BILL ANALYSIS �
AB 2526
Page 1
ASSEMBLY THIRD READING
AB 2526 (Gonzalez)
As Amended March 20, 2014
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Hagman, Jones-Sawyer, |
| |Quirk, Skinner, Stone, |
| |Waldron |
| | |
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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, be 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.
2)States that the community corrections program shall be
developed and implemented by probation and advised by a local
CCP.
3)Provides that the local CCP shall be chaired by the chief
probation officer (CPO) and comprised of the following
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membership:
a) The presiding judge of the superior court, or his or her
designee;
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.
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,
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restorative justice programs, work furlough programs, and
incarceration in county jail for up to 90 days;
c) Providing more intensive probation supervision;
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.
5)Mandates each probation department receiving realignment funds
to maintain a complete and accurate accounting of all funds
received.
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.
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.
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.
9)States that the Board of State and Community Corrections
(BSCC), commencing July 1, 2012, shall be composed of 12
members, as follows:
a) The Chair of the BSCC, who shall be the Secretary of the
Department of Corrections and Rehabilitation;
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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
Senate confirmation.
10)Provides term expiration dates for members of the BSCC, as
follows: the terms of three members appointed by the Governor
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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.
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Pursuant to AB 109 [(Budget
Committee), Chapter 15, Statutes of 2011], 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
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
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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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003199