BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
678 (Leno)
Hearing Date: 05/11/2009 Amended: 04/16/2009
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
7-0
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BILL SUMMARY: SB 678 enacts the California Community
Performance Incentive Act of 2009, relating to adult felony
probationers. This bill establishes a system of
performance-based funding to support evidence-based practices
related to felony probation supervision, and authorizes each
county to establish its own Community Corrections Incentive Fund
(CCIF) to receive these funds. This bill directs counties
choosing to participate to create Community Corrections
Partnerships involving specified stakeholders. This bill
provides a formula-based system for sharing state savings with
county probation departments when those savings are achieved as
the result of reduced prison admissions attributable to local
improved felony probation outcomes, as specified. This bill
makes an appropriation, the amount of which is determined
annually by the Director of the Department of Finance, in
consultation with the Joint Legislative Budget Committee (JLBC),
CDCR, and the Administrative Office of the Courts (AOC).
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
AOC program development
and start up $212 Reimbursed in
same fiscal year from CCIFs
Ongoing program costs $290 $500
$500 General*
*AOC will receive and appropriation of up to 3% of the
calculated General Fund savings. The programs are funded by
their savings to the General Fund, and AOC will receive a
portion for administering the funds and program.
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STAFF COMMENTS: This bill authorizes counties to participate in
a savings-sharing program incentivizing county probation to keep
felony probationers out of state prisons through supervision and
rehabilitation programming. Such programming may include, but is
not limited to:
Implementing and expanding evidence-based risk and needs
assessments.
Providing more intensive probation supervision.
Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring,
mandatory community service, home detention, day reporting,
restorative justice programs, work furlough programs, and
incarceration in
county jail for up to 90 days.
Expanding the availability of evidence-based rehabilitation
programs including, but not limited to, drug and alcohol
treatment, mental health treatment, anger management,
cognitive behavior programs, and employment services.
Evaluating the effectiveness of rehabilitation and supervision
programs.
Page 2
SB 678 (Leno and Benoit)
Participating counties (through the chief probation officer)
would receive a portion of the state's calculated incarceration
savings to fund their programs and related areas. This bill
would require AOC, in consultation with the Chief Probation
Officers of California, to "specify and define minimum required
outcome-based measures."
Program Funding:
This bill provides that the Legislature shall annually
appropriate to the AOC 50% of
the cost savings calculated pursuant to the formula described
below, to be deposited into the CCPIF of each county as follows:
1) Twenty percent of the state's savings attributable to that
county, divided by 50%, as
specified, where the county's felony probation revocation
rate for that year is less
than the baseline felony probation revocation rate, as
specified;
2) 40% of the state's savings attributable to the county,
divided by 50%, as specified,
where the county's felony probation revocation rate for that
year is at least 5% less
than the baseline felony probation revocation rate, as
specified;
3) 100% of the state's savings attributable to the county,
divided by 50%, as specified,
where the county's felony probation revocation rate for that
year is at least 10% less
than the baseline felony probation revocation rate, as
specified.
This bill would require the Director of DOF, in consultation
with CDCR, the JLBC, and the AOC, to calculate a baseline felony
probation revocation rate for each county based on the average
number of felony probationers who entered state prison from that
county for the fiscal years 2006-07, 2007-08, and 2008-09 as a
result of a probation revocation or conviction for a new offense
while on probation.
This bill would also require, for the 2009-10 fiscal year, and
each fiscal year thereafter, the same parties to "calculate
costs to CDCR that have been avoided, including costs associated
with incarceration, community supervision, and parole
revocations and
revocation proceedings, due to reductions, calculated for each
county and statewide, in the percentage of people on supervised
felony probation whose probation is revoked and who are
sentenced to serve a term of imprisonment in state prison, or
who while on supervised probation are admitted to state prison
after a conviction for a new offense.
This bill appropriates up to 3% of the aforementioned moneys
appropriated to the AOC, to pay for AOC's administrative costs.
This program is designed to pay for itself, and its actual
funding is adjusted annually in the agreement specified above.
If there is no agreement on demonstrated savings to the state,
the program will not be funded.