BILL ANALYSIS                                                                                                                                                                                                    �



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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2031 (Fuentes)
          As Amended  August 24, 2012
          Majority vote
           
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          |ASSEMBLY:  |71-1 |(April 23,      |SENATE: |28-5 |(August 28,    |
          |           |     |2012)           |        |     |2012)          |
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           Original Committee Reference:    PUB. S.  
           
          SUMMARY  :  Adds rank-and-file law enforcement officers, a social 
          worker employed by the county department of social services, and 
          an alcohol and substance abuse counselor to the membership of a 
          Community Corrections Partnership (CCP) and adds a public member 
          and a social worker, as specified, to the membership of the 
          Board of State and Community Corrections (BSCC).  

           The Senate amendments  :

          1)Add a rank-and-file social worker employed by the county 
            department of social services, to be appointed by the local 
            labor organization, to the local CCP membership.

          2)Add a counselor employed by a county alcohol and substance 
            abuse program, to be appointed by the local labor 
            organization, to the local CCP membership.

          3)Delete a rank-and-file deputy sheriff from the local CCP 
            membership required to vote on a local plan for the 
            implementation of the 2011 public safety realignment.

          4)Add one additional member of the public to the BSCC 
            membership, for a total of two public members to serve on the 
            BSCC.

          5)Delete one rank-and-file representative from the BSCC 
            membership, for a total of three rank-and-file representatives 
            from specified fields to serve on the BSCC.

          6)Replace the requirement for a rank-and-file juvenile probation 
            officer on the BSCC membership with a rank-and-file probation 
            officer or a deputy probation officer.









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          7)Delete a rank-and-file adult probation officer or a deputy 
            adult probation officer from the BSCC membership.

          8)Add a social worker with experience serving at-risk youth, 
            adult criminal offenders, or persons with alcohol or substance 
            abuse problems, to the BSCC membership.

          9)Replace the requirement that the local plan shall be voted on 
            by one representative from the Chief of Police, a 
            rank-and-file probation officer or deputy probation office, 
            and a rank-and-file social worker employed by the county 
            department of social services with the requirement that the 
            local plan shall be voted on by on representative from the 
            head of the county department of social services, the head of 
            the county department of mental health or the head of the 
            county alcohol and substance abuse programs.

          10)Require a local CCP to meet at least once a 
          year.  
          EXISTING LAW  : 

          1)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 of 
            implementing a community corrections program.  

          2)States that the community corrections program shall be 
            developed and implemented by probation and advised by a local 
            CCP.  

          3)Provides that the local CCP shall be chaired by the chief 
            probation officer 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;









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             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.  

          4)States that the BSCC, commencing July 1, 2012, shall be 
            composed of 12 members, as follows:

             a)   The Chair of the BSCC, 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 








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               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 
               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 Rules 
               Committee; and,

             bb)  A public member, appointed by the Governor, subject to 
               Senate confirmation.  (Operative July 1, 2012.)  

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Added 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)Required the 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)Specified 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.









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          4)Provided 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.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee: 

          1)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.

          2)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.

           COMMENTS  :  According to the author, "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.  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."

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


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