BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair S
2009-2010 Regular Session B
1
1
4
SB 1147 (DeSaulnier) 7
As Amended April 5, 2010
Hearing date: April 13, 2010
Penal Code
AA:mc
"Coordinated Public Safety System Committee"
HISTORY
Source: Author
Prior Legislation: None
Support: Unknown
Opposition:None known
KEY ISSUE
SHOULD a "Coordinated Public Safety System Committee" BE CREATED TO
PRODUCE A "MASTER PLAN FOR CALIFORNIA PUBLIC SAFETY," AS SPECIFIED?
PURPOSE
The purpose of this bill is to create a "Coordinated Public
Safety System Committee" to produce a "Master Plan for
California Public Safety," as specified.
(More)
SB 1147 (DeSaulnier)
PageB
Current law creates in state government the Department of
Corrections and Rehabilitation ("CDCR"), headed by a secretary
who is appointed by the Governor, subject to Senate
confirmation, and serves at the pleasure of the Governor. CDCR
consists of Adult Operations, Adult Programs, Juvenile Justice,
the Corrections Standards Authority, the Board of Parole
Hearings, the State Commission on Juvenile Justice, the Prison
Industry Authority, and the Prison Industry Board. (Government
Code 12838 (a).)
This bill would enact into a "Coordinated Public Safety System
Committee," ("Committee") with the following features and
requirements:
Location in State Government
This bill would provide that the Committee be established in the
agency or agencies designated by the Director of Finance.
Master Plan for California Public Safety
This bill would require, by December 31, 2011, the Committee to
provide "to the Legislature and the Governor a report, entitled
the Master Plan for California Public Safety, which shall have
the objective of making the public safer and which shall address
issues, including, but not limited to, the following:
(More)
SB 1147 (DeSaulnier)
PageC
(1) Better coordination between all local, state, and
federal public safety agencies and the Department of
Corrections and Rehabilitation and other detainment
agencies.
(2) Establishment of best practices to reduce crime rates in
California.
(3) Requirement that public safety agencies base their
actions on measurable evidence.
(4) Identify and recommend methods to obtain potential
grants available to local, state, and federal public safety
agencies, and to the Department of Corrections and
Rehabilitation and other detainment agencies in California
to be used to enhance the public safety.
This bill would provide that this report "be submitted in
compliance with Section 9795 of the Government Code."
Composition
This bill would provide that the Committee be composed of at
least 23 members, as follows:
the Attorney General;
the State Public Defender;
the Secretary of the Department of Corrections and
Rehabilitation;
(More)
SB 1147 (DeSaulnier)
PageD
the Secretary of California Emergency Management;
the Commissioner of the California Highway Patrol;
the Director of the California Office of Traffic Safety;
the State Chief Information Officer;
the Director of Alcohol and Drug Programs;
the Director of the Emergency Medical Services
Authority;
The following additional members, six of whom shall be appointed
by the Governor, four of whom shall be appointed by the Senate
Committee on Rules, and four of whom shall be appointed by the
Assembly Committee on Rules:
A representative from an association representing
victims of crime in California.
A representative from an association representing a
majority of California's county sheriffs.
A representative from an association representing a
majority of California's police chiefs.
A representative from an association representing a
majority of California's district attorneys.
A representative from an association representing a
majority of California's city attorneys.
A representative from an association representing a
majority of California's public defenders.
(More)
SB 1147 (DeSaulnier)
PageE
A representative from an association representing a
majority of California's firefighters.
Two representatives from two associations (one from
each association) representing California's rank and
file peace officers.
A representative from an association representing
California's rank and file emergency medical
technicians.
A representative from an association representing a
majority of California's probation officers.
A representative from an association representing a
majority of California's correctional officers.
A representative from an association representing a
majority of California's parole officers.
A representative with hands-on experience and
advocacy work relative to California's "911" program
and system.
This bill also would require that the Committee shall "include
as members any federal public safety official who agrees to
participate upon the invitation of the Governor, the Senate
Committee on Rules, or the Speaker of the Assembly."
Committee Leadership; Appointment Announcements
This bill would require that the Committee be led by two
cochairs and a vice chair, with the Governor and the Senate
Committee on Rules each selecting a cochair.
(More)
SB 1147 (DeSaulnier)
PageF
This bill would require the Speaker of the Assembly to select
the vice chair.
