BILL ANALYSIS �
SB 1021
Page 1
SENATE THIRD READING
SB 1021 (Budget and Fiscal Review Committee)
As Amended June 25, 2012
Majority vote. Budget Bill Appropriation Takes Effect Immediately
SENATE VOTE :Vote not relevant
SUMMARY : Makes necessary statutory and technical changes to
implement changes to the Budget Act of 2012 relating to Public
Safety. Specifically, this bill :
1)Removes fee sunsets, increases fees, and creates several new court
fees generating revenues of about $166 million ($110 million from
removing sunsets and $56 million in fee increases and new fees) as
follows:
a) Eliminates sunsets on court fee increases imposed by SB 857
(Budget and Fiscal Review Committee), Chapter 720, Statutes of
2010, resulting in continued revenue of about $110 million per
year. The affected fees are:
i) criminal conviction fee;
ii) summary judgment motion fee;
iii) pro hac vice fee;
iv) court operations assessment (previously the security
fee);
v) telephone appearance fee; and,
vi) various other filing fees, as specified.
b) Increases court fees as follows: increase the complex case
fee from $550 to $1,000, generating about $7.1 million in new
revenue yearly; increases the motion fee from $40 to $60,
generating about $8.3 million per year; increases the new first
paper filing fee from $395 to $435, generating about $21
million; increases appellate first filing fees by 20%,
generating about $1 million.
c) Makes the jury deposit fee nonrefundable, generating about
$12 million per year; implements a new will deposit fee of $50,
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generating about $2 million; implements a new $30 court
reporting fee for court reporter services under an hour,
generating about $5 million.
1)Prohibits spending on the Court Case Management System without
legislative approval.
2)Requires negotiation prior to changing court transcription fees.
3)Specifies that prior to June 30, 2014, a trial court may carry
over all unexpended funds from the courts operating budget from
prior fiscal years.
4)Specifies commencing June 30, 2014, a trial court may only carry
over unexpended funds in an amount not to exceed 1% of the courts
operating budget from the prior year.
5)Identifies the State Trial Court Improvement and Modernization
Fund is the successor fund of the Trial Court Improvement Fund and
the Judicial Administration Efficiency and Modernization Fund.
6)Makes technical changes to ensure correct position titles are in
code.
7)Declares surplus and authorizes the sale or lease of the Southern
Youth Correctional Reception Center and Clinic to the County of
Los Angeles.
8)Specifies that a retired annuitant may not be paid more than the
monthly maximum paid to other staff doing similar work and
restricts the hours a retired annuitant can work yearly to 960
regardless to the number of employers.
9)Makes numerous changes to allow each county to independently
negotiate court security agreements with the local sheriff.
10)Expands the existing Alternative Custody Program to include all
women inmates and narrows exclusions to only take into account
current convictions.
11)Amends the Community Corrections Performance Incentive Act to
require expanded reporting and focus on probation failures
resulting in a prison terms, rather than jail, as a means to
allocate funding. The amendments also increase the minimum grant
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from $100,000 to $200,000.
12)Codifies existing Medi-Cal reimbursement process related to the
medical parole program.
13)Expands the Integrated Services for Mentally Ill Parolees program
to add a focus on housing, parole outpatient clinics, and bridge
services for parolees as they transition off parole.
14)Codifies the existing California Department of Corrections and
Rehabilitation (CDCR) policy to prescribe generic drugs as a first
option and clarifies that an exemption may be carried out by the
prescribing doctor.
15)Specifies CDCR reporting requirements for fiscal and performance
benchmarks relating to the CDCR's Future of Corrections Plan.
16)Specifies that the Office of the Inspector General shall conduct
oversight and inspections to assess reforms at CDCR relating to
inmate participation in programs, staffing, inmate classification,
prison gang management, and the comprehensive housing plan.
17)Specifies data collection and reporting requirements relating to
the Public Safety Realignment.
18)Reduces the maximum age of jurisdiction for youths committed to
the Division of Juvenile Justice from 25 to 23.
19)Sunsets Division of Juvenile Justice Parole on January 1, 2013,
instead of January 1, 2014.
20)Requires counties to pay the state $24,000 per year to house a
youth in a Division of Juvenile Justice facility on all future
commitments.
21)Authorizes counties to enter into agreements with other counties
for the purpose of housing any adult offenders serving a term in a
county jail. The expanded authority sunsets on July 1, 2015.
22)Eliminates the use of time-adds as a disciplinary tool in
Division of Juvenile Justice facilities.
23)Provides that commencing July 1, 2012, the CDCR will no longer
accept commitments under the Civil Addicts Program and sunsets the
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program on April 1, 2014.
24)Contains an appropriation allowing this bill to take effect
immediately upon enactment.
Analysis Prepared by : Marvin Deon / BUDGET / (916) 319-2099
FN: 0004197