BILL ANALYSIS �
AB 2031
Page 1
Date of Hearing: March 27, 2012
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2031 (Fuentes) - As Amended: March 20, 2012
SUMMARY : Adds rank-and-file law enforcement officers to the
membership of Community Corrections Partnership (CCP) and the
Board of State and Community Corrections (BSCC). Specifically,
this bill :
1)Adds a rank-and-file deputy sheriff and a rank-and-file
probation officer or deputy probation officer, appointed by
the local labor organization, to the membership of each local
CCP.
2)Requires the Board of State and Community Corrections (BSCC),
commencing July 1, 2012, to be composed of 16 members, as
specified, including four rank-and-file representatives, to be
appointed by the Governor and subject to Senate confirmation.
3)Specifies that the four rank-and-file representatives on the
BSCC shall include all of the following:
a) One juvenile probation officer or a deputy juvenile
probation officer;
b) One adult probation officer or a deputy adult probation
officer;
c) One deputy sheriff who is a sergeant or lower rank; and
d) One state parole officer or parole agent.
4)Provides that the terms of the BSCC members appointed by the
Governor shall expire as follows: three on July 1, 2014, and
eight on July 1, 2015, as specified by the Governor.
EXISTING LAW :
1)Authorizes each county to establish in each county treasury a
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Community Corrections Performance Incentives Fund (CCPIF), to
receive all amounts allocated to that county for purposes of
implementing a community corrections program. �Penal Code
Section 1230(a).]
2)States that the community corrections program shall be
developed and implemented by probation and advised by a local
CCP. �Penal Code Section 1230(b)(1).]
3)Provides that the local CCP shall be chaired by the CPO and
comprised of the following membership:
a) The presiding judge of the superior court, or his or her
designee;
b) A county supervisor or the chief administrative officer
for the county or a designee of the board of supervisors;
c) The district attorney;
d) The public defender;
e) The sheriff;
f) A chief of police;
g) The head of the county department of social services;
h) The head of the county department of mental health;
i) The head of the county department of employment;
j) The head of the county office of education;
aa) A representative from a community-based organization
with experience in successfully providing rehabilitative
services to persons who have been convicted of a criminal
offense; and
bb) An individual who represents the interests of victims.
�Penal Code Section 1230(b)(2).]
4)States that funds allocated to probation for purposes of
realignment shall be used to provide supervision and
rehabilitative services for adult felony offenders subject to
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probation, and shall be spent on evidence-based community
corrections practices and programs, as defined, which may
include, but are not limited to, the following:
a) Implementing and expanding evidence-based risk and needs
assessment;
b) 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;
c) Providing more intensive probation supervision;
d) Expanding the availability of evidence-based
rehabilitative programs, including, but not limited to,
drug and alcohol treatment, mental health treatment, anger
management, cognitive behavior programs, and job training
and employment services; and
e) Evaluating the effectiveness of rehabilitation and
supervision programs and ensuring program fidelity. �Penal
Code Section 1230(b)(3).]
5)Mandates each probation department receiving realignment funds
to maintain a complete and accurate accounting of all funds
received. �Penal Code Section 1230(b)(5).]
6)Mandates each county local CCP to recommend a local plan to
the county board of supervisors for the implementation of the
2011 public safety realignment. �Penal Code Section
1230.1(a).]
7)States that the local plan shall be voted on by an executive
committee of each county's CCP consisting of a chief probation
officer of the county as chair, a chief of police, the
sheriff, the District Attorney, the Public Defender, the
presiding judge of the superior court, or his or her designee,
and one department representative from either the county
department of social services, the county department of mental
health, or the county alcohol and substance abuse programs, as
designated by the county board of supervisors. �Penal Code
Section 1230.1(b).]
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8)Provides that the local plan shall be deemed accepted by the
county board of supervisors unless the board rejects the plan
by a vote of four-fifths of the board, in which case the plan
goes back to the CCP for further consideration. �Penal Code
Section 1230.1(c).]
9)States that the BSCC, commencing July 1, 2012, shall be
composed of 12 members, as follows:
a) The Chair of the Board of State and Community
Corrections, who shall be the Secretary of the Department
of Corrections and Rehabilitation;
b) The Director of the Division of Adult Parole Operations
for the Department of Corrections and Rehabilitation;
c) A county sheriff in charge of a local detention facility
which has a Corrections Standards Authority rated capacity
of 200 or less inmates, appointed by the Governor, subject
to Senate confirmation;
d) A county sheriff in charge of a local detention facility
which has a Corrections Standards Authority rated capacity
of over 200 inmates, appointed by the Governor, subject to
Senate confirmation;
e) A county supervisor or county administrative officer.
This member shall be appointed by the Governor, subject to
Senate confirmation;
f) A chief probation officer from a county with a
population over 200,000, appointed by the Governor, subject
to Senate confirmation;
g) A chief probation officer from a county with a
population under 200,000, appointed by the Governor,
subject to Senate confirmation;
h) A judge appointed by the Judicial Council of California;
i) A chief of police, appointed by the Governor, subject to
Senate confirmation;
j) A community provider of rehabilitative treatment or
services for adult offenders, appointed by the Speaker of
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the Assembly;
aa) A community provider or advocate with expertise in
effective programs, policies, and treatment of at-risk
youth and juvenile offenders, appointed by the Senate
Committee on Rules; and
bb) A public member, appointed by the Governor, subject to
Senate confirmation. (Operative July 1, 2012.) �Penal
Code Section 6025(a).]
