BILL NUMBER: SB 90 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 24, 2009
PASSED THE ASSEMBLY JULY 24, 2009
AMENDED IN ASSEMBLY JULY 16, 2009
INTRODUCED BY Senator Ducheny
JANUARY 20, 2009
An act to amend and augment the Budget Act of 2007 (Chapters 171
and 172 of the Statutes of 2007) by amending Items 5225-001-0001 and
5225-002-0001 of, and augmenting Item 9840-001-0001 of, Section 2.00
of that act, and to augment the Budget Act of 2008 (Chapters 268 and
269 of the Statutes of 2008) by augmenting Item 9840-001-0001 of
Section 2.00 of that act, relating to the State Budget, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 90, Ducheny. Budget Acts of 2007 and 2008: augmentation.
The Budget Acts of 2007 and 2008 appropriated specified amounts
from the General Fund for specified programs.
This bill would appropriate $135,064,000 from the General Fund in
augmentation of appropriations in the Budget Act of 2007 and would
authorize the Director of Finance to transfer specified amounts
between items of appropriation in that Budget Act. The bill also
would appropriate $510,125,000 from the General Fund in augmentation
of appropriations in the Budget Act of 2008. The bill additionally
would require California Prison Health Care Services to report to the
Legislature in 2009 and 2010 on actions to reduce and better manage
medical service contract costs.
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. The sum of one hundred thirty-five million sixty-four
thousand dollars ($135,064,000) is hereby appropriated from the
General Fund for expenditure for the 2007-08 fiscal year in
augmentation of Item 9840-001-0001 of Section 2.00 of the Budget Act
of 2007 (Chapters 171 and 172 of the Statutes of 2007).
Notwithstanding Provision 7 of Item 9840-001-0001, these funds shall
be allocated by the Controller in accordance with the following
schedule:
(a) Six million three hundred fifty-eight thousand dollars
($6,358,000) to Item 5225-001-0001, scheduled as follows:
(1) Six million one hundred eighty thousand dollars ($6,180,000)
to Schedule (1) 10-Corrections and Rehabilitation Administration.
(2) One hundred seventy-eight thousand dollars ($178,000) to
Schedule (8) 25-Adult Corrections and Rehabilitation Operations.
(b) One hundred twenty-eight million seven hundred six thousand
dollars ($128,706,000) to Item 5225-002-0001, scheduled as follows:
(1) Eighty-two million eight hundred sixty-eight thousand dollars
($82,868,000) to Schedule (1.5) 25-Adult Corrections and
Rehabilitation Operations.
(2) Forty-five million eight hundred thirty-eight thousand dollars
($45,838,000) to Schedule (4.4) 50.40-Ancillary Health Care
Services--Adult.
SEC. 2. Any unencumbered balance, as of June 30, 2008, of the
funds appropriated within any of the items identified in Section 1
shall revert to the General Fund.
SEC. 3. Item 5225-001-0001 of Section 2.00 of the Budget Act of
2007 is amended to read:
5225-001-0001--For support of Department
of Corrections and Rehabilitation......... 6,958,609,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 369,580,000
(3) 15-Corrections
Standards Authority. 11,779,000
(4) 20-Juvenile
Operations.......... 181,168,300
(5) 21-Juvenile
Education,
Vocations, and
Offender Programs... 143,930,150
(6) 22-Juvenile Paroles. 33,940,000
(7) 23-Juvenile Health
Care................ 115,945,550
(8) 25-Adult
Corrections and
Rehabilitation
Operations.......... 4,892,480,000
(9) 30-Parole
Operations--Adult... 792,883,000
(10) 35-Board of Parole
Hearings............ 110,782,000
(11) 40-Community
Partnerships........ 12,297,000
(12) 45-Education,
Vocations and
Offender Programs-
-Adult.............. 463,618,000
(13) Reimbursements...... -94,598,000
(14) Amount payable from
the Corrections
Training Fund (Item
5225-001-0170)...... -2,626,000
(15) Amount payable
from the Federal
Trust Fund (Item
5225-001-0890)...... -5,883,000
(16) Amount payable from
the Inmate Welfare
Fund (Item 5225-001-
0917)............... -66,687,000
Provisions:
1. Any funds recovered as a result
of audits of locally operated
return-to-custody centers shall
revert to the General Fund.
