BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 116|
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THIRD READING
Bill No: AB 116
Author: Assembly Budget Committee
Amended: 6/8/11 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Budget Act of 2011: Public Safety
SOURCE : Author
DIGEST : This bill makes statutory changes necessary to
implement the Public Safety portions of the 2011-12 budget.
Senate Floor Amendments of 6/8/11 delete the prior version
of the bill relating to intent language and insert the
current provisions relating to public safety.
ANALYSIS : This is the Public Safety Budget Trailer Bill.
It contains provisions necessary to implement the 2011-12
budget, including these key changes:
1. Eliminations and Efficiencies . Eliminates the
California Emergency Council, the California Council on
Criminal Justice (CCCJ) and the Governor's Office of
Gang and Youth Violence Policy (OGYVP) . However, (a)
provides that nothing prevents the Governor from
establishing a committee or board composed of heads of
state agencies, should the Governor deem necessary, and
(b) provides that the Board of State and Community
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Corrections (discussed below in #8) will assume many of
the responsibilities of CCCJ and OGYVP.
2. DNA Identification Fund Shortfall . Increases the
priority with which the penalty assessment revenue
deposited in the DNA Identification Fund is collected by
exempting the fee from subdivision (e) of Section
1203.1d of the Penal Code, and, instead, disbursing it
under paragraph (3) of subdivision (b) of Section
1203.1d of the Penal Code.
3. Bureau of State Audits, Court Public Contract Code
Compliance Clean-up . Makes technical clarifying changes
to amendments added in SB 78 (Senate Budget and Fiscal
Review Committee), Chapter 10, Statutes of 2011, by
removing, from Government Code Section 77206, the Bureau
of State Audit's requirement to assess the Judicial
Branch's compliance with Section 19210 of the Public
Contract Code and creating a new section that mirrors
Government Code Section 77206 in respect to this Public
Contract Code compliance responsibility (this change is
necessary to delineate the assessment of Public Contract
Code compliance from the financial audit established in
Government Code Section 77206), and establishes a
timeframe (10 days) in which the judicial branch must
notify the State Auditor when it has entered into a
contract greater than $1 million.
4. Community Corrections Grants . Cleans up statute related
to the California Community Corrections Performance
Incentive Act of 2009 (SB 678) by (a) specifying that
the Department of Finance use a weighted average when
determining each county's baseline probation failure
rate, (b) clarifying counties ability to choose method
of grant payment (high performance or probation failure
reduction), (c) specifying that the State Community
Corrections Performance Incentive Fund is continuously
appropriated, (d) limiting the amount that can be used
by the Administrative Office of the Courts for purposes
of implementing and administering the program to no more
than one percent, (e) clarifying method in which the
State Controller is to make allocations from the State
Community Corrections Performance Incentive Fund, and
(f) specifying the distribution method for any remaining
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balance of the State Community Corrections Performance
Incentive Fund.
5. Prison Health Care Services Medical Provider
Overpayments . Allows the Receiver to apply the
recoveries of overpayments made to medical providers to
the fiscal year in which they were collected. In
addition, allows the Department of Finance to increase
an item of appropriation for the fiscal year in which
the collection was made and authorize any recoveries
made prior to July 1, 2011 to be applied to fiscal year
2010-11. Requires that any money recovered or any
adjustments to appropriations made pursuant to this
section be reported to the Joint Legislative Budget
Committee within 30 days.
6. Prison Health Care Services Medi-Cal Reimbursement .
Provides the Department of Corrections and
Rehabilitation and California Prison Health Care
Services (CPHCS) the authority to sign eligible
patient-inmates up for Medi-Cal for the limited purpose
of receiving Federal Financial Participation (FFP).
Additionally, (a) makes various technical changes
necessary to conform to recently enacted state and
federal statute, (b) clarifies that the Department of
Health Care Services (DHCS) is the entity responsible
for reimbursing CPHCS for Medi-Cal patient-inmates and
Low Income Health Plan (LIHP) patient-inmates, (c)
clarifies responsibility for reimbursing community
hospitals and the methodology for reimbursement, (d)
clarifies that DHCS is to be reimbursed for any
administrative costs not covered by FFP, (e) clarifies
that CPHCS is responsible for returning any disallowed
FFP, and if there are any litigation costs, CPHCS is
responsible for them, and (f) allows DHCS to require a
county to enroll an eligible inmate into its LIHP and
removes any penalties from counties for any federal
claiming issues for LIHP patient-inmates.
7. Board of State and Community Corrections . Removes the
Corrections Standards Authority (CSA) from CDCR and
creates the Board of State and Community Corrections
(BSCC), beginning January 1, 2012. The BSCC is
comprised of nine state and local criminal justice
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stakeholders. In addition to the CSA's existing
responsibilities for monitoring local facilities and
distributing criminal justice resources, the BSCC's
mission will be to provide leadership, coordination, and
research expertise in the state and local corrections
system. This includes implementation of the 2011
realignment legislation for public safety. The mission
of the BSCC will also reflect the principal of aligning
fiscal policy and correctional practices to promote a
justice investment strategy that fits each county and is
consistent with the integrated statewide goal of
improved public safety through cost effective,
evidence-based strategies for managing criminal justice
populations. The BSCC will act as the supervisory board
of the state planning agency pursuant to federal acts
and review and approve the comprehensive state plan for
the improvement of criminal justice and delinquency
prevention activities throughout the state.
8. Inspector General Workload Reduction . Removes employees
of the Office of the Inspector General (OIG) and the
Inspector General from peace officer status and
authorizes the Inspector General and certain other
employees to exercise the powers of arrest and serving
warrants.
Narrows the duties of the OIG to (a) the existing
functions of the Bureau of Independent Review, (b)
reviewing CDCR policies, practices and procedures as
requested by the Governor, the Senate Rules Committee or
the Speaker of the Assembly, as specified, and (c)
conducting an objective, clinically appropriate, and
metric-oriented medical inspection program to
periodically review delivery of medical care at each
state prison, consistent with the current medical
inspection program conducted by the office, as
specified. The language makes related, conforming
changes. Lastly, removes the requirement of the
Inspector General to audit wardens, but retains the
warden vetting duties of the office.
9. Juvenile Parole Shift Clean-Up . Makes technical
clean-up to AB 1628 (Assembly Budget Committee), Chapter
729, Statutes of 2010, which transferred Division of
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Juvenile Justice parole responsibility to the
jurisdiction of county probation departments. This
change ensures the transfer regardless of the committing
court. AB 1628 only authorizes the Division to transfer
wards committed by a juvenile court in some instances,
but some commitments are made by superior courts.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
RJG:mw 6/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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