BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2031|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2031
Author: Fuentes (D)
Amended: 8/8/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 7/3/12
AYES: Anderson, Calderon, Harman, Price
NOES: Hancock, Liu
NO VOTE RECORDED: Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/6/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 71-1, 4/23/12 - See last page for vote
SUBJECT : Community corrections: local and state board
composition
SOURCE : Author
DIGEST : This bill adds law enforcement rank-and-file
members to the Board of State and Community Corrections
(BSCC), local Community Corrections Partnerships (CCPs),
and the Executive Committees of the CCPs, as specified.
ANALYSIS :
Local CCPs
CONTINUED
AB 2031
Page
2
Existing law authorizes each county to establish in each
county treasury a Community Corrections Performance
Incentives Fund, to receive all amounts allocated to that
county for purposes relating to California Community
Corrections Performance Incentives, more commonly known at
the SB 678 program. (Penal Code (PEN) Section 1230)
Existing law requires that the community corrections
program be developed and implemented by probation and
advised by a CCP chaired by the chief probation officer and
comprised of the following membership:
The presiding judge of the superior court, or his/her
designee.
A county supervisor or the chief administrative officer
for the county or a designee of the board of
supervisors.
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 alcohol and substance abuse
programs.
The head of the county office of education.
A representative from a community-based organization
with experience in successfully providing rehabilitative
services to persons who have been convicted of a
criminal offense.
An individual who represents the interests of victims.
CONTINUED
AB 2031
Page
3
(PEN Section 1230(b)(2))
This bill adds the following members to the local CCPs:
A rank-and-file deputy sheriff, to be appointed by the
local labor organization.
A rank-and-file probation officer or deputy probation
officer, to be appointed by the local labor
organization.
Existing law requires each local CCP to "recommend a local
plan to the county board of supervisors for the
implementation of the 2011 public safety realignment."
(PEN Section 1230.1) Existing law requires that the plan
be voted on by an executive committee of each county's CCP
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/her designee, and one department
representative, as specified. (PEN Section 1230.1(b))
This bill requires that the executive committee of each
county's CCP include a rank-and-file deputy sheriff and a
rank-and-file probation officer or deputy probation
officer.
BSCC
Existing law provides for the Corrections Standards
Authority (CSA) an entity within the Department of
Corrections and Rehabilitation (CDCR), as specified. (PEN
Section 6024)
Existing law establishes, commencing July 1, 2012, the BSCC
as the successor entity to CSA, an entity independent of
CDCR, as specified. (PEN Section 6024.) Existing law
provides the following mission for the BSCC:
The mission of the board 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
CONTINUED
AB 2031
Page
4
problems. This mission shall reflect the principle of
aligning fiscal policy and correctional practices,
including, but not limited to prevention, intervention,
suppression, supervision, and incapacitation, 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,
promising, and evidence-based strategies for managing
criminal justice populations. (Penal Code � 6024(b).)
Existing law enumerates specified duties for the BSCC,
including establishing minimum standards for local
correctional facilities (PEN Section 6030), inspecting
local detention facilities biennially (PEN Sections 6031
and 6031.1), conducting biennial inspections of local
juvenile facilities, as specified (Welfare and Institutions
Code (WIC) Section 209), and engaging in related matters
pertaining to standards and conditions in local facilities
where minors are detained, as specified. (See WIC Sections
207.1, 210, and 210.2.) In addition to its ongoing duties,
CSA/BSCC is statutorily tasked with administering certain
programs, such as the AB 900 Local Jail Construction
Financing Program, the Juvenile Justice Crime Prevention
Act, and the Youthful Offender Block Grant. Existing law
also enumerates additional duties for the BSCC broadly
relating to criminal justice policy, as specified. (PEN
Section 6027)
Existing law provides that the BSCC shall be composed of 12
members, as follows:
1. The Secretary of CDCR, serving as chair.
2. The Director of the Division of Adult Parole Operations
for CDCR.
3. A county sheriff in charge of a local detention facility
which has a CSA rated capacity of 200 or less inmates,
appointed by the Governor, subject to Senate
confirmation.
4. A county sheriff in charge of a local detention facility
which has a CSA rated capacity of over 200 inmates,
appointed by the Governor, subject to Senate
CONTINUED
AB 2031
Page
5
confirmation.
5. A county supervisor or county administrative officer.
This member shall be appointed by the Governor, subject
to Senate confirmation.
6. A chief probation officer from a county with a
population over 200,000, appointed by the Governor,
subject to Senate confirmation.
7. A chief probation officer from a county with a
population under 200,000, appointed by the Governor,
subject to Senate confirmation.
8. A judge appointed by the Judicial Council of California.
9. A chief of police, appointed by the Governor, subject to
Senate confirmation.
10. A community provider of rehabilitative treatment or
services for adult offenders, appointed by the Speaker
of the Assembly.
11. A community provider or advocate with expertise in
effective programs, policies, and treatment of at-risk
youth and juvenile offenders, appointed by the Senate
Rules Committee.
