BILL ANALYSIS �
AB 2031
Page 1
Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2031 (Fuentes) - As Amended: March 20, 2012
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill adds rank-and-file law enforcement officers to the
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 probation officer or
deputy probation officer, appointed by the local labor
organization, to each 13-member CCP.
2)Increases the 12-member BSCC, effective July 1, 2012, to 16
members, adding four rank-and-file representatives - a
juvenile probation officer or a deputy juvenile probation
officer, an adult probation officer or a deputy adult
probation officer, a deputy sheriff not above the rank of
sergeant, and a state parole officer or parole agent.
FISCAL EFFECT
1)Minor state costs, likely less than $20,000, for additional
travel expenses for BSCC members, who do not otherwise receive
compensation.
2)Minor nonreimbursable local costs, likely less than $5,000 per
county, to the extent rank-and-file members participation in
CCP meetings requires backfill and/or overtime.
COMMENTS
1)Rationale . The author and proponents contend rank-and-file
peace officers should be represented on the BSCC and the CPPs,
which develop and implement state and local criminal justice
AB 2031
Page 2
policy and currently are composed of high level management
officials.
2)CCP composition and purpose . Pursuant to 2011 correctional
realignment, funds allocated to county probation for
realignment shall be used for evidence-based community
corrections practices and programs, as defined, which may
include risk and needs assessment, intermediate sanctions such
as electronic monitoring, community service, home detention,
day reporting, restorative justice programs, work furlough
programs, and county jail incarceration for up to 90 days,
drug and alcohol treatment, mental health treatment, anger
management, cognitive behavior programs, and job training and
employment services.
Each CPP is to recommend a plan to the county board of
supervisors for the implementation of public safety
realignment. Each plan shall be voted on by an executive
committee of the CCP. Each plan shall be deemed accepted by
the county board of supervisors unless the board rejects the
plan by four-fifths vote, in which case the plan goes back to
the CCP for changes.
The 13 members of each CPP:
The Chief Probation Officer (chair)
The presiding judge of the superior court
A county supervisor or the chief administrative officer for
the county
The district attorney
The public defender;
The sheriff
A chief of police
The head of the county department of social services
The head of the county department of mental health
The head of the county department of employment
The head of the county office of education
A representative of a community-based rehabilitative services
organization
An individual who represents the interests of victims.
3)BSCC composition and purpose . The BSCC, which effective July
1, 2012 becomes the successor entity to the Corrections
Standards Authority (the successor entity to the Board of
Corrections), is charged by statute with maintaining
AB 2031
Page 3
information about state and community correctional policies,
including adult corrections and juvenile justice. The BSCC
also develops statewide criminal justice recommendations,
provides technical assistance to the Legislature, state
agencies and local governments, and receives and disburses
federal funds.
The BSCC is also charged with analyzing implementation of the
CPP plans, reporting annually to the Legislature and the
governor.
The 12 members of the BSCC membership, appointed by the
governor unless otherwise noted:
The Secretary of the Department of Corrections and
Rehabilitation (CDCR) (chair)
The Director of the Division of Adult Parole Operations for
CDCR
A county sheriff with a local detention facility capacity of
up to 200 inmates
A county sheriff with a local detention facility capacity of
more than 200 inmates
A county supervisor or county administrative officer
A chief probation officer from a county with a population of
more than 200,000
A chief probation officer from a county with a population of
less than 200,000
A judge appointed by the Judicial Council of California
A chief of police
A community rehabilitative treatment services provider,
appointed by the Speaker
A community program provider or advocate, appointed by the
Senate Committee on Rules
A public member
4)Support . Rank-and-file law enforcement organizations contend
deputy sheriffs and probation officers should have a say in
realignment implementation and overall state and local
criminal justice policy development.
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,
AB 2031
Page 4
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."
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 state boards to
develop more comprehensive and practical approaches to
reducing recidivism."
5)Opposition . Law enforcement and other management officials
contend that decisions regarding policy and allocation of
resources should be determined by management.
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."
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?"
AB 2031
Page 5
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081