BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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          |SENATE RULES COMMITTEE            |                       AB 1468|
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                                    THIRD READING


          Bill No:  AB 1468
          Author:   Assembly Budget Committee
          Amended:  6/15/14 in Senate
          Vote:     21

           
           SENATE BUDGET AND FISCAL REVIEW COMM.  :  Not available

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Budget Act of 2014:  Public Safety

           SOURCE  :     Author


           DIGEST  :    This bill provides for statutory changes necessary to  
          enact the public safety provisions of the Budget Act of 2014.

           ANALYSIS  :    This bill makes the following statutory changes:

            1. Drug and contraband interdiction  .  Requires that any drug  
             and contraband interdiction efforts on the part of Department  
             of Corrections and Rehabilitation (CDCR) be applied to all  
             individuals in a facility including inmates, department  
             staff, volunteers, and contract employees and that CDCR  
             establish methods to ensure that the searches shall be done  
             randomly and without advance notice.

            2. Case management reentry pilot  .  Establishes a pilot program  
             to provide intensive case management to offenders who have  
             been released on parole and are likely to benefit from  
             assistance designed to avoid homelessness and joblessness and  
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             provide assistance for people with mental illnesses and  
             developmental disabilities.  

            3. Split sentencing  .  Creates a presumption of split  
             sentencing, which requires the courts to provide a period of  
             mandatory supervision for the concluding portion of a  
             sentence, unless the courts find that it is in the best  
             interest of justice not to do so. 

            4. Restoration of competency  . Expands current local restoration  
             of competency programs, funded by the Department of State  
             Hospitals (DSH) to include community-based residential  
             treatment systems. 

            5. Community reentry  .  Includes legislative intent that reentry  
             programs that provide services including transitional  
             housing, medical and mental health services in a community  
             setting have been shown to significantly reduce recidivism  
             and that the establishment of those programs in the community  
             should be done quickly and in the context of a comprehensive  
             long-term development plan. 

            6. Drug felonies  .  Removes the drug felony exclusion from  
             CalWORKs, CalFresh, and General Assistance programs.   
             Requires the California Conservation Corp to develop criteria  
             for drug felon participation. 

           7. Inmate Welfare Fund  .  Allows the Inmate Welfare Fund to be  
             used to finance innovative programming provided by non-profit  
             organizations who have demonstrated success in providing  
             programs dedicated to restorative justice and offender  
             responsibility. 

            8. Proposition 36  .  Allows CDCR to provide services to  
             Proposition 36 offenders who are being released without any  
             type of post-release supervision.

            9. Substance abuse peer counseling  .  Requires that every state  
             prison that provides substance abuse treatment also include  
             as part of that treatment, a peer counseling component that  
             allows inmates to become certified substance abuse  
             counselors. 

            10.Trial court security  .  Establishes a process by which  

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             counties that have increased trial court security costs due  
             to new construction can request a General Fund augmentation. 

            11.Community grants  .  Establishes a grant program through  
             county boards of supervisors for community recidivism  
             reduction and crime prevention providers. 

            12.Los Angeles County jail financing  .  Includes findings and  
             declarations encouraging that the Department of Finance work  
             with the County of Los Angeles to develop ways that the state  
             may assist in addressing the mental health and infrastructure  
             needs of the Los Angeles County jail system.

            13.Alternative Custody Programs (ACP)  .  Authorizes county  
             sheriffs and county directors of corrections to develop  
             alternative custody programs, allowing both men and women to  
             voluntarily participate in an ACP in lieu of being confined  
             in a county jail.  

            14.Juvenile Justice Data Workgroup  .  Establishes the Juvenile  
             Justice Data Working Group within the Board of State and  
             Community Corrections (BSCC) and requires the workgroup to  
             develop a comprehensive plan to coordinate and modernize the  
             juvenile justice data systems and reports that are developed  
             and maintained by state and county agencies.

