Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1633

Introduced by Assembly Member Ammiano

February 10, 2014

An act to begin delete amend Section 6027 of end delete begin insert add Section 6027.5 to end insert the Penal Code, relating to criminal law.

LEGISLATIVE COUNSEL’S DIGEST

AB 1633, as amended, Ammiano. The Board of State and Community Corrections.

Existing law establishes the Board of State and Community Corrections and sets forth its powers and duties, including, but not limited to, collecting and maintaining information about correctional policies, practices, capacities, and needs begin insert within the adult and juvenile criminal justice system. Existing law prescribes various penalties for criminal offenses. Existing law generally regulates sentencing, including the consideration of mitigating factors and other criteria for purposes of sentencing end insert .

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This bill would make a technical, nonsubstantive change.

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This bill would require the Board of State and Community Corrections to develop consistent data collection processes and perform analysis with regard to sentencing. The bill would require the board to establish a database for any sentencing-related data that is compiled by the board. The bill would require the board to recommend changes to the state’s sentencing structure to the Governor and the Legislature. The bill would further require the board to publish a sentencing manual for guidance purposes. In implementing these provisions, the bill would require the board to consult with stakeholders and experts, as specified.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 6027.5 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

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begin insert 6027.5. end insert   

(a) The board shall do all of the following:

(1) Develop consistent data collection processes and perform
analysis with regard to sentencing to ensure that the state’s
sentencing structure is based on sound, data-driven, and rational
sentencing policy. The analysis shall include, but not be limited
to, the following: whether and to what extent sentencing disparity
among economic and social classes exists and, if so, the reasons
for the disparity, the correctional costs associated with the
disparity, whether or not state sentencing is comparable to
sentences imposed by other states, if the length of that sentencing
is appropriate, and the rate of rehabilitation based on that
sentencing.

(2) Establish a public database to serve as a clearinghouse for
all sentencing-related data that is compiled by the board.

(3) Issue recommended changes to the state’s sentencing
structure with regard to the data and analysis collected pursuant
to this section. The board shall submit its recommendations to the
Governor and the Legislature with the annual report required
pursuant to paragraph (11) of subdivision (b) of Section 6027.

(4) Publish a sentencing manual to provide guidance to judges,
prosecutors, the defense bar, and the public on how sentencing
works.

(b) In implementing subdivision (a), the board shall select and
consult with the following stakeholders and experts:

(1) A district attorney, selected after conferring with the
California District Attorneys Association.

(2) A public defender, selected after conferring with the
California Public Defenders Association.

(3) A county sheriff, selected after conferring with the California
State Sheriffs’ Association.

(4) A chief probation officer, selected after conferring with the
Chief Probation Officers of California.

(5) A chief of police, selected after conferring with the California
Police Chiefs Association.

(6) A member of the Board of Parole Hearings.

(7) The Chief Justice of the California Supreme Court, or his
or her designee who shall be a justice on the Supreme Court or a
court of appeals.

(8) Two trial court judges, selected after consulting with the
California Judges Association.

(9) A representative from the Administrative Office of the Courts.

(10) Two professors of law, selected after conferring with the
Senate Committee on Rules.

(11) A member of the State Senate, selected after conferring
with the Senate Committee on Rules.

(12) Two academics with experience in criminal justice
research, selected after conferring with the Speaker of the
Assembly.

(13) A member of the State Assembly, selected after conferring
with the Speaker of the Assembly.

(14) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee.

(15) The Attorney General, or his or her designee.

(16) The State Public Defender, or his or her designee.

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SECTION 1.  

Section 6027 of the Penal Code is amended to
read:

6027.  

(a) The Board of State and Community Corrections shall
collect and maintain available information and data about state
and community correctional policies, practices, capacities, and
needs, including, but not limited to, prevention, intervention,
suppression, supervision, and incapacitation, as they relate to both
adult corrections, juvenile justice, and gang problems. The board
shall seek to collect and make publicly available up-to-date data
and information reflecting the impact of state and community
correctional, juvenile justice, and gang-related policies and
practices enacted in the state, as well as information and data
concerning promising and evidence-based practices from other
jurisdictions.

(b) Consistent with subdivision (c) of Section 6024, the board
shall also:

(1) Develop recommendations for the improvement of criminal
justice and delinquency and gang prevention activity throughout
the state.

