excellent solution to effectively
deal with the state inmate population problem while still
providing the essential services to these people to reduce
recidivism and endure better success. This legislation
will also allow counties to provide more jail bed space to
accomplish the goals of the state-county partnership in
addressing this crisis."
5)Related Legislation : AB 320 (Solorio) would have modified the
conditions for the funding of reentry facilities under the
Public Safety and Offender Rehabilitation Services Act of
2007. AB 320 was vetoed.
6)Prior Legislation : AB 900 (Solorio), Chapter 7, Statutes of
2007, authorized $7.4 billion in lease-revenue bond financing
for construction of 40,000 new state prison beds and 13,000
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new county jail beds, phased in and contingent upon a series
of rehabilitation programming benchmarks; authorized CDCR to
temporarily house up to 8,000 inmates in out-of-state
facilities for up to three years; and required CDCR to
implement and significantly enhance anti-recidivism
programming including substance abuse treatment, mental health
care, and academic and vocational education.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association
Los Angeles County Sheriff Leroy Baca
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744