12. A public member, appointed by the Governor, subject to
Senate confirmation. (PEN Section 6025)
This bill adds four additional members to BSCC. Four
rank-and-file representatives, to be appointed by the
Governor and subject to Senate confirmation, including all
of the following:
1. One juvenile probation officer or a deputy juvenile
probation officer.
2. One adult probation officer or a deputy adult probation
officer.
3. One deputy sheriff who is a sergeant or lower rank.
CONTINUED
AB 2031
Page
6
4. One state parole officer or parole agent.
Prior Legislation
AB 109 (Assembly Budget Committee), Chapter 15, Statutes of
2011
SB 92 (Senate Budget and Fiscal Review Committee), Chapter
36, Statutes of 2011
AB 117 (Assembly Budget Committee), Chapter 39, Statutes of
2011
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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.
SUPPORT : (Verified 8/8/12)
AFSCME, AFL-CIO
Association for Los Angeles Deputy Sheriffs
California Coalition of Law Enforcement Associations
California Correctional Peace Officers Association
Los Angeles County Probation Officers' Union, AFSCME, Local
685
Peace Officers Research Association of California
Riverside Sheriffs' Association
OPPOSITION : (Verified 8/8/12)
ACLU
All of Us or None
CONTINUED
AB 2031
Page
7
American Indian Movement
Asian Youth Promoting Advancement and Leadership
Aztlan Beautification Movement
Black Awareness Community Development Organization
California Attorneys for Criminal Justice
California Coalition of Women Prisoners
California District Attorneys Association
California Fund for Youth Organizing
California Mental Health Directors Association
California Prison Moratorium Project
California Probation, Parole and Correctional Association
California Public Defenders Association
California State Association of Counties
California State Sheriffs' Association
Californians United for a Responsible Budget
CCISCO - Safe Return Team
Center for Juvenile and Criminal Justice
Center for Young Women's Development
Chief Probation Officers of California
Children's Defense Fund
Communities United for Restorative Youth Justice
Community Justice Network for Youth
Communityworks
County Alcohol and Drug Program Administrators Association
of California
East Side Arts Alliance
Escuelas Si Pintas No Coalition
Family Institute
Fathers and Families of San Joaquin
Haywood Burns Institute
Homies Unidos
Intertribal Friendship House
League of California Cities
Legal Services for Prisoners with Children
Love Life Foundation
National Latino Fatherhood
Office of Restorative Youth Justice-Archdiocese of Los
Angeles
Pacific Institute - Community Strategies for Sustainability
and Justice
PICO California
Regional Council of Rural Counties
Restorative Justice for Oakland Youth
San Joaquin Valley Latino Environmental Advocacy Project
CONTINUED
AB 2031
Page
8
San Joaquin Valley Mexican American Political Association
Santa Cruz Barrios Unidos
Solano County Board of Supervisors
The Mentoring Center
Urban Counties Caucus
Urban Strategies Council
Youth Justice Coalition
ARGUMENTS IN SUPPORT : The author states:
AB 2231 would add a rank-and-file probation officer and
a rank-and-file deputy sheriff to the Executive
Committees of the Community Corrections Partnership
(CCP) and to the Board of State and Community
Corrections.
Existing law authorizes each county to establish a
Community Corrections Performance Incentives Fund to
receive state moneys to implement a community
corrections program. The community corrections program
must be advised by a local CCP, consisting of specified
members, including, but not limited to, the sheriff and
the heads of various county social services programs.
The CCP must also recommend a local plan to the county
board of supervisors for the implementation of public
safety realignment.
Further, existing law establishes the Board of State and
Community Corrections to provide statewide leadership,
coordination, and technical assistance to promote
effective state and local efforts and partnerships in
California's adult and juvenile criminal justice system.
The board is comprised of specified members, including,
but not limited to, county sheriffs and probation
officers.
Under realignment, rank-and-file probation officers and
deputy 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.
ARGUMENTS IN OPPOSITION : California State Association of
Counties and the Urban Counties Caucus, which are among the
CONTINUED
AB 2031
Page
9
opponents of this bill, state in part, "In our view, the
work to ensure successful realignment of correctional
responsibilities has just begun. Given the breadth and
magnitude of this shift, we feel it is simply too soon to
begin making changes to the underlying statutory construct
that supports the realignment planning and implementation
process. We also fear that if the Legislature sees fit to
expand the composition of the CCP, its executive committee,
or the BSCC, it would be merely the first in a line of
changes that would result, regrettably, in making these
bodies too large and unwieldy. As it stands now, the
composition of these bodies - particularly the CCP
executive committee - has been controversial and delicate.
In the context of realignment, we will all benefit from
having more experiential and programmatic data about how
things are actually working at the local level before
making hasty and, in our view, unjustified changes."
ASSEMBLY FLOOR : 71-1, 4/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Buchanan, Butler, Campos, Carter, Chesbro, Conway, Cook,
Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nielsen,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Norby
NO VOTE RECORDED: Brownley, Charles Calderon, Cedillo,
Davis, Fletcher, Furutani, Nestande, Smyth
RJG:k 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
AB 2031
Page
10
CONTINUED