BILL ANALYSIS �
AB 1197
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Date of Hearing: May 3, 2011
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1197 (Hill) - As Amended: March 31, 2011
SUMMARY : Modifies the manner in which the California
Department of Corrections and Rehabilitation (CDCR) and the
Corrections Standards Authority (CSA) awards project funds.
Specifically, this bill :
1)States that county matching funds for local jail facilities
projects funded, as specified, shall be a minimum of 10%.
2)Removes the funding preference for counties that assist
California in siting reentry facilities, as specified.
3)Removes the funding preference for counties that assist
California in siting mental health day treatment and crisis
care, as specified, 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 for
their period of parole.
4)States that counties that applied for, and were awarded,
prison construction bond funds, as specified, shall be funded
in the amount awarded.
5)States that after awarding previously promised funds from the
prison construction bond funds, as specified, funding
preference shall be given to counties that committed the
largest percentage of inmates to state custody in relation to
the total inmate population supervised by CDCR in 2010.
EXISTING LAW:
1)Authorizes CDCR, a participating county, and the State Public
Works Board (SPWB) are authorized to acquire, design, and
construct a local jail facility approved by CSA, as specified,
or a site or sites owned by, or subject to a lease or option
to purchase held by, a participating county. The ownership
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interest of a participating county in the site or sites for a
local jail facility must be determined by the SPWB to be
adequate for purposes of its financing in order to be eligible
under this chapter. �Government Code Section 15820.911(a).]
2)Authorizes CDCR, a participating county, and SPWB to enter
into a construction agreement for these projects that shall
provide, at a minimum, performance expectations of the parties
related to the acquisition, design, construction, or
renovation of the local jail facility; guidelines and criteria
for use and application of the proceeds of revenue bonds,
notes, or bond anticipation notes issued by the SPWB to pay
for the cost of the approved local jail facility project; and
ongoing maintenance and staffing responsibilities for the term
of the financing. �Government Code Section 15820.911(c).]
3)Authorizes SPWB to issue up to $470 million in revenue bonds,
notes, or bond anticipation notes, as specified, to finance
the acquisition, design, or construction, and a reasonable
construction reserve, of approved local jail facilities, as
specified, and any additional amount to pay for the cost of
financing, as specified. Proceeds from the revenue bonds,
notes, or bond anticipation notes may be used to reimburse a
participating county for the costs of acquisition, preliminary
plans, working drawings, and construction for approved
projects. �Government Code Section 15820.913(a) and (b).]
4)States that no state moneys shall be encumbered in contracts
let by let by a participating county until final architectural
plans and specifications have been approved by the CSA, and
subsequent construction bids have been received. �Government
Code Section 15820.916(a).]
5)States that participating county matching funds for projects
funded under the local jail facilities project shall be a
minimum of 25%. 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).]
6)Requires CDCR and CSA to give funding preference to counties
that assist California in siting reentry facilities, as
specified. �Government Code Section 15820.917(b).]
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7)Requires CDCR to give funding preference to counties that
assist California in siting mental health day treatment and
crisis care, as specified, 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).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 1197 seeks
to further refine the allocation of 'AB 900 funds' for
construction of local jails. Much progress has already been
made this session in eliminating some of the aspects of AB 900
that made it difficult for counties to access those funds.
However, there are still improvements that can be made to
ensure equitable access for all counties. AB 1197 seeks to
strike a fair balance in the distribution of AB 900 funds."
2)Background : According to information provided by the author,
"Assembly Bill 900 (Chapter 7, Statutes of 2007) authorized
$1.2 billion in state lease revenue bond funding for the
construction of local jail facilities. A number of counties
were awarded conditional funding in November of 2009 in the
first phase. However, some of those counties were unable to
meet all of the imposed criteria for accepting the funds.
Much of original AB 900 funds, in part because of stringent
requirements, remained unallocated as of 2011.
"As part of the public safety realignment efforts approved by
the Governor and Legislature earlier this year, AB 111
(Chapter 16, Statutes of 2011) altered some of the
requirements for counties attempting to procure AB 900 funds.
The criteria enacted in AB 111 were further refined by AB 94
(Committee on Budget) which was pending on the Assembly Floor
as of this submission. While these two efforts have made
great progress and eliminated some of the restrictive
provisions of AB 900, there remain inequities in the
allocation formulas that AB 1197 seeks to rectify to ensure
all counties have equal access to the remaining funds."
3)Related Legislation :
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a) AB 94 (Committee on Budget) modifies the manner in which
funds are awarded for local jail costs. Specifically, AB
94 allows participating counties that received Phase I
conditional awards to relinquish the awards and reapply,
provided that no state moneys have been encumbered, adds a
funding preference to counties that relinquish their
conditional awards, provided that those counties continue
to assist the state in siting reentry facilities, reduces
county contribution of project costs from 25% to 10%, and
specifies that participating counties shall not receive
awards greater than $100 million. AB 94 is pending the
Governor's signature.
b) AB 111 (Committee on Budget), Chapter 16, Statutes of
2011, moved uncommitted jail construction funding, removed
reentry siting requirements for accessing Phase II funding,
removed benchmark requirements for accessing Phase II
funding, and added preference for counties that committed
the largest percentage of inmates to state custody in
relation to the total state inmate population in 2010.
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
California Coalition for Women Prisoners
Community United Against Violence
Drug Policy Alliance
Justice Now
Legal Services for Prisoners with Children
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
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