This bill would require that of these three positions, "one
shall represent the interests of state government, one shall
represent the interests of local government, and one shall
represent the interests of the public."
This bill would require that Committee "member appointments
shall be announced by a news release or similar public statement
that shall be made jointly by the Governor, the Senate Committee
on Rules, and the Speaker of the Assembly."
Hearings
This bill would require that the Committee "meet and hold
hearings at least monthly in various areas around the state,
including metropolitan, urban, rural, northern, southern,
coastal, and inland," as specified.
This bill would provide that the Committee "shall only meet if
the Legislature and Governor have identified and appropriated
funds in the budget act for the purposes of funding the costs of
the committee."
(More)
SB 1147 (DeSaulnier)
PageG
Enactment of Recommendations
This bill would provide that the "Governor, Legislature, county
boards of supervisors, mayors, and city councils are encouraged
in the strongest terms to adopt and implement legislation,
regulations, executive orders, and resolutions in order to
effectuate as soon as possible the recommendations of the
committee."
Sunset
This bill would provide that, pursuant to Section 10231.5 of the
Government Code, this section is repealed on December 31, 2015.
Intent Language
This bill provides legislative intent language that a
"coordinated, adequately funded and staffed, and accountable
public safety system is needed in California," as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
The severe prison overcrowding problem California has
experienced for the last several years has not been solved. In
December of 2006 plaintiffs in two federal lawsuits against the
Department of Corrections and Rehabilitation sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
federal three-judge panel issued an order requiring the state to
(More)
SB 1147 (DeSaulnier)
PageH
reduce its inmate population to 137.5 percent of design capacity
-- a reduction of roughly 40,000 inmates -- within two years.
In a prior, related 184-page Opinion and Order dated August 4,
2009, that court stated in part:
"California's correctional system is in a tailspin,"
the state's independent oversight agency has reported.
. . . (Jan. 2007 Little Hoover Commission Report,
"Solving California's Corrections Crisis: Time Is
Running Out"). Tough-on-crime politics have increased
the population of California's prisons dramatically
while making necessary reforms impossible. . . . As a
result, the state's prisons have become places "of
extreme peril to the safety of persons" they house, .
. . (Governor Schwarzenegger's Oct. 4, 2006 Prison
Overcrowding State of Emergency Declaration), while
contributing little to the safety of California's
residents, . . . . California "spends more on
corrections than most countries in the world," but the
state "reaps fewer public safety benefits." . . . .
Although California's existing prison system serves
neither the public nor the inmates well, the state has
for years been unable or unwilling to implement the
reforms necessary to reverse its continuing
deterioration. (Some citations omitted.)
. . .
The massive 750% increase in the California prison
population since the mid-1970s is the result of
political decisions made over three decades, including
the shift to inflexible determinate sentencing and the
passage of harsh mandatory minimum and three-strikes
laws, as well as the state's counterproductive parole
system. Unfortunately, as California's prison
population has grown, California's political
decision-makers have failed to provide the resources
and facilities required to meet the additional need
for space and for other necessities of prison
existence. Likewise, although state-appointed experts
(More)
SB 1147 (DeSaulnier)
PageI
have repeatedly provided numerous methods by which the
state could safely reduce its prison population, their
recommendations have been ignored, underfunded, or
postponed indefinitely. The convergence of
tough-on-crime policies and an unwillingness to expend
the necessary funds to support the population growth
has brought California's prisons to the breaking
point. The state of emergency declared by Governor
Schwarzenegger almost three years ago continues to
this day, California's prisons remain severely
overcrowded, and inmates in the California prison
system continue to languish without constitutionally
adequate medical and mental health care.<1>
The court stayed implementation of its January 12, 2010 ruling
pending the state's appeal of the decision to the U.S. Supreme
Court. That appeal, and the final outcome of this litigation,
is not anticipated until later this year or 2011.
This bill does not appear to aggravate the prison overcrowding
crisis described above.
COMMENTS
1. Stated Need for This Bill
The author states:
By bringing together a wide spectrum of California
public safety officials, it is the hope that the
Coordinated Public Safety System Committee, created by
this bill, would engage in an extensive and
comprehensive discussion about public safety in
----------------------
<1> Three Judge Court Opinion and Order, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (August 4, 2009).
(More)
SB 1147 (DeSaulnier)
PageJ
California and create a master plan that addresses a
variety of California public safety deficiencies.
