Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2526

Introduced by Assembly Member Gonzalez

February 21, 2014

An act to amend begin delete Section end delete begin insert Sections end insert 1230 begin insert and 1230.1 end insert of the Penal Code, relating to probation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2526, as amended, Gonzalez. begin delete Criminal recidivism: Community Corrections Performance Incentives Fund. end delete begin insert Community corrections program. end insert

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Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive state moneys to implement a community corrections program consisting of a system of felony probation supervision services to, among other things, manage and reduce offender risk while under felony probation supervision and upon reentry from jail into the community. Existing law requires a community corrections program to be implemented by probation and advised by a local Community Corrections Partnership, consisting of specified members, including, but not limited to, the sheriff and a chief of police. Existing law requires a Community Corrections Partnership to recommend a local plan to the county board of supervisors for the implementation of public safety realignment.

end insert begin insert

This bill would also require a rank-and-file deputy sheriff or a rank-and-file police officer and a rank-and-file probation officer or a deputy probation officer, to be appointed by a local labor organization, to the membership of a Community Corrections Partnership. The bill would require the vote of the rank-and-file deputy sheriff or rank-and-file police officer and a rank-and-file probation officer or deputy probation officer on the local plan.

end insert begin delete

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.

end delete begin delete

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

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

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

SECTION 1.  

Section 1230 of the Penal Code is amended to
read:

1230.  

(a) Each county is hereby authorized to establish in the
county treasury a Community Corrections Performance Incentives
Fund (CCPIF), to receive all amounts allocated to that county for
purposes of implementing this chapter.

(b) Notwithstanding any other law, in a fiscal year for which a
county receives moneys to be expended for the implementation of
this chapter, the moneys, including interest, shall be made available
to the CPO of that county, within 30 days of the deposit of those
moneys into the fund, for the implementation of the community
corrections program authorized by this chapter.

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

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

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

(B) A county supervisor, the chief administrative officer for the
county, or a designee of the board of supervisors.

(C) The district attorney.

(D) The public defender.

(E) The sheriff.

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(F) A rank-and-file deputy sheriff or a rank-and-file police
officer, appointed by the local labor organization.

end insert begin delete

(F)

end delete

begin insert (G) end insert  A chief of police.

begin insert

(H) A rank-and-file probation officer or a deputy probation
officer, appointed by the local labor organization.

end insert begin delete

(G)

end delete

begin insert (I) end insert  The head of the county department of social services.

begin delete

(H)

end delete

begin insert (J) end insert  The head of the county department of mental health.

begin delete

(I)

end delete

begin insert (K) end insert  The head of the county department of employment.

begin delete

(J)

end delete

begin insert (L) end insert  The head of the county alcohol and substance abuse
programs.

begin delete

(K)

end delete

begin insert (M) end insert  The head of the county office of education.

begin delete

(L)

end delete

begin insert (N) end insert  A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.

begin delete

(M)

end delete

begin insert (O) end insert  An individual who represents the interests of victims.

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

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

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

(C) Providing more intensive local supervision.

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

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

(4) Notwithstanding any other law, the CPO shall have discretion
to spend funds on any of the above practices and programs
consistent with this act but, at a minimum, shall devote at least 5
percent of all funding received to evaluate the effectiveness of
those programs and practices implemented with the funds provided
pursuant to this chapter. A CPO may petition the Administrative
Office of the Courts to have this restriction waived, and the
Administrative Office of the Courts shall have the authority to
grant that petition, if the CPO can demonstrate that the department
is already devoting sufficient funds to the evaluation of these
programs and practices.

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

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begin insert SEC. 2. end insert   

end insert

begin insert Section 1230.1 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1230.1.  

(a) Each county local Community Corrections
Partnership established pursuant to subdivision (b) of Section 1230
shall recommend a local plan to the county board of supervisors
for the implementation of the 2011 public safety realignment.

(b) The plan shall be voted on by an executive committee of
each county’s Community Corrections Partnership consisting of
the chief probation officer of the county as chair, a chief of police,
the sheriff, begin insert a rank-and file deputy sheriff or rank-and-file police
officer, end insert the begin delete District Attorney, the Public Defender end delete begin insert district attorney,
the public defender end insert , the presiding judge of the superior court, or
his or her designee, begin insert a rank-and-file probation officer or a deputy
probation officer, end insert and one department representative listed in either
subparagraph begin delete (G), (H), or (J) end delete begin insert (I), (J), or (L) end insert of paragraph (2) of
subdivision (b) of Section 1230, as designated by the county board
of supervisors for purposes related to the development and
presentation of the plan.

(c) The plan shall be deemed accepted by the county board of
supervisors unless the board rejects the plan by a vote of four-fifths
of the board, in which case the plan goes back to the Community
Corrections Partnership for further consideration.

(d) Consistent with local needs and resources, the plan may
include recommendations to maximize the effective investment
of criminal justice resources in evidence-based correctional
sanctions and programs, including, but not limited to, day reporting
centers, drug courts, residential multiservice centers, mental health
treatment programs, electronic and GPS monitoring programs,
victim restitution programs, counseling programs, community
service programs, educational programs, and work training
programs.