BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 2031 (Fuentes) - Community corrections: local and state board
composition.
Amended: August 6, 2012 Policy Vote: Public Safety 4-2
Urgency: No Mandate: No
Hearing Date: August 6, 2012
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 2031 would add members, including rank-and-file
representatives of law enforcement and social services, to the
Board of State and Community Corrections (BSCC), local Community
Corrections Partnerships (CCPs), and the Executive Committees of
CCPs, as specified.
Fiscal Impact:
Minor ongoing costs, likely less than $20,000 (General Fund)
annually to the BSCC in travel and per diem costs to expand
membership of the BSCC from 12 to 16 members. Potential minor
future cost pressure for additional expansion of BSCC
membership.
Minor ongoing non-reimbursable local costs to expand
membership of county CCPs from 14 to 18 members to the extent
overtime is required to engage the participation of the
additional members.
Background: Existing law established, commencing July 1, 2012,
the BSCC, as the successor entity to the Corrections Standards
Authority (CSA), an entity independent of the Department of
Corrections and Rehabilitation (CDCR), as specified. Existing
law provides that the mission of the BSCC shall include
providing statewide leadership, coordination, and technical
assistance to promote effective state and local efforts and
partnerships in California's adult and juvenile criminal justice
system, including addressing gang problems.
Existing law provides that the BSCC shall be composed of 12
members, as follows: 1) the Secretary of the CDCR, as chair, 2)
the Director of the Division of Adult Parole Operations for
AB 2031 (Fuentes)
Page 1
CDCR, 3) a county sheriff in charge of a local detention
facility which has a CSA rated capacity of 200 or less inmates,
4) a county sheriff in charge of a local detention facility
which has a CSA rated capacity of over 200 inmates, 5) a county
supervisor or county administrative officer, 6) a chief
probation officer from a county with a population over 200,000,
7) a chief probation officer from a county with a population
under 200,000, 8) a judge appointed by the Judicial Council, 9)
a chief of police, 10) a community provider of rehabilitative
treatment or services for adult offenders, 11) a community
provider or advocate with expertise in effective programs,
policies, and treatment of at-risk youth and juvenile offenders,
and, 12) a public member, appointed by the Governor, subject to
Senate confirmation.
Existing law authorizes each county to establish in each county
treasury a Community Corrections Performance Incentives Fund
(CCPIF), to receive all amounts allocated to that county for
purposes relating to California Community Corrections
Performance Incentives, more commonly known as the SB 678
program. Funds allocated to probation are to be used to provide
supervision and rehabilitative services for adult felony
offenders subject to probation, to be spent on evidence-based
community corrections practices and programs, as specified.
Existing law requires that the community corrections program be
developed and implemented by probation and advised by a local
CCP comprised of the following membership: 1) the chief
probation officer as chair, 2) the presiding judge of the
superior court, or his or her designee, 3) a county supervisor
or the chief administrative officer for the county or a designee
of the board of supervisors, 4) the district attorney, 5) the
public defender, 6) the sheriff, 7) a chief of police, 8) the
head of the county department of social services, 9) the head of
the county department of mental health, 10) the head of the
county department of employment, 11) the head of the county
alcohol and substance abuse programs, 12) the head of the county
office of education, 13) 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, 14) an individual who represents the
interests of victims.
Under existing law, each county CCP is required to recommend a
AB 2031 (Fuentes)
Page 2
local plan to the county board of supervisors for the
implementation of the 2011 Public Safety Realignment. The plan
is to be voted on by an executive committee of each county's CCP
consisting of the following seven members:
The 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
designee.
One department representative as designated by the
county board of supervisors from any of the following
county department heads:
o The head of the county department of social
services.
o The head of the county department of mental
health.
o The head of the county alcohol and substance
abuse programs.
Under existing law, 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.
Proposed Law: This bill would expand the membership of the BSCC,
local CCPs, and the Executive Committees of CCPs as follows:
Expands the membership of the BSCC from 12 to 16 members to
include the following four members to be appointed by the
Governor and subject to Senate confirmation:
A rank-and-file probation officer or deputy probation
officer.
