BILL ANALYSIS �
AB 2587
Page 1
Date of Hearing: April 17, 2012
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2587 (Knight) - As Amended: April 12, 2012
SUMMARY : Authorizes the California Department of Corrections
and Rehabilitation (CDCR) to enter into a long-term contract
with the City of Adelanto to finance and build a state prison
facility. Specifically, this bill :
1)Authorizes the CDCR to enter into a long-term agreement not to
exceed 25 years, with the City of Adelanto to finance and
build a state prison facility for the incarceration of
medium-and maximum-security inmates.
2)Requires that the facility be staffed by CDCR.
3)Specifies that the inmates incarcerated in this facility are
subject to the rules and regulations of the CDCR Secretary.
4)Requires that CDCR take the following factors into
consideration in determining the reimbursement rate for a
long-term agreement for the City of Adelanto:
a) Cost incurred by the City of Adelanto for financing and
construction of the facility; and
b) Any other factors necessary and appropriate to fix these
obligations, responsibilities, and rights of the respective
parties.
5)Specifies the payment to the City of Adelanto shall include a
service fee component that takes into consideration the
investment, risk, and assistance of the city in siting,
financing, and constructing the facility.
6)States that CDCR may elect to contract with the City of
Adelanto to maintain the facility, including maintaining the
fixtures and improvements which comprise the facility.
AB 2587
Page 2
7)Finds and declares that a special law is necessary and that a
general law cannot be made applicable because of the unique
circumstances of the City of Adelanto that allow for the
needed prison to begin in a timely manner.
EXISTING LAW :
1)The 1990 Prison Construction Committee is hereby created. The
committee shall consist of the Controller, the Treasurer, and
the Director of Finance, or their designated representatives.
A majority may act for the committee. The Treasurer shall
chair the committee. That committee shall be the "committee,"
as that term is used in the State General Obligation Bond Law.
When funds are appropriated to the Department of Corrections,
the Department of Corrections is the "board" for the purpose
of the State General Obligation Bond Law and this chapter.
When funds are appropriated to the Department of Youth
Authority, the Department of Youth Authority is the "board"
for the purpose of the State General Obligation Bond Law and
this chapter. (Penal Code Section 7422.)
2)States that the 1990 Prison Construction Committee is hereby
created. The committee shall consist of the Controller, the
Treasurer, and the Director of Finance, or their designated
representatives. A majority may act for the committee. The
Treasurer shall chair the committee. That committee shall be
the "committee," as that term is used in the State General
Obligation Bond Law.
When funds are appropriated to the Department of Corrections,
the Department of Corrections is the "board" for the purpose
of the State General Obligation Bond Law and this chapter.
When funds are appropriated to the Department of Youth
Authority, the Department of Youth Authority is the "board"
for the purpose of the State General Obligation Bond Law and
this chapter. (Penal Code Section 7423.)
3)Specifies that the committee is hereby authorized and
empowered to create a debt or debts, liability or liabilities,
of the State of California, in the aggregate principal amount
of four hundred fifty million dollars ($450,000,000),
exclusive of refunding bonds, in the manner provided in this
chapter. That debt or debts, liability or liabilities, shall
be created for the purpose of providing the fund to be used
AB 2587
Page 3
for the object and work specified. (Penal Code Section 7424.)
4)Provides the committee may determine whether or not it is
necessary or desirable to issue any bonds authorized under
this chapter, and if so, the amount of bonds then to be issued
and sold. The committee may authorize the Treasurer to sell
all or any part of the bonds herein authorized at such time or
times as may be fixed by the Treasurer. (Penal Code Section
7425.)
5)State the moneys in the fund shall be used for the
acquisition, construction, renovation, remodeling, and
deferred maintenance of state youth and adult correctional
facilities. (Penal Code Section 7426.)
6)Provides moneys deposited in the fund may also be used for the
refinancing of interim debt incurred for any of the purposes
specified. (Penal Code Section 7426.5.)
7)States all bonds herein authorized, which shall have been duly
sold and delivered as herein provided, shall constitute valid
and legally binding general obligations of the State of
California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
the principal thereof and interest thereon. �Penal Code
Section 7427(a).]
