BILL NUMBER: SB 1936 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 7, 2000
AMENDED IN SENATE MAY 3, 2000
INTRODUCED BY Senators Schiff and Poochigian
(Principal coauthor: Assembly Member Machado)
(Coauthors: Senators McPherson, Polanco, and Rainey)
FEBRUARY 24, 2000
An act to amend Sections 30061, 30062, 30063, and 30064.1 of the
Government Code, relating to law enforcement, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1936, as amended, Schiff. Supplemental local law enforcement
funding.
(1) Existing law establishes in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF) and requires that
moneys from this fund be allocated to counties and cities located
within a county in accordance with specified requirements for, among
other things, front line law enforcement services.
This bill would revise the requirements for an allocation to a
county that includes a newly incorporated city, as specified, would
designate specific allocations for district attorneys, county
sheriffs, and city police chiefs, and would require that funds be
expended no later than June 30 of the following fiscal year.
The bill would also allocate 50% of SLESF moneys to counties and
cities and counties to develop and implement a comprehensive
multiagency plan that provides a continuum of responses to juvenile
crime and delinquency and would require that the plan be developed by
the local Juvenile Justice Coordinating Council in each county and
city and county.
(2) Existing law requires the county auditor and the city
treasurer to file a written, public report with the Supplemental Law
Enforcement Oversight Committee (SLEOC) on or before the date of the
duly noticed public hearing held in September in each year for the
purpose of considering requests for money from the fund. A summary
of these annual reports is required to be submitted by the SLEOC to
the Controller on or before October 15, 1998, and each year
thereafter.
This bill instead would require that the written, public report be
filed with the SLEOC at least 30 days prior to the date of the duly
noticed public hearing and that the summary be submitted to the
Controller on or before August 15, 2001, and each year thereafter.
The bill would also require a county, a city, or a city and county
that fails to submit the required data or expend the SLESF moneys to
forfeit its allocation, as specified, and would authorize a local law
enforcement agency to submit the required data to the Controller if
the SLEOC fails to do so pursuant to these provisions.
(3) This bill would also require each local Juvenile Justice
Coordinating Council, beginning August 15, 2003, to report annually
to the county board of supervisors and the State Board of
Corrections, in a format specified by the board, on the effectiveness
of SLESF programs. The bill would require the State Board of
Corrections to compile the local reports and, beginning March 1,
2004, to make an annual report to the Legislature on the statewide
effectiveness of the comprehensive multiagency local action plans.
(4) The bill would appropriate $242,600,000 from the General Fund
to the Controller for allocation to cities and counties and local law
enforcement jurisdictions pursuant to the bill.
(5) Existing law provides that these provisions governing
supplemental local law enforcement funding shall become inoperative
on July 1, 2000, and are repealed as of January 1, 2001.
This bill would extend the operation of these provisions to July
1, 2002 2004 , and would repeal them as
of January 1, 2003 2005 .
(4)
(6) The bill would declare that it is to take effect
immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30061 of the Government Code is amended to
read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives money to be
expended for the implementation of this chapter, the county auditor
shall allocate moneys in the county's Supplemental Law Enforcement
Services Fund (SLESF), including any interest or other return earned
on the investment of those moneys, within 30 days of the deposit of
those moneys into the fund, and shall allocate those moneys in
accordance with the following requirements:
(1) Twelve and one-half Six and
one-quarter percent to the county sheriff for county jail
construction and operation. In the case of Madera, Napa, and Santa
Clara Counties, this allocation shall be made to the county director
or chief of corrections.
(2) Twelve and one-half Six and
one-quarter percent to the district attorney for criminal
prosecution.
(3) Seventy-five Thirty-seven and one-half
percent to the county and the cities within the county, and,
in the case of the San Mateo, Kern, Siskiyou, and Contra Costa
Counties, also to the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District, in
accordance with the relative population of the cities within the
county and the unincorporated area of the county, and the Broadmoor
Police Protection District in the County of San Mateo, the Bear
Valley Community Services District and the Stallion Springs Community
Services District in Kern County, the Lake Shastina Community
Services District in Siskiyou County, and the Kensington Police
Protection and Community Services District in Contra Costa County, as
specified in the most recent January estimate by the population
research unit of the Department of Finance. For a newly incorporated
city whose population estimate is not published by the Department of
Finance but which was incorporated prior to July 1 of the fiscal
year in which an allocation from the SLESF is to be made, the city
manager, or an appointee of the legislative body, if a city manager
is not available, and the county administrative or executive officer
shall prepare a joint notification to the Department of Finance and
the county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESF is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. Moneys allocated to the county pursuant to this
subdivision shall be retained in the county SLESF, and moneys
allocated to a city pursuant to this subdivision shall be deposited
in a SLESF established in the city treasury.
(4) Fifty percent to the county or city and county to develop and
implement a comprehensive multiagency plan that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders. This plan shall be developed by the
local Juvenile Justice Coordinating Council in each county and city
and county pursuant to Section 749.22 of the Welfare and Institutions
Code, and in the case of a city and county, the plan shall also be
approved by the mayor.
