BILL ANALYSIS
AB 326
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Date of Hearing: March 16, 1999
Chief Counsel: Harry M. Dorfman
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
AB 326 (Leonard) - As Amended: April 5, 1999
SUMMARY : Authorizes the California Department of Corrections
(CDC) to construct and renovate local juvenile and adult
correctional facilities, construct six state prisons and
provides for the submission of a $4.1 billion bond act to the
voters on March 7, 2000. Specifically, this bill :
1)Creates the "State and Local Youth and Adult Offender Drug
Rehabilitation Bond Act of 2000".
2)Creates the "2000 State and Local Youth and Adult Offender
Drug Rehabilitation Bond Finance Committee."
3)Creates three funds: "2000 Local Youth Offender Drug
Rehabilitation Bond Fund" (LYOF), the "2000 Local Adult
Offender Drug Rehabilitation Bond Fund" (LAOF), and the "2000
State Adult Offender Drug Rehabilitation Bond Fund" (SAOF).
4)Provides that $1.9 billion be deposited in the LAOF; $200
million be deposited in the LYOF; and $2 billion in the SAOF.
5)Provides that the money in the LAOF be used for construction,
renovation to increase or maintain capacity, remodeling and
replacement of local facilities for treatment, rehabilitation
and punishment of adult offenders.
6)Provides that moneys in the LYOF be used for construction,
renovation to increase or maintain capacity, remodeling and
replacement of local facilities for treatment, rehabilitation,
and punishment of juvenile offenders; and may be used for
capital improvements, rehabilitation, or renovation performed
by local juvenile community service work crews.
7)Provides that funds be allocated to counties based on the
following criteria:
a) County matching funds of at least 25% are provided. The
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greater the percentage of matching funds that a county
provides, the higher priority the county is given for
allocation of funds.
b) The county, or group of counties acting together, have
developed a plan identifying the continuum of care model
for prevention, intervention, supervision, treatment, and
incarceration of adult offenders. The plan must identify
how the county/counties will maximize all funding sources.
The plan must demonstrate the county has utilized, to the
greatest extent practicable, alternatives to jail
incarceration.
8)Provides that counties that have begun to plan, construct or
renovate facilities after January 1, 1999 but prior to
enactment of this bill, remain eligible to receive state
matching funds.
9)Provides that money in the SAOF be used for construction and
establishment of six new medium security, maximum security,
and medium-maximum security prisons at currently unspecified
locations, and treatment, rehabilitation and punishment of
state adult offenders.
10)Provides that up to $2 million per school district or local
government may be used to mitigate local costs associated with
the impact of a new prison.
EXISTING LAW:
1)Creates the New Prison Construction Bond Act of 1981 which
authorized $495 million for "the construction, renovation,
remodeling, and deferred maintenance of state correctional
facilities." (Penal Code Section 7106.)
2)Creates at the New Prison Construction Bond Act of 1984 which
authorized $300 million for "the construction, renovation,
remodeling, and deferred maintenance of state correctional
facilities." (Penal Code Section 7206.)
3)Creates the New Prison Construction Bond Act of 1986 which
authorized $500 million for the "acquisition, construction,
renovation, remodeling, and deferred maintenance of state
youth and adult corrections facilities." (Penal Code Section
7306.)
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4)Creates the New Prison Construction Bond Act of 1988 which
authorized $817 million for the "acquisition, construction,
renovation, remodeling, and deferred maintenance of state
youth and adult correctional facilities." (Penal Code Section
7406.)
5)Creates the New Prison Construction Bond Act of 1990 which
authorized $450 million for the "acquisition, construction,
renovation, remodeling, and deferred maintenance of state
youth and adult correctional facilities." (Penal Code Section
7426.)
6)Requires the CDC to construct and renovate facilities within
its master plan. (Penal Code Section 7000.)
7)Requires the CDC to report to the Legislature twice a year on
site selection and consideration, the status of each proposed
prison, size of facilities, financing, and how each facility
fits into the CDC's master plan. (Penal Code Section 7003.5.)
8)Requires funds for mitigation of costs sustained by localities
to be divided as follows: one-half for any local education
agency affected, and one-half among any city, county, or city
and county affected. (Penal Code Section 7005.5.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement. According to the author, "With the
passage of 'Three Strikes' and the enactment of over 250 new
sentencing laws in the last four years, the public and the
Legislature have shown a strong commitment to public safety by
incarcerating violent felons for longer periods of time.
However, the unwillingness to finance the prisons needed to
accommodate the increase in prisoners, threatens our ability
to provide increased public safety.
"The CDC estimates that by June 30, 2001 California will be
responsible for the incarceration of over 172,000 felons.
Without authorization for new prisons, prison capacity will be
exhausted in 2002.
"Allowing prison capacity to be exhausted could subject
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California to intervention by the Federal Courts which have
the authority and willingness to order the early release of
prisoners to alleviate institutional overcrowding. It is
irresponsible to allow the early release of violent prisoners.
As a member of the Legislature I feel it is necessary to
avoid this release of dangerous felons while at the same time
being cognizant of the financial interests of California
taxpayers. AB 326 achieves this objective."
2)Does Projected Prison Population Growth Require Six New
Prisons? The CDC has projected prison housing needs for the
next five years based on Spring 1999 population projections.
By June 2001, CDC will have a maximum rated capacity of
approximately 176,000 beds. By June 30, 2002, CDC estimates
that prison population will exceed the maximum-rated capacity.
By June 2004, CDC estimates the prisons will be short 18, 700
beds. If a standard medium/maximum security prison at rated
capacity consists of 4,200 beds, the projected growth could be
handled by 4.45 prisons, rather than six. At the same time,
it is important to ask whether a slow growth trend in violent
crimes, or a reduction in violent crimes, reduces the need for
new prison construction.
3)Should this Bill Specify a Target Percentage of Funds
Committed to Treatment and Rehabilitation? This bill contains
a list of issues and problems the LAOF and LYOF will address:
rehabilitative treatment and penalties; treatment of offenders
with substance abuse and mental disorders; community service
for local offenders where appropriate; supervision in secure
and non-secure settings; and alternatives to incarceration
when legally possible. This bill requests counties to create
a continuum of care plan to demonstrate how each county will
maximize the available funds and resources. Currently, this
bill is silent regarding any percentage of funds that must or
should be allocated for these concerns, as opposed to
construction or renovation of buildings.
REGISTERED SUPPORT / OPPOSITION :
Support
California Peace Officers' Association
California Police Chiefs' Association
California State Association of Counties
California State Sheriffs' Association
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San Bernardino County Sheriff's Department
Opposition
California Attorneys for Criminal Justice
One Private Citizen
Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744