8)Specifies there shall be collected annually in the same manner
and at the same time as other state revenue is collected that
sum, in addition to the ordinary revenues of the state, that
is required to pay the principal of and interest on those
bonds, and it is hereby made the duty of all officers charged
by law with any duty in regard to the collection of that
revenue to do and perform each and every act which shall be
necessary to collect that additional sum. �Penal Code Section
7427(b).]
9)States all money deposited in the fund that has been derived
from premiums or accrued interest on bonds sold shall be
available for transfer to the General Fund as a credit to
expenditures for bond interest. �Penal Code Section 7427(c).]
10)Provides all money deposited in the fund pursuant to any
provision of law requiring repayments to the state that is
financed by the proceeds of the bonds authorized by this
AB 2587
Page 4
chapter shall be available for transfer to the General Fund.
When transferred to the General Fund that money shall be
applied as a reimbursement to the General Fund on account of
the principal of and interest on the bonds which have been
paid from the General Fund. �Penal Code Section 7427(d).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "With the 2011
package of legislation passed last year, county governments
are now responsible for managing and supervising certain felon
offenders who were previously eligible for state prison due to
realignment. The significant reduction in inmate population
in state prisons due to the transfer of the inmates from the
state to county jails leaves a larger population of
higher-security inmates that will require the need for
additional high-security beds.
"Assembly Bill 2587 authorizes the Secretary of CDCR to enter
into a long-term agreement, no longer than 25 years, with the
City of Adelanto to finance and build a state prison facility.
This facility will be fully staffed with CDCR employees and
have the ability to hold up to 3000 high-security inmates. I
believe this measure will help CDCR address the need to find
additional 6500 high-security beds by the year 2015 as the
City of Adelanto is prepared to begin construction upon this
legislation being signed by Governor Brown."
2)On-Going Concerns for Prison Overcrowding : In November 2006,
plaintiffs in two ongoing class action lawsuits-Plata v. Brown
(involving inmate medical care) and Coleman v. Brown
(involving inmate mental health care)-filed motions for the
courts to convene a three-judge panel pursuant to the U.S.
Prison Litigation Reform Act. The plaintiffs argued that
persistent overcrowding in the state's prison system was
preventing the California Department of Corrections and
Rehabilitation (CDCR) from delivering constitutionally
adequate health care to inmates. The three-judge panel
declared that overcrowding in the state's prison system was
the primary reason that CDCR was unable to provide inmates
with constitutionally adequate health care. In January 2010,
the three-judge panel issued its final ruling ordering the
State of California to reduce its prison population by
AB 2587
Page 5
approximately 50,000 inmates in the next two years.
�Coleman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK
JFM P/NO. C01-1351 THE.]
The United State Supreme Court upheld the decision of the
three-judge panel, declaring that "without a reduction in
overcrowding, there will be no efficacious remedy for the
unconstitutional care of the sick and mentally ill" inmates in
California's prisons. �Brown v. Plata (2011) 131 S.Ct. 1910,
1939; 179 L.Ed.2d 969, 999.]
According to a recent report by the Legislative Analyst's
Office, "Based on CDCR's current population projections, it
appears that it will eventually reach the court-imposed
population limit, though not by the June 2013 deadline." �See
Refocusing CDCR After the 2011 Realignment (Feb. 23, 2012)
pp.3
.
] "In particular, the projections show the state missing the
final population limit of no more than 110,000 inmates housed
in state prisons by June 2013. Specifically, the projections
show the state exceeding this limit by about 6,000 inmates.
However, the projections indicate that the state will meet the
court-imposed limit by the end of 2014." (Id. at p. 9.)
"While the state has undergone various changes to reduce
overcrowding prior to the passage of the realignment
legislation-including transferring inmates to out-of-state
contract facilities, construction of new facilities, and
various statutory changes to reduce the prison population-the
realignment of adult offenders is the most significant change
undertaken to reduce overcrowding." (Id. at p. 8.)
3)Prior Legislation : AB 900 (Solorio), Chapter 7, Statutes of
2008, authorized up to 40,000 new state prison beds,
contingent upon significant program enhancements designed to
reduce recidivism. AB 900 also provides CDCR with temporary
authority to house up to 8,000 inmates out-of-state until new
construction is completed and the results of enhanced
anti-recidivism programming impact the inmate population.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 2587
Page 6
None
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744