(A) The SLESF shall only allocate funding pursuant to this
paragraph upon the submission by the Juvenile Justice Coordinating
Council of a local action plan to the county board of supervisors and
the State Board of Corrections.
(B) The local action plan shall identify ways for improving and
marshaling existing resources to reduce the incidence of juvenile
crime and delinquency in priority areas and the greater community.
The plan shall also maximize the provision of collaborative and
integrated services and shall specify strategies for all elements of
response, including, but not limited to, prevention, intervention,
suppression, and incapacitation to provide a continuum for addressing
the identified juvenile crime problem. The plan shall also identify
outcome measures to help determine the effectiveness of the program
which shall include, but not be limited to, the following:
(1) The rate of juvenile arrests per 100,000 of population.
(2) The rate of successful completion of probation.
(3) The rate of successful completion of restitution and
court-ordered community service responsibilities.
(c) Subject to subdivision (d), for each fiscal year in which the
county and each city, and the Broadmoor Police Protection District,
the Bear Valley Community Services District, the Stallion Springs
Community Services District, the Lake Shastina Community Services
District, and the Kensington Police Protection and Community Services
District, receive moneys pursuant to paragraph (3) of subdivision
(b), the county, each city, and each district specified in this
subdivision shall appropriate those moneys in accordance with the
following procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide front line law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in
the unincorporated areas of the county, in response to written
requests submitted to the board by the county sheriff and the
district attorney. Any request submitted pursuant to this paragraph
shall specify the front line law enforcement needs of the requesting
entity, and those personnel, equipment, and programs that are
necessary to meet those needs. The board shall, at a public hearing
held in September in each year that the Legislature appropriates
funds for purposes of this chapter, consider and determine each
submitted request within 60 days of receipt, pursuant to the decision
of a majority of a quorum present. The board shall consider these
written requests separate and apart from the process applicable to
proposed allocations of the county general fund.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund front line
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be acted upon
by the city council in the same manner as specified in paragraph (1)
for county appropriations.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund front line municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district. These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) Funds received pursuant to subdivision (b) shall be expended
in accordance with the provisions of this chapter no later than June
30 of the following fiscal year. A local agency that has not met
this requirement shall remit unspent SLESF moneys to the Controller
for deposit into the General Fund.
(f) In the event that a county, a city, a city and county, or a
qualifying special district does not comply with the requirements of
this chapter to receive an SLESF allocation, the Controller shall
revert those funds to the General Fund.
SEC. 2. Section 30062 of the Government Code is amended to read:
30062. (a) Except as required by paragraphs (1) and (2)
, (2), and (4) of subdivision (b) of Section
30061, moneys allocated from a Supplemental Law Enforcement Services
Fund (SLESF) to a recipient entity shall be expended exclusively to
provide front line law enforcement services. These moneys shall
supplement existing services, and shall not be used to supplant any
existing funding for law enforcement services provided by that
entity.
(b) In the Counties of Los Angeles, Orange, and San Diego only,
the district attorney may, in consultation with city attorneys in the
county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city
attorneys in the county in each fiscal year to fund the prosecution
by those city attorneys of misdemeanor violations of state law.
(c) In no event shall any moneys allocated from the county's SLESF
be expended by a recipient agency to fund either of the following:
(1) Administrative overhead costs in excess of 0.5 percent of a
recipient entity's SLESF allocation for that year.
(2) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (3) of subdivision
(b) of Section 30061 that does not directly support front line law
enforcement services.
(d) For purposes of subdivision (c), both of the following shall
apply:
(1) A "recipient agency" or "recipient entity" is that entity that
actually incurs the expenditures of SLESF funds allocated pursuant
to paragraph (1), (2), or (3) (3), or (4)
of subdivision (b) of Section 30061.
(2) Administrative overhead costs shall only be charged by the
recipient entity, as defined in paragraph (1), up to 0.5 percent of
its SLESF allocation.
(e) For purposes of this chapter, "front line law enforcement
services" and "front line municipal police services" each include
antigang and, community crime, and juvenile justice prevention
programs.
SEC. 3. Section 30063 of the Government Code is amended to read:
30063. (a) The Supplemental Law Enforcement Services Fund (SLESF)
in each county or city is to be expended exclusively as required by
this chapter. Moneys in that fund shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city
treasury, except that moneys may be transferred from the SLESF to
the county's or city's general fund to the extent necessary to
facilitate the appropriation and expenditure of those transferred
moneys in the manner required by this chapter.
(b) Moneys in a SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys. The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
(c) Each year, at least 30 days prior to the date of the duly
noticed public hearing required pursuant to paragraph (1) of
subdivision (c) of Section 30061, the county auditor and city
treasurer shall detail and summarize allocations from the county's or
city's SLESF, as applicable, in a written, public report filed with
the Supplemental Law Enforcement Oversight Committee (SLEOC), the
county board of supervisors or city council, as applicable, for the
entirety of the immediately preceding fiscal year, and the county
sheriff or police chief, as applicable.