10)Provides term expiration dates for members of the BSCC, as
follows: the terms of three members appointed by the Governor
shall expire on July 1, 2014, and four shall expire on July 1,
2015, as specified by the Governor. The term of the member
appointed by the Senate Committee on Rules shall expire on
July 1, 2014. The term of the member appointed by the Speaker
of the Assembly shall expire on July 1, 2015. The term of the
member appointed by the Judicial Council shall expire on July
1, 2015. Successor members shall hold office for terms of
three years, each term to commence on the expiration date of
the predecessor. Members are eligible for reappointment.
(Operative July 1, 2012.) �Penal Code Section 6025(b).]
11)States that it shall be the duty of the BSCC to collect and
maintain available information and data about state and
community correctional policies, practices, capacities, and
needs, including, but not limited to, prevention,
intervention, suppression, supervision, and incapacitation, as
they relate to both adult corrections, juvenile justice, and
gang problems. The board shall seek to collect and make
publicly available up-to-date data and information reflecting
the impact of state and community correctional, juvenile
justice, and gang-related policies and practices enacted in
the state, as was well as information and data concerning
promising and evidence-based practices from other
jurisdiction. (Operative July 1, 2012.) �Penal Code Section
6027(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Under
realignment, rank-and-file probation officers and deputy
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sheriffs have been excluded from the Executive Committees of
the CCPs, and the statewide executive committee; both of these
committees are charged with implementation of realignment. As
a result there is currently no rank-and-file representation
and no effective voice for the individuals who will actually
deliver the bulk of services required for successful
implementation of realignment."
2)Current CCP/BSCC Membership : This bill adds additional law
enforcement representatives to the membership of CCP and BSCC.
Currently, CCP has 15 members, two of which represent law
enforcement. The BSCC currently has 12 members, including
five members who represent law enforcement. Other members
include a representative of judges, district attorneys, and
public defenders; providers of mental health and
rehabilitative services; a representative on behalf of
victims, and a public member. The goal of CCP and BSCC is to
determine how to best implement the 2011 Public Safety
Realignment. In order to adequately represent all of the
stakeholders, it is important to keep a balance of interests
on the CCP and BSCC. Considering the current membership of
the CCPs and BSCC, is there a need to add more members to
these boards who represent law enforcement?
3)Arguments in Support :
a) According to the State Coalition of Probation
Organizations , "Two authoritative structures were created
to implement realignment - the BSCC at the state level and
the Executive Committee of the CCP at the county level.
However, there is NO rank-and-file representation on either
body. Furthermore, the CSA �Corrections Standards
Authority], which the BSCC is replacing, has rank-and-file
membership. Rank-and-file representation on the Board and
committees charged with implementation of realignment is
vital to its success. Rank-and-file probation officers and
deputy sheriffs will add an important perspective and raise
vital operational issues, which will ultimately impact the
overall success of public safety realignment."
b) According to the California Correctional Peace Officers
Association , "AB 2031 would insure that the affected boards
have appropriate input from the people who actually work
with offenders as well as from those who manage such
operations. This input should allow both the local and
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state boards to develop more comprehensive and practical
approaches to reducing recidivism."
4)Arguments in Opposition :
a) According to the California Public Defenders
Association , "The County Community Corrections Partnership,
and the Board of State and Community Corrections already
have adequate participation by probation officers,
sheriff's officers, and parole officers. Further the
Partnership and Board are also already big enough (13 and
12 members, respectively.) Adding more members will only
add difficulty to reaching decisions. Moreover, if the
Legislature should make a public policy decision regarding
expansion, why should the additions be limited to rank and
file sheriff's deputies, probation officers, and parole
agents? Why not the at-lest-equally important additional
views of rank and file members from each of the many other
county and state departments and agencies already
represented, including a district attorney, a public
defender, as well as a private trial-level defense
attorney?"
b) According to the California State Sheriffs Association ,
"The CSSA believes Community Corrections Partnership is an
open forum which lends itself to input from all
stakeholders. Labor representatives are certainly welcome
to contribute to all discussions relating to the
implementation of realignment. However, CSSA is
unalterably opposed to having a labor representative on the
Executive Committee as contemplated by AB 2031."
5)Previous Legislation :
a) SB 92 (Budget and Fiscal Review Committee), Chapter 36,
Statutes of 2011, starting July 1, 2012, eliminates the
Corrections Standards Authority, and assigns its former
duties to the newly created 12-member BSCC and assigns
additional duties, as provided.
b) AB 153 (Nakano), Chapter 930, Statutes of 2001, expanded
the Board of Corrections membership from 13 members to 15,
by adding to the appointed members a second rank-and-file
representative of a local corrections facility and a
representative of a community-based youth service
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organization.
REGISTERED SUPPORT / OPPOSITION :
Support
State Coalition of Probation Organizations (Sponsor)
American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
California Coalition of Law Enforcement Associations
California Correctional Peace Officers Association
Peace Officers Research Association of California
Opposition
California Probation, Parole and Correctional Association
California Probation Officers of California
California Public Defenders Association
California State Sheriffs Association
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744