BILL ANALYSIS �
AB 2031
Page 1
GOVERNOR'S VETO
AB 2031 (Fuentes)
As Amended August 24, 2012
2/3 vote
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|ASSEMBLY: |71-1 |(April 23, |SENATE: |28-5 |(August 28, |
| | |2012) | | |2012) |
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|ASSEMBLY: |78-0 |(August 29, | | | |
| | |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
AB 2031
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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.
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.
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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;
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;
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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
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:
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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.
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.
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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."
GOVERNOR'S VETO MESSAGE :
"This bill would add rank and file law enforcement and other
members to the Board of State and Community Corrections and
local Community Corrections Partnerships."
"The membership of the Board and the local Partnerships was
something I carefully considered and crafted as part of my
realignment proposal. To date, I have not seen credible
evidence that would convince me to change the original design.
If, after a reasonable period of time, it becomes clear that the
absence of rank and file members is a problem, I will be glad to
reconsider."
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0005967