(d) A summary of the annual reports required in subdivision (c)
shall be submitted in a standardized format to be developed by the
Controller, in conjunction with the California District Attorney's
Association, California Police Chief's Association, California State
Sheriff's Association, California Peace Officer's Association,
California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before
August 15, 2001, and each year thereafter. The Controller shall
make a copy of the summarized reports available to the Governor, the
Legislature, and the Legislative Analyst's office.
(e) By March 1 of each year, the Legislative Analyst's office
shall report to the Legislature on the types of expenditures made by
local law enforcement agencies in the previous fiscal year pursuant
to this chapter, and, to the extent feasible, on the effects of those
expenditures on law enforcement and public safety.
(f) A county, a city, or a city and county that fails to submit
the data required pursuant to subdivision (d) or fails to expend the
SLESF moneys provided by the date specified in subdivision (e) of
Section 30061 shall forfeit its allocation provided pursuant to
Section 30061 for the subsequent fiscal year. The Controller shall
reduce the affected county's allocation by the appropriate amount and
shall identify the county, city, or city and county and the
corresponding amount reduced for the affected local agency. Funds
not allocated pursuant to this subdivision shall revert to the
General Fund.
(g) Notwithstanding subdivision (f), if the Supplemental Law
Enforcement Oversight Committee (SLEOC) fails to transmit the data to
the Controller required pursuant to subdivision (d), the local law
enforcement agency may submit its expenditure data directly to the
Controller no later than 15 days after the date specified in
subdivision (d). If the local law enforcement agency has complied
with other requirements in this chapter, it shall be eligible for an
allocation the subsequent fiscal year. However, the Controller shall
reduce the SLESF allocation to the sheriff and district attorney and
the cities represented in the SLEOC, and shall reduce the allocation
to all the local law enforcement agencies that failed to provide the
expenditure data within the 15 days. Funds not allocated pursuant
to this subdivision shall revert to the General Fund.
(h) In addition to the report specified in subdivision (c), each
local Juvenile Justice Coordinating Council shall, beginning August
15, 2003, and annually thereafter, report to the county board of
supervisors and the State Board of Corrections, in a format specified
by the board, on the effectiveness of programs funded pursuant to
this chapter. The Board of Corrections shall compile the local
reports and, beginning March 1, 2004, make an annual report to the
Legislature on the statewide effectiveness of the comprehensive
multiagency local action plans.
SEC. 4. Section 30064.1 of the Government Code is amended to read:
30064.1. (a) It is the intent of the Legislature that at
least one hundred million dollars ($100,000,000) be appropriated in
fiscal years 2000-01 and 2001-02 for the purpose of funding the
provisions of this chapter. These funds shall be allocated as
follows:
(1) One hundred thousand dollars ($100,000) to each district
attorney.
(2) One hundred thousand dollars ($100,000) to each county
sheriff, including the Sheriff of the City and County of San
Francisco.
(3) One hundred thousand dollars ($100,000) to each city police
chief, including the Chief of Police of the City and County of San
Francisco.
(4) The balance of any remaining funds shall be allocated pursuant
to subdivision (b) of Section 30061.
(b) This chapter shall become inoperative on July 1, 2002, and, as
of January 1, 2003, is repealed, least two hundred
forty-two million six hundred thousand dollars ($242,600,000) be
appropriated each year for fiscal years 2001-02, 2002-03, and 2003-04
for the purpose of funding the provisions of this chapter.
(b) This chapter shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted
statute, which becomes effective on or before January 1,
2003, 2005, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 5. The sum of two hundred forty-two million six hundred
thousand dollars ($242,600,000) is hereby appropriated from the
General Fund to the Controller for allocation, as follows:
(a) Two hundred million ($200,000,000) to counties and cities and
counties in accordance with the proportionate share of the state's
total population that resides in each county and city and county, as
determined on the basis of the most recent January population
estimate developed by the Department of Finance. Each county share
shall be deposited in the Supplemental Law Enforcement Services Fund
of the county or city and county.
(b) An amount determined by the Director of Finance that augments
the amount pursuant to subdivision (a) to provide that each local law
enforcement jurisdiction receives at least one hundred thousand
dollars ($100,000), not to exceed twenty-one million three hundred
thousand dollars ($21,300,000) in the aggregate. The Director of
Finance shall direct the Controller to augment this allocation
pursuant to paragraph (3) of subdivision (b) of Section 30061 of the
Government Code.
(c) An amount equal to the amount determined by the Director of
Finance pursuant to subdivision (b) to each Supplemental Law
Enforcement Fund in accordance with the proportionate share of the
state's total population that resides in each county and city and
county, as determined on the basis of the most recent January
population estimate developed by the Department of Finance to augment
the amount available pursuant to paragraph (4) of subdivision (b) of
Section 30061 of the Government Code.
SEC. 6. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to provide for the preservation and enhancement of public
safety through the implementation of the provisions of this bill, as
they