2. When contracting with counties
for vacant jail beds for any
inmate under the jurisdiction of
the Secretary of the Department
of Corrections and
Rehabilitation, the department
shall not reimburse counties more
than the average amount it costs
the state to provide the same
services in comparable state
institutions. This restriction
shall not apply to any existing
contract, but shall apply to the
extension or renewal of that
contract. In addition, the total
operational cost of incarcerating
state inmates in leased county
jail beds (which includes state
costs, but is exclusive of one-
time and capital outlay costs)
shall not exceed the department's
average cost for operating
comparable institutions.
3. Notwithstanding any other
provision of law, but subject to
providing 30 days' prior
notification to the Joint
Legislative Budget Committee,
funds appropriated in Schedule
(8) or (9), or both, may be
transferred to Item 5225-101-
0001, Schedule (7), upon order of
the Director of Finance, to
provide funds for the
reimbursement of counties for the
cost of holding parole violators
in local jail.
4. Not later than 60 days following
enactment of this act, and
subsequently on February 10 and
upon release of the May Revision,
the Secretary of the Department
of Corrections and Rehabilitation
shall submit to the Director of
Finance the Post Assignment
Schedule for each adult
institution, reconciled to
budgeted authority and
consistent with approved
programs, along with allotments
consistent with the reconciled
Post Assignment Schedule for each
adult institution.
5. Not later than February 17, 2008,
the Secretary of the Department
of Corrections and Rehabilitation
shall submit to the chairpersons
and vice chairpersons of the
committees in both houses of the
Legislature that consider the
State Budget and to the
Legislative Analyst's Office an
operating budget for each of the
correctional facilities under the
control of the department.
Specifically, the report shall
include: yearend expenditures by
program for each institution in
the 2006-07 fiscal year, (b)
allotments and projected
expenditures by program for each
institution in the 2007-08 fiscal
year, (c) the number of
authorized and vacant positions,
estimated overtime budget,
estimated benefits budget,
and operating expense and
equipment budget for each
institution, and (d) a list of
all capital outlay projects
occurring or projected to occur
during the 2007-08 fiscal year.
6. Funds appropriated to accommodate
projected adult institutional and
parolee population levels in
excess of those that actually
materialize, if any, shall revert
to the General Fund.
7. Of the amount appropriated in
this item, $114,058,000 is
available for the Consolidated
Information Technology
Infrastructure Project. Upon
determination of the project
costs that can be financed using
GS $mart, any balance in excess
of the amounts needed for 2007-08
payments shall revert to the
General Fund upon order of
the Director of Finance. Up to
$86,045,000 may be reverted.
9. The Department of Corrections and
Rehabilitation (DCR) shall
consult with legislative staff
and the Department of Finance
(DOF) to define what is and is
not allowable in the annual
population budget requests, and
to reformat the document to make
it more transparent to ensure
appropriate legislative
oversight. The DCR and the DOF
shall present an example of the
reformed population document to
the Legislature prior to the time
for deliberations on the
Governor's Budget for the 2008-09
fiscal year.
10. In implementing the Consolidated
Information Technology
Infrastructure Project (CITIP),
the Department of Corrections and
Rehabilitation shall, when
possible, give first priority to
data drops for business services
and rehabilitative programming.
12. The Department of Corrections and
Rehabilitation shall study the
programmatic and fiscal
feasibility of providing for
rehabilitation information and
tracking functionality within the
Strategic Offender Management
System (SOMS) by either including
these requirements as optional in
the SOMS Request for Proposal or
by including these requirements
in the design of a separate
system that will communicate and
be used in collaboration with
SOMS once both systems have been
implemented. Additionally, the
department shall study the
programmatic and fiscal
implications of building SOMS to
most easily integrate with the
systems being implemented by the
receiver in the Plata litigation
as opposed to building SOMS with
differing parameters but much
higher future system integration
costs. The department shall, in
all future cost estimates,
include a section detailing
future system integration costs,
justifying the proposed system
design with respect to future
integration costs, and specifying
why alternate system
implementation options with lower
future integration costs are
unsuitable for system design.