With the master plan as a starting point, the
Legislature, Governor, and local agencies can better
assess what changes are needed in law and in the
administration of public policy related to public
safety.
The bill lists several findings and recommendations
which speak to the lack of and need for a
comprehensive master plan for public safety.
The bill also provides that a master plan for public
safety would accomplish a list of specific objectives.
In general, the intent of this bill is the creation
of a master plan for public safety providing better
coordination, establishment of best practices,
measured enforcement based on evidence, and increased
funding of public safety. As the chair of Budget
Subcommittee #4, the author has seen a disconnection
and overlapping of public safety programs that must be
resolved to better protect the public.
2. What This Bill Would Do
As explained in detail above, this bill would create a
"Coordinated Public Safety System Committee" with at least 23
members for the purpose of "making the public safer" and
addressing issues, including, but not limited to, the following:
Better coordination between all local, state,
and federal public safety agencies and the
Department of Corrections and Rehabilitation and
other detainment agencies.
Establishment of best practices to reduce crime
rates in California.
(More)
SB 1147 (DeSaulnier)
PageK
Requirement that public safety agencies base
their actions on measurable evidence.
Identify and recommend methods to obtain
potential grants available to local, state, and
federal public safety agencies, and to the
Department of Corrections and Rehabilitation and
other detainment agencies in California to be used
to enhance the public safety.
The Committee would be required to produce a "Master Plan for
California Public Safety" by December 31, 2011, and would
encourage government entities "in the strongest terms" to adopt
and implement legislation, regulations, executive orders, and
resolutions implementing the Committee's recommendations as soon
as possible. The Committee would sunset December 31, 2015.
3. Previous Reports, Recommendations; Existing Related State
Entities
In the cover letter to the Governor and legislative leaders to
its 2007 report entitled, "Solving California's Corrections
Crisis, Time Is Running Out, the Little Hoover Commission stated
in part:
The Governor and Legislature must find the political
will to move past rhetoric and address ways to solve
the prison population crisis and make good on promises
to improve public safety. . . . To ensure public
safety, reforms will have to jettison posturing to
make room for smart on crime policies. . . .
The problem does not need further study . The State
knows what the answers are, thanks to nearly two
decades of work by such groups as the Blue Ribbon
(More)
SB 1147 (DeSaulnier)
PageL
Commission on Population Management, the Corrections
Independent Review Panel and a series of reports by
this Commission. . . . (emphasis added.)
Sources cited by the Little Hoover Commission its report include
the following:
The Blue Ribbon Commission on Inmate
Population Management. Final Report. January
1990. Sacramento, CA.
Corrections Independent Review Panel.
June 30, 2004. Reforming California's Youth and
Adult Correctional System. Sacramento, CA.
Little Hoover Commission:
? January 1998. Beyond Bars: Correctional
Reforms to Lower
Prison Costs and Reduce Crime.
? November 2003. Back to the Community:
Safe & Sound Parole
Policies.
? December 2004. Breaking the Barriers for
Women on Parole.
? February 2005. Reconstructing Government:
A Review of the
Governor's Reorganization Plan Reforming
California's Youth and Adult Correctional Agency.
National Council on Crime and
Delinquency. August 2006. Task Force on
California Prison Overcrowding. Oakland, CA.
(Id.)
In a report nearly a decade earlier, Beyond Bars: Correctional
Reforms to Lower Prison Costs and Reduce Crime (1998), the
Little Hoover Commission made the following recommendation:
Recommendation 1: The Governor and the Legislature
should enact legislation creating a venue and a
process for developing, evaluating, refining and
funding a statewide corrections strategy that protects
the public in the most cost-effective way possible.
(More)
SB 1147 (DeSaulnier)
PageM
The strategy should be based on a master plan. The
plan should be developed by a permanent panel
representing the array of societal interests. The
panel's responsibilities would begin with the
development of a master plan and continue with ongoing
assessments and refinements. The plan should be
developed by the Board of Corrections, provided the
board's composition is modified to include
appointments by the legislative leadership and
representation from the judiciary and from rural and
urban counties.
The master plan should specify the roles of various
agencies, identify desired outcomes and recommend
funding priorities. The master plan should serve as a
guide to the Legislature and the Governor to the most
cost-effective approaches to protecting public safety.