A rank-and-file deputy sheriff who is a sergeant or
lower rank.
A rank-and-file social worker with experience serving
at-risk youth, adult criminal offenders, or persons with
alcohol or substance abuse problems.
An additional public member.
Expands the membership of each county's CCP from 14 to 18
members to include the following four members to be appointed by
the local labor organization:
A rank-and-file deputy sheriff.
AB 2031 (Fuentes)
Page 3
A rank-and-file probation officer or deputy probation
officer.
A rank-and-file social worker employed by the county
department of social services.
A counselor employed by a county alcohol and substance
abuse program.
Increases the executive committee of each county's CCP from
seven to eight voting members, and would revise the composition
of the executive committee to include the following two
rank-and-file members appointed by the local labor organization:
A rank-and-file probation officer or deputy probation
officer.
A rank-and-file social worker employed by the county
department of social services.
Related Legislation: AB 109 (Committee on Budget) Chapter
15/2011, the 2011 Public Safety Realignment bill, among other
provisions, requires the local CCPs to create an implementation
plan for post release supervision of offenders and establishes
an executive committee within the CCPs to make recommendations
to county board of supervisors.
SB 92 (Committee on Budget and Fiscal Review) Chapter 36/2011,
the Budget Act of 2011, among other provisions, removed the
Corrections Standards Authority (CSA) from CDCR and created the
BSCC, effective July 1, 2012.
AB 117 (Committee on Budget) Chapter 39/2011, the criminal
justice realignment budget trailer bill, made technical changes
to AB 109 among other provisions, and revised the composition of
the executive committee of each county's CCP to the following:
chief probation officer, a chief of police, the sheriff, the
district attorney, the public defender, the presiding judge or
his or her designee, and a county department head. This bill
also provided that the plan shall be deemed accepted by the
board of supervisors unless it is rejected by a vote of
four-fifths of the board, in which case the plan goes back to
the CCP for further consideration.
Staff Comments: Expanding the BSCC membership from 12 to 16
members will result in additional costs to the BSCC for travel
and per diem costs. The BSCC has indicated the costs are likely
to be minor and absorbable. Staff notes, however, this expansion
AB 2031 (Fuentes)
Page 4
could prompt additional future cost pressure associated with
additional expansion of the BSCC to include additional members.
Costs to expand local CCP membership from 14 to 18 members would
result in potential non-reimbursable costs, likely minor, to
counties for the rank-and-file members to attend CCP meetings to
the extent overtime or reimbursement to the members is required.
Staff notes that although this bill increases the number of
members of a county CCP executive committee by only one voting
member (from 7 to 8 members), the composition of the executive
committee could potentially be revised to include two
rank-and-file representatives. In addition to the rank-and-file
probation officer or deputy probation officer, the designation
of a county department head could instead be replaced by a
rank-and-file social worker employed by the county department of
social services, who would be the only "department
representative" as well as the only CCP member not already
listed as an executive committee member.
As currently drafted, the bill requires one of the eight members
of the executive committee of each local CCP to include one
department representative listed in either subparagraph (G),
(H), or (J) of PC section 1230(b)(2), which reflects the revised
list of 18 CCP members. Under existing law, the cross references
above correspond to the head of the county department of social
services, head of the county department of mental health, and
the head of the county alcohol and substance abuse programs. As
amended, however, the cross references have not been updated and
currently correspond to a chief of police, a rank-and-file
probation officer, and a rank-and-file social worker.
Recommended Amendments: In order to retain the executive
committee membership designation by the county board of
supervisors to include one county department head, as specified
under existing law, staff recommends an amendment to update the
cross-references in Section 2 of the bill, subdivision (b) of
Section 1230.1, as follows:
"The plan shall be voted on by an executive committee of each
county's Community Corrections Partnership consisting of the
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
AB 2031 (Fuentes)
Page 5
designee, a rank-and-file probation officer or deputy probation
officer, and one department representative listed in either
subparagraph (G), (H), or (J) (I), (K), or (M) of paragraph (2)
of subdivision (b) of Section 1230, as designated by the county
board of supervisors for purposes related to the development and
presentation of the plan."