(2) Identify, promote, and provide technical assistance relating
to evidence-based programs, practices, and promising and
innovative projects consistent with the mission of the board.

(3) Develop definitions of key terms, including, but not limited
to, “recidivism,” “average daily population,” “treatment program
completion rates,” and any other terms deemed relevant in order
to facilitate consistency in local data collection, evaluation, and
implementation of evidence-based practices, promising
evidence-based practices, and evidence-based programs. In
developing these definitions, the board shall consult with the
following stakeholders and experts:

(A) A county supervisor or county administrative officer,
selected after conferring with the California State Association of
Counties.

(B) A county sheriff, selected after conferring with the California
State Sheriffs’ Association.

(C) A chief probation officer, selected after conferring with the
Chief Probation Officers of California.

(D) A district attorney, selected after conferring with the
California District Attorney’s Association.

(E) A public defender, selected after conferring with the
California Public Defenders Association.

(F) The Secretary of the Department of Corrections and
Rehabilitation.

(G) A representative from the Administrative Office of the
Courts.

(H) A representative from a nonpartisan, nonprofit policy
institute with experience and involvement in research and data
relating to California’s criminal justice system.

(I) A representative from a nonprofit agency providing
comprehensive reentry services.

(4) Receive and disburse federal funds, and perform all
necessary and appropriate services in the performance of its duties
as established by federal acts.

(5) Develop comprehensive, unified, and orderly procedures to
ensure that applications for grants are processed fairly, efficiently,
and in a manner consistent with the mission of the board.

(6) Identify delinquency and gang intervention and prevention
grants that have the same or similar program purpose, are allocated
to the same entities, serve the same target populations, and have
the same desired outcomes for the purpose of consolidating grant
funds and programs and moving toward a unified single
delinquency intervention and prevention grant application process
in adherence with all applicable federal guidelines and mandates.

(7) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal justice
and delinquency prevention.

(8) Develop incentives for units of local government to develop
comprehensive regional partnerships whereby adjacent jurisdictions
pool grant funds in order to deliver services to a broader target
population and maximize the impact of state funds at the local
level.

(9) Conduct evaluation studies of the programs and activities
assisted by the federal acts.

(10) Identify and evaluate state, local, and federal gang and
youth violence suppression, intervention, and prevention programs
and strategies, along with funding for those efforts. The board shall
assess and make recommendations for the coordination of the
state’s programs, strategies, and funding that address gang and
youth violence in a manner that maximizes the effectiveness and
coordination of those programs, strategies, and resources. By
January 1, 2014, the board shall develop funding allocation policies
to ensure that within three years no less than 70 percent of funding
for gang and youth violence suppression, intervention, and
prevention programs and strategies is used in programs that utilize
promising and proven evidence-based principles and practices.
The board shall communicate with local agencies and programs
in an effort to promote the best evidence-based principles and
practices for addressing gang and youth violence through
suppression, intervention, and prevention.

(11) The board shall collect from each county the plan submitted
pursuant to Section 1230.1 within two months of adoption by the
county boards of supervisors. Commencing January 1, 2013, and
annually thereafter, the board shall collect and analyze available
data regarding the implementation of the local plans and other
outcome-based measures, as defined by the board in consultation
with the Administrative Office of the Courts, the Chief Probation
Officers of California, and the California State Sheriffs’
Association. By July 1, 2013, and annually thereafter, the board
shall provide to the Governor and the Legislature a report on the
implementation of the plans described above.

(12) Commencing on and after July 1, 2012, the board, in
consultation with the Administrative Office of the Courts, the
California State Association of Counties, the California State
Sheriffs’ Association, and the Chief Probation Officers of
California, shall support the development and implementation of
first phase baseline and ongoing data collection instruments to
reflect the local impact of Chapter 15 of the Statutes of 2011,
specifically related to dispositions for felony offenders and
postrelease community supervision. The board shall make any
data collected pursuant to this paragraph available on the board’s
Internet Web site. It is the intent of the Legislature that the board
promote collaboration and the reduction of duplication of data
collection and reporting efforts where possible.

(c) The board may do either of the following:

(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.

(2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the administrative
office of the state planning agency for distribution of federal grants.

(d) Nothing in this chapter shall be construed to include, in the
provisions set forth in this section, funds already designated to the
Local Revenue Fund 2011 pursuant to Section 30025 of the
Government Code.

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