California Legislature—2013–14 Regular Session

Assembly BillNo. 2526


Introduced by Assembly Member Gonzalez

February 21, 2014


An act to amend Section 1230 of the Penal Code, relating to probation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2526, as introduced, Gonzalez. Criminal recidivism: Community Corrections Performance Incentives Fund.

Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund (CCPIF) and authorizes the state to annually allocate money into the State Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 1230 of the Penal Code is amended to
2read:

3

1230.  

(a) Each county is hereby authorized to establish inbegin delete eachend delete
4begin insert theend insert county treasury a Community Corrections Performance
5Incentives Fund (CCPIF), to receive all amounts allocated to that
6county for purposes of implementing this chapter.

P2    1(b) Notwithstanding any other law, inbegin delete anyend deletebegin insert aend insert fiscal year for which
2a county receives moneys to be expended for the implementation
3of this chapter, the moneys, includingbegin delete anyend delete interest, shall be made
4available to the CPO of that county, within 30 days of the deposit
5of those moneys into the fund, for the implementation of the
6community corrections program authorized by this chapter.

7(1) The community corrections program shall be developed and
8implemented by probation and advised by a local Community
9Corrections Partnership.

10(2) The local Community Corrections Partnership shall be
11chaired by the CPO and comprised of the following membership:

12(A) The presiding judge of the superior court, or his or her
13designee.

14(B) A county supervisorbegin delete orend deletebegin insert,end insert the chief administrative officer for
15the countybegin insert,end insert or a designee of the board of supervisors.

16(C) The district attorney.

17(D) The public defender.

18(E) The sheriff.

19(F) A chief of police.

20(G) The head of the county department of social services.

21(H) The head of the county department of mental health.

22(I) The head of the county department of employment.

23(J) The head of the county alcohol and substance abuse
24programs.

25(K) The head of the county office of education.

26(L) A representative from a community-based organization with
27experience in successfully providing rehabilitative services to
28persons who have been convicted of a criminal offense.

29(M) An individual who represents the interests of victims.

30(3) Funds allocated to probation pursuant to this act shall be
31used to provide supervision and rehabilitative services for adult
32felony offenders subject to local supervision, and shall be spent
33on evidence-based community corrections practices and programs,
34as defined in subdivision (d) of Section 1229, which may include,
35but are not limited to, the following:

36(A) Implementing and expanding evidence-based risk and needs
37assessments.

38(B) Implementing and expanding intermediate sanctions that
39include, but are not limited to, electronic monitoring, mandatory
40community service, home detention, day reporting, restorative
P3    1justice programs, work furlough programs, and incarceration in
2county jail for up to 90 days.

3(C) Providing more intensive local supervision.

4(D) Expanding the availability of evidence-based rehabilitation
5programsbegin insert,end insert including, but not limited to, drug and alcohol treatment,
6mental health treatment, anger management, cognitive behavior
7programs, and job training and employment services.

8(E) Evaluating the effectiveness of rehabilitation and supervision
9programs and ensuring program fidelity.

10(4) Notwithstanding any other law, the CPO shall have discretion
11to spend funds on any of the above practices and programs
12consistent with this act but, at a minimum, shall devote at least 5
13percent of all funding received to evaluate the effectiveness of
14those programs and practices implemented with the funds provided
15pursuant to this chapter. A CPO may petition the Administrative
16Office of the Courts to have this restriction waived, and the
17Administrative Office of the Courts shall have the authority to
18grantbegin delete such aend deletebegin insert thatend insert petition, if the CPO can demonstrate that the
19department is already devoting sufficient funds to the evaluation
20of these programs and practices.

21(5) Each probation department receiving funds under this chapter
22shall maintain a complete and accurate accounting of all funds
23received pursuant to this chapter.



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