13. Of the funds appropriated in this
item, $600,000 is allocated to
the State Commission on Juvenile
Justice, pursuant to Section
1798.5 of the Welfare and
Institutions Code, to develop a
Juvenile Justice Operational
Master Plan. The commission shall
use a portion of these moneys to
contract with a national expert
or national experts from the
Farrell expert panel to develop
this plan in conjunction with
local government. This plan shall
also address facility and
infrastructure issues throughout
the juvenile justice continuum.
16. Of the funds appropriated in this
item, $673,865,000 is available
for expenditure only for the
purposes identified below. Any
unexpended funds shall revert to
the General Fund.
(a) Facility Maintenance
Funding: $36,000,000
(b) Coleman v. Schwarzenegger,
Administrative Segregation
Unit Mental Health Cells
Modification: $3,550,000
(c) Coleman v. Schwarzenegger,
Administrative Segregation
Intake Cells: $13,203,000
(d) Coleman v. Schwarzenegger,
Salary Enhancements:
$13,108,000
(e) Plata v. Schwarzenegger,
Salary Enhancements:
$1,521,000
(f) Coleman v. Schwarzenegger,
CMF Acute Cells
Modification: $1,075,000
(g) Coleman v. Schwarzenegger,
Reception Center Enhanced
Outpatient Program:
$2,916,000
(h) Perez v. Tilton,
Comprehensive Inmate
Dental Services Program:
$8,477,000
(i) Farrell v. Tilton, Safety
and Welfare Remedial Plan:
$66,747,000
(j) Farrell v. Tilton, Mental
Health Remedial Plan:
$25,090,000
(k) Implementation of Revised
Program Guide for Mental
Health Services Delivery
System (Ch. 511, Stats.
2006): $8,706,000
(l) Sex Offender Management
Funding: $113,327,000
(m) Reducing Recidivism
Strategies: $90,136,000
(1) The Department of
Corrections and
Rehabilitation is
authorized to make
changes to the
Reducing Recidivism
Strategies supported
by this subdivision
not sooner than 15
days after notifying
the fiscal
committees of both
houses of the
Legislature of any
proposed changes.
(n) Basic Correctional Officer
Academy: $61,105,000
(o) Records Staffing and
Automation: $4,326,000
(p) Garrison Johnson v.
California, Racial
Integration: $1,214,000
(q) Coleman v. Schwarzenegger,
Court Order Compliance:
$2,267,000
(r) Comprehensive Health Care
Recruitment: $3,631,000
(s) Life Prisoner Parole
Hearing Staffing:
$5,523,000
(t) Farrell v. Tilton
Healthcare Remedial Plan:
$8,221,000
(u) Farrell v. Tilton, Consent
Decree: $1,327,000
(v) Strategic Offender
Management System:
$3,611,000
(w) Consolidated Information
Technology Infrastructure
Project: $114,058,000
(x) Teacher Pay Parity:
$13,868,000
(z) Mandatory Aftercare/Drug
Treatment Furlough:
$65,615,000
(aa) Valdivia Case Records:
$3,344,000
(bb) Perez v. Tilton, Salary
Enhancements: $1,999,000
17. Of the amount appropriated in
Schedule (8), $2,389,000 is for
administrative support related to
projects authorized by Chapter 7
of the Statutes of 2007. Any
funds not expended for this
purpose by June 30, 2008,
shall revert to the General Fund.
To the extent that workload
performed is directly related to
the projects, the Department of
Corrections and Rehabilitation
shall maximize available project
funds by billing those activities
to the projects themselves in
lieu of the General Fund.
18. The Department of Corrections and
Rehabilitation shall reestablish
the Program Support Unit under
the Chief Deputy Secretary for
Adult Operations to review
custody staffing proposals.
20. Notwithstanding any other
provision of law, the Director of
Finance may transfer up to
$126,555,000 from this item to
Item 5225-002-0001 if
expenditures within Item 5225-002-
0001 exceed the amount
appropriated in this Budget
Act and there are unspent funds
within this item available for
transfer.
21. Notwithstanding Provision 16,
unspent funds are available for
transfer pursuant to Provision 20.