            15.Mentally Ill Offender Crime Reduction (MIOCR) Grants  .   
             Reestablishes the MIOCR program to provide grants to local  
             communities to support investment in intervention,  
             assessment, and treatment of mentally ill individuals.

            16.Jail construction funding  .  Authorizes $500 million for  
             lease-revenue bond financing for county jail construction  
             projects designed to improve housing with an emphasis on  
             expanding program and treatment space to manage the adult  
             offender population under its jurisdiction.

            17.Patient Management Unit  .  Establishes a Patient Management  
             Unit at the DSH. 

            18.Health and Human Services Agency (HHSA) Office of  
             Investigations  .  Establishes the Office of Investigations and  
             Law Enforcement within HHSA and requires the office to  
             establish uniform protocol, procedures, and policies for the  

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             peace officers employed at developmental centers and state  
             hospitals. 

            19.HHSA Independent Oversight  .  Requires HHSA to develop a  
             proposal, and report to the Legislature by January 10, 2015,  
             on the development of independent oversight and adoption of  
             best practices to effectively address the employee discipline  
             process, use of force, and criminal and major incident  
             investigations.

            20.Funding for Community Corrections Performance Incentive  
             Grants and Realignment Data Collection  .  Specifies that the  
             $1 million appropriation provided in 2013-14 for the  
             Administrative Office of the Courts (AOC) for Community  
             Corrections Performance Incentive Grants and realignment data  
             collection is an on-going, annual appropriation.  In  
             addition, states the intent of the Legislature to expand the  
             program in 2015-16, to include mandatory supervision and  
             post-release community supervision. 

            21.Prison medical beds licensure  .  Converts General Acute Care  
             Hospital and Intermediate Care Facility medical beds to more  
             cost-effective Correction Treatment Center medical beds at  
             California State Prison - Corcoran, California Men's Colony,  
             and California Medical Facility.

            22.Health Care Facility Improvement Program (HCFIP)  .  Allows  
             the use of AB 900 (Solorio, Chapter 7, Statutes of 2007)  
             construction funding for the design and construction of  
             remaining projects in HCFIP.

            23.California Rehabilitation and Oversight Board (CROB)  .   
             Reduces the minimum frequency of the CROB meetings from four  
             times per year to two times.

            24.High control releases  .  Allows CDCR to hold high risk  
             offenders for two additional days in the event that they are  
             scheduled to be released on the Friday before a three-day  
             weekend.

            25.Allocations for law enforcement services account programs -  
             juvenile reentry grant minimums  .  Clarifies that the $15,000  
             per juvenile minimum allocation, provided prior to public  
             safety realignment, is no longer guaranteed because, under  

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             realignment, there is a fixed amount of funding available,  
             based upon dedicated revenues, rather than upon caseload. 

            26.Enhancing Law Enforcement Activities Subaccount  .  Reduces  
             the High Technology Theft Apprehension and Prosecution  
             Program in order to correct an error that causes the funding  
             formula to total to more than 100%.

            27.Felony Disposition Data for Youthful Offender Block Grant  .   
             Requires the Department of Justice to annually provide BSCC  
             the number of juvenile felony court dispositions by county  
             for the previous calendar year.  

            28.SB 1022 (Senate Budget and Fiscal Review Committee, Chapter  
             42, Statutes of 2012) Clean Up  .  Allows counties with awards  
             from multiple lease-revenue bond jail financing programs to  
             enter into leases and agreements with either CDCR or the  
             Board of State and Community Corrections.

            29.Realignment Supplantation References  .  Provides technical  
             clean-up to the statutes that refer to the supplantation of  
             funding for programs that have been realigned to the  
             counties.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes

          The funding related to the changes in this bill is contained in  
          the 2014-15 Budget Act.  This bill also contains a $1 million  
          continuous appropriation to the AOC for data collection related  
          to community corrections performance incentives and public  
          safety realignment.


          JG:k  6/15/14   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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