BILL ANALYSIS �
AB 2526
Page 1
Date of Hearing: April 22, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2526 (Gonzalez) - As Amended: March 20, 2014
SUMMARY : Requires that 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, appointed by a local
labor organization, to the membership of each local Community
Corrections Partnership (CCP). Specifically, this bill :
1)Adds 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, appointed by a local labor organization, to
the membership of each local CCP.
2)Adds 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 the executive committee of the CCP which
votes on, and recommends a local plan to the county board of
supervisors for the implementation of public safety
realignment.
EXISTING LAW :
1)Authorizes each county to establish in each county treasury a
Community Corrections Performance Incentives Fund (CCPIF), to
receive all amounts allocated to that county for purposes of
implementing a community corrections program. (Pen. Code, �
1230, subd. (a).)
2)States that the community corrections program shall be
developed and implemented by probation and advised by a local
CCP. (Pen. Code, � 1230, subd. (b)(1).)
3)Provides that the local CCP 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;
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b) A county supervisor or 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;
f) A chief of police;
g) The head of the county department of social services;
h) The head of the county department of mental health;
i) The head of the county department of employment;
j) The head of the county office of education;
aa) A representative from a community-based organization
with experience in successfully providing rehabilitative
services to persons who have been convicted of a criminal
offense; and
bb) An individual who represents the interests of victims.
(Pen. Code, � 1230, subd. (b)(2).)
4)States that funds allocated to probation for purposes of
realignment shall be used to provide supervision and
rehabilitative services for adult felony offenders subject to
probation, and shall be spent on evidence-based community
corrections practices and programs, as defined, which may
include, but are not limited to, the following:
a) Implementing and expanding evidence-based risk and needs
assessment;
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 probation supervision;
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d) Expanding the availability of evidence-based
rehabilitative programs, including, but not limited to,
drug and alcohol treatment, mental health treatment, anger
management, cognitive behavior programs, and job training
and employment services; and
e) Evaluating the effectiveness of rehabilitation and
supervision programs and ensuring program fidelity. (Pen.
Code, � 1230, subd. (b)(3).)
5)Mandates each probation department receiving realignment funds
to maintain a complete and accurate accounting of all funds
received. (Pen. Code, � 1230, subd. (b)(5).)
6)Mandates each county local CCP to recommend a local plan to
the county board of supervisors for the implementation of the
2011 public safety realignment. (Pen. Code. � 1230.1, subd.
(a).)
7)States that the local plan shall be voted on by an executive
committee of each county's CCP consisting of a chief probation
officer of the county as chair, a chief of police, the
sheriff, the District Attorney, the Public Defender, the
presiding judge of the superior court, or his or her designee,
and one department representative from either the county
department of social services, the county department of mental
health, or the county alcohol and substance abuse programs, as
designated by the county board of supervisors. (Pen. Code, �
1230.1, subd. (b).)
8)Provides that the local 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 CCP for further consideration. (Pen. Code, �
1230.1, subd. (c).)
9)States that the BSCC, commencing July 1, 2012, shall be
composed of 12 members, as follows:
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a) The Chair of the Board of State and Community
Corrections, who shall be the Secretary of the Department
of Corrections and Rehabilitation;
b) The Director of the Division of Adult Parole Operations
for the Department of Corrections and Rehabilitation;
c) A county sheriff in charge of a local detention facility
which has a Corrections Standards Authority rated capacity
of 200 or less inmates, appointed by the Governor, subject
to Senate confirmation;
d) A county sheriff in charge of a local detention facility
which has a Corrections Standards Authority rated capacity
of over 200 inmates, appointed by the Governor, subject to
Senate confirmation;
e) A county supervisor or county administrative officer.
This member shall be appointed by the Governor, subject to
Senate confirmation;
f) A chief probation officer from a county with a
population over 200,000, appointed by the Governor, subject
to Senate confirmation;
g) A chief probation officer from a county with a
population under 200,000, appointed by the Governor,
subject to Senate confirmation;
h) A judge appointed by the Judicial Council of California;
i) A chief of police, appointed by the Governor, subject to
Senate confirmation;
j) A community provider of rehabilitative treatment or
services for adult offenders, appointed by the Speaker of
the Assembly;
aa) A community provider or advocate with expertise in
effective programs, policies, and treatment of at-risk
youth and juvenile offenders, appointed by the Senate
Committee on Rules; and
bb) A public member, appointed by the Governor, subject to
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Senate confirmation. (Operative July 1, 2012.) (Pen.
Code, � 6025, subd. (a).)
10)Provides term expiration dates for members of the BSCC, as
follows: the terms of three members appointed by the Governor
shall expire on July 1, 2014, and four shall expire on July 1,
2015, as specified by the Governor. The term of the member
appointed by the Senate Committee on Rules shall expire on
July 1, 2014. The term of the member appointed by the Speaker
of the Assembly shall expire on July 1, 2015. The term of the
member appointed by the Judicial Council shall expire on July
1, 2015. Successor members shall hold office for terms of
three years, each term to commence on the expiration date of
the predecessor. Members are eligible for reappointment.
(Operative July 1, 2012.) (Pen. Code, � 6025, subd. (b).)