SEC. 4. Item 5225-002-0001 of Section 2.00 of the Budget Act of
2007 is amended to read:
5225-002-0001--For support of Department
of Corrections and Rehabilitation......... 2,124,612,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration........ 7,185,000
(1.5) 25-Adult Corrections
and Rehabilitation
Operations............ 65,506,000
(4) 50-Correctional
Health Care Services.. 1,000
(4.1) 50.10-Medical 1,303,801,
Services--Adult....... 000
(4.2) 50.20-Dental Services- 103,129,00
-Adult................ 0
(4.3) 50.30-Mental Health 302,930,00
Services--Adult....... 0
(4.4) 50.40-Ancillary
Health Care Services- 161,120,00
-Adult................ 0
(4.5) 50.50-Dental and
Mental Health
Services
Administration--Adult. 58,089,000
(5) 97-Unallocated........ 125,000,00
0
(6) Reimbursements........ -2,149,000
Provisions:
1. On February 14, 2006, the United
States District Court in the
case of Plata v. Schwarzenegger
(No. C01-1351 THE) suspended the
exercise by the Secretary of the
Department of Corrections and
Rehabilitation of all powers
related to the administration,
control, management, operation,
and financing of the California
prison medical health care
system. The court ordered that
all such powers vested in the
Secretary of the Department
of Corrections and
Rehabilitation were to be
performed by a receiver
appointed by the court
commencing April 17, 2006, until
further order of the court. The
Director of the Division of
Correctional Health Care
Services of the Department of
Corrections and Rehabilitation
is to administer this item to
the extent directed by the
receiver.
2. Notwithstanding any other
provision of law, the amount
available for expenditure in
Schedule (5) is for the purpose
of funding costs for the
Department of Corrections and
Rehabilitation, including the
operations of the Office of the
California Prison Receivership,
and any other state agency or
department that is involved in
the provision of health care to
California inmates, including
the costs of capital projects,
resulting either from actions by
the receiver or the court in
Plata v. Schwarzenegger or
cross-jurisdictional issues
where the Plata v.
Schwarzenegger, Coleman v.
Schwarzenegger, and Perez v.
Tilton courts agree that a
coordinated approach is the most
appropriate solution to the
programmatic issues that the
three courts are facing. The
Secretary of the Department of
Corrections and Rehabilitation
shall be consulted on any
project that helps the state
comply with both the Coleman and
Perez lawsuits. Up to
$25,000,000 of the amount
appropriated in Schedule (5) may
be used for cross-jurisdictional
issues facing the Plata,
Coleman, and Perez courts. From
any amount available in Schedule
(5), the Director of Finance may
authorize the transfer of funds
from Schedule (5) for the
purpose of augmenting the amount
available for expenditure in any
other schedule in this item, or
any other appropriation in this
section to a department or
agency that is involved in the
provision of health care to
California inmates. The Director
of Finance shall notify the
Chairperson of the Joint
Legislative Budget Committee and
the chairpersons of the fiscal
committees in each house of the
Legislature no later than 10
days after the effective date of
the transfer. The notification
to the Legislature shall include
information regarding the
purpose of the expenditures and
the expected outcome of those
expenditures.
3. Notwithstanding any other
provision of law, the Department
of Corrections and
Rehabilitation is not required
to competitively bid for health
services contracts in cases
where contracting experience or
history indicates that only one
qualified bid will be received.
4. Notwithstanding Section 13324 of
the Government Code or Section
32.00 of this act, no state
employee shall be held
personally liable for any
expenditure or the creation of
any indebtedness in excess of
the amounts appropriated
therefor as a result of
complying with the directions of
the receiver or orders of the
United States District Court in
Plata v. Schwarzenegger.
5. The Department of Finance shall
immediately notify the Joint
Legislative Budget Committee and
the fiscal committees in each
house of the Legislature when
expenditures pursuant to
Provision 2 are occurring at a
rate that would exhaust the
level of funding in Schedule (5)
prior to the end of the fiscal
year.
6. Any funds in Schedule (5) that
are not expended by June 30,
2008, shall revert to the
General Fund.