It should review the entire correctional spectrum,
beginning with the backlog of 2.6 million unserved
warrants. In particular, the master plan should
define the role and goals for community corrections,
supervised releases and state prisons. The master
plan should be presented to the Governor and the
legislature for enactment in statute and
implementation through annual budget development.
The master planning agency should review existing
sentencing strategies. In order to implement the most
cost-effective public safety solutions contained in
the master plan it may be necessary to change
individual sentencing statutes. The master planning
agency should recommend those potential statutory
changes to the legislature.
Members and the author may wish to discuss how the Committee
proposed by this bill would be different than the efforts of
many past task force-type efforts to review and reform public
safety, and would lead to the development of recommendations
which could improve California's systems of public safety.
(More)
SB 1147 (DeSaulnier)
PageN
Members also may wish to discuss existing, possibly dormant or
under-utilized entities created under current law which, if
given effect or revised, might be redirected in a manner
consistent with the intent of this bill. For example, the 1998
Little Hoover report quoted above noted the statutory provisions
relating to the Board of Corrections (reorganized in 2005 as the
"Corrections Standards Authority" ["CSA"]). Current law
provides:
It shall be the duty of the (CSA) to make a study of
the entire subject of crime, with particular reference
to conditions in the State of California, including
causes of crime, possible methods of prevention of
crime, methods of detection of
crime and apprehension of criminals, methods of
prosecution of persons accused of crime, and the
entire subject of penology, including standards and
training for correctional personnel, and to report its
findings, its conclusions and recommendations to the
Governor and the Legislature at such times as they may
require.<2>
Comprised of state and local representatives, members may wish
to consider whether CSA could be an appropriate entity to
coordinate and prepare the "master plan" contemplated by this
bill.<3>
Similarly, current law provides for the "California Council on
Criminal Justice," which has the following statutory duty:
The council shall act as the supervisory board of the
state planning agency pursuant to federal acts. It
shall annually review and approve, or review, revise
----------------------
<2> Penal Code 6027.
<3> The CSA has long used an "Executive Steering Committee"
model to fulfill specified tasks which could be employed for
this purposes of this bill. For a description of the "ESC"
approach see http://www.cdcr.ca.gov/
Divisions_Boards/CSA/Admin/Docs/esc_purpose_process.pdf.
(More)
SB 1147 (DeSaulnier)
PageO
and approve, the comprehensive state plan for the
improvement of criminal justice and delinquency
prevention activities throughout the state, shall
establish
priorities for the use of such funds as are available
pursuant to federal acts, and shall approve the
expenditure of all funds pursuant to such plans or
federal acts; provided that the approval of such
expenditures may be granted to single projects or to
groups of projects.<4>
WOULD THE WORK OF THE COMMITTEE PROPOSED BY THIS BILL ENHANCE
PUBLIC SAFETY IN CALIFORNIA?
ARE THERE EXISTING STATE BODIES WHICH COULD FULFILL THE
PURPOSE OF THIS BILL?
(More)
-------------------------
<4> Penal Code 13813.
4. Composition
As described in detail above, the Committee proposed by this
bill would be large - at least 23 members - with the following
general characteristics for enumerated members or member
categories:
law enforcement-related representatives would be the
most prevalent group;
management-associated representation would appear to
appreciably outnumber labor;
state and local representation would be
relatively comparable; and
gubernatorial appointments would be far
greater than legislative appointments.
In addition to specified members, this bill would authorize the
Governor, Senate, and Assembly to invite "any federal public
safety official" who agrees to participate.
Members may wish to consider whether the composition of the
Committee contemplated by this bill would best achieve the
desired results of the bill. Members also may wish to consider
whether some stakeholders in California's system of criminal
justice not now included in this bill should be, including the
following:
the courts;
counties;
academic and legal experts in the area of criminal
justice and correctional policies;
community mental health providers; and
community-based organizations which serve at-risk
populations.
(More)
SB 1147 (DeSaulnier)
PageQ
This bill does not specify which of the enumerated
representative groups would be appointed by which appointing
authority (the Governor, the Senate or the Assembly). Members
may wish to consider whether the lack of specificity in this
regard would lead to confusion in the appointment of members.
This bill also would make most appointments to this Committee by
the Governor; it does not provide for Senate confirmation of
these appointees.
COULD THE MEMBERSHIP COMPOSITION AND APPOINTMENT PROCESS FOR
THIS NEW COMMITTEE BE IMPROVED?
5. Double Referral
This bill has been double-referred back to Rules Committee.
***************