11)States that it shall be the duty of the BSCC to 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 was well as information and data concerning
promising and evidence-based practices from other
jurisdiction. (Operative July 1, 2012.) (Pen. Code, � 6027,
subd. (a).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Pursuant to AB
109, rank-and-file probation officers have been charged with
implementation of the Governor's Public Safety Realignment
plan. As a result, caseloads for probation officers have
exploded and the job has become more and more dangerous every
day.
"Existing law authorizes each county in California to establish
a CCPIF to receive state moneys to implement a community
corrections program. The community corrections program must be
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advised by a local CCP, consisting of specified members,
including, but not limited to, the Sheriff and the heads of
various County social services programs. The CCP must also
recommend a local plan to the County Board of Supervisors for
the implementation of public safety realignment. This
committee is charged with implementation of realignment,
both, in terms of policy determinations and allocation of
funds. However, the individuals in charge of delivering the
bulk of the services do not have a say on these committees.
"AB 2526 would aid in the success of realignment by adding the
voice of rank-and-file deputy sheriff or police officers and a
rank-and-file probation officers to the membership of each
county's CCP and their executive committees."
2)Membership of the CCP : Currently, a local CCP has 13 members
and is chaired by the Chief Probation Officer (CPO). The
sheriff and a chief of police represent law enforcement on the
CCP. This bill would add 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, appointed by labor
organizations, to the membership of the CCP. Additionally,
this bill adds 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 the executive
committee of the CCP which votes on, and recommends a local
plan to the county board of supervisors for the implementation
of public safety realignment. The goal of each local CCP is to
determine how to best implement the 2011 Public Safety
Realignment. In order to adequately represent all of the
stakeholders, it is important to keep a balance of interests
on the CCP's. Considering the current membership of the CCP's,
is there a need to add more members to these boards who
represent law enforcement and probation?
3)Governor's Veto Message of AB 2031 of 2012 Legislative
Session : AB 2031 (Fuentes) of the 2011 Legislative Session
was almost identical to this bill in that it added a
rank-and-file deputy sheriff, and a rank-and-file probation
officer or deputy probation officer to the membership of the
BSCC, and a CCP. It, also, gave the rank-and-file probation
officer, or deputy probation officer a vote on the executive
committee of a CCP. AB 2031 was vetoed by the Governor. The
Governor stated in his veto message, "The membership of the
Board and the local Partnerships is something I carefully
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considered and crafted as part of my realignment proposal. To
date, I have not seen credible evidence that would convince me
to change the original design. If after a reasonable period
of time, it becomes clear that the absence of rank and file
members is a problem, I will be glad to reconsider."
4)Argument in Support : The American Federation of State, County
and Municipal Employees state, "Currently, each county is
authorized to establish a Community Corrections Performance
Incentives Fund to receive the state's financial backing for
the inception of a CCP that would be advised by a local
partnership of members, including the Sheriff and the heads of
various social services programs. Often excluded from the
community corrections programs and their executive committees,
however, are rank and file probation officers, police
officers, and deputy sheriffs.
"AB 2526 would add rank and file probation officers, police
officers, and deputy sheriffs to membership of each county's
CCP and their executive committees. The personnel that
deliver the bulk of services required for the implementation
ought to be represented and have a voice on these committees.'
5)Argument in Opposition : The California State Association of
Counties believes, "The work to ensure successful realignment
of correctional responsibilities remains in its relative early
stages. Given the breadth and magnitude of this shift, we
remain concerned that it is premature to change the underlying
statutory construct that supports the realignment planning
implementation process. We also fear that if the Legislature
sees fit to expand the composition of the CCP and its
executive committee, it would be merely the first in a line of
changes that would result, regrettably, in making these bodies
too large and unwieldy. As it is stands now, the composition
of these bodies - particularly the CCP executive committee -
has been controversial and delicate. In the context of
realignment, we would all benefit from having more
experiential and programmatic data about how things are
actually working at the local level before making hasty and,
in our view, unjustified changes.
6)Prior Legislation : AB 2031 (Fuentes) of the 2012 Legislative
Session added a rank-and-file deputy sheriff, and a
rank-and-file probation officer or deputy probation officer to
the membership of the BSCC, and a CCP. AB 2031 was vetoed by
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the Governor.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees
Stanislaus County Deputy Probation Officers Association
Fraternal Order of Police, N. California Probation, Lodge #19
Sacramento County Probation Association
Ventura County Professional Peace Officers Association
San Joaquin County Probation Officers Association
San Luis Obispo County Probation officers Association
San Diego County Probation Officers Association
Santa Cruz County Probation Officers Association
Kern County Probation Officers Association
Riverside Sheriffs' Association
Los Angeles Probation Officers Union
State Coalition of Probation Organizations
Association of Probation Supervisors
Probation Peace Officers of Contra Costa County
Peace Officers Research Association
California Teamsters Public Affairs Council
Inyo County Probation Peace Officers Association
Yolo County probation Association, Inc.
Teamsters Local Union No. 856
Madera County Probation Peace Officers Association
Opposition
American Civil Liberties Union
California Public Defenders Association
California Attorneys for Criminal Justice
California State Sheriffs Association
California State Association of Counties
Urban Counties Caucus
Rural County Representatives of California
California Probation, Parole and Correctional Association
Chief Probation Officers of California
Ventura County Board of Supervisors
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
AB 2526
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