8. The amounts appropriated in
Schedules (4.1) and (4.4) are
available for expenditure by the
receiver appointed by the Plata
v. Schwarzenegger court to carry
out its mission to deliver
constitutionally adequate
medical care to inmates.
9. The amounts appropriated in
Schedules (4.2), (4.3) and (4.5)
are available for expenditure by
the Department of Corrections
and Rehabilitation to provide
mental health and dental
services only.
10. Notwithstanding any other
provision of law, the Director
of Finance may transfer up
to $126,555,000 from Item 5225-
001-0001 to this item if
expenditures within this item
exceed the amount appropriated
in this Budget Act and there are
unspent funds within Item 5225-
001-0001 available for transfer.
11. Notwithstanding Provision 22,
unspent funds are available for
transfer pursuant to Provision
10.
22. Of the funds appropriated in
this item, $177,344,000 is
available for expenditure only
for the purposes identified
below. Any unexpended funds
shall revert to the General Fund.
(a) Coleman v.
Schwarzenegger,
Salary
Enhancements... 37,461,000
(b) Perez v.
Tilton,
Comprehensive
Inmate Dental
Services
Program........ 14,040,000
(c) Perez v.
Tilton, Salary
Enhancements... 54,742,000
(d) Plata v.
Schwarzenegger,
Pay
Enhancements... 29,630,000
(e) Coleman v.
Schwarzenegger,
Reception
Center
Enhanced
Outpatient
Program........ 2,211,000
(f) Implementation
of Revised
Program Guide
for Mental
Health
Services
Delivery
System (Ch.
511, Stats.
2006).......... 31,540,000
(h) California
Medical
Facility
Mental Health
Crisis Bed
Unit Staffing.. 7,720,000
SEC. 5. The sum of five hundred ten million one hundred
twenty-five thousand dollars ($510,125,000) is hereby appropriated
from the General Fund for expenditure for the 2008-09 fiscal year in
augmentation of Item 9840-001-0001 of Section 2.00 of the Budget Act
of 2008 (Chapters 268 and 269 of the Statutes of 2008).
Notwithstanding Provision 7 of Item 9840-001-0001, these funds shall
be allocated by the Controller in accordance with the following
schedule:
(a) Thirteen million eight hundred sixty-seven thousand dollars
($13,867,000) to Item 5225-001-0001, scheduled as follows:
(1) Nine million seven thousand dollars ($9,007,000) to Schedule
(4) 20-Juvenile Operations.
(2) Four million eight hundred sixty thousand dollars ($4,860,000)
to Schedule (8) 25-Adult Corrections and Rehabilitation Operations.
(b) Four hundred ninety-six million two hundred fifty-eight
thousand dollars ($496,258,000) to Item 5225-002-0001, scheduled as
follows:
(1) Four hundred ninety-six million seventy-three thousand dollars
($496,073,000) to Schedule (3) 50.10-Medical Services--Adult.
(2) One hundred eighty-five thousand dollars ($185,000) to
Schedule (4) 50.20-Dental Services--Adult.
Of the amount appropriated in this section to Schedule (3)
50.10-Medical Services--Adult of Item 5225-002-0001, four hundred
eighty-six million eight hundred thousand dollars ($486,800,000) is
available for expenditure only for contract medical services.
SEC. 6. Any unencumbered balance, as of June 30, 2009, of the
funds appropriated within any of the items identified in Section 5
shall revert to the General Fund.
SEC. 7. California Prison Health Care Services shall provide to
the Joint Legislative Budget Committee and the fiscal committees of
both houses of the Legislature detailed written reports on actions
taken and planned to reduce and better manage medical service
contract costs in the 2009-10 fiscal year and future fiscal years.
The reports shall describe the cost containment measures to be
implemented, provide a schedule for implementing the measures across
the prison health care system, identify the projected cost
containment to be achieved as a result of the measures, and provide
any available data on the effectiveness of the measures in reducing
cost of medical services contracts. The first report shall be
submitted no later than November 1, 2009. An updated report shall be
submitted no later than April 1, 2010.
SEC. 8. 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:
This act makes appropriations for the support of the government of
the State of California for the 2007-08 and 2008-09 fiscal years. It
is therefore necessary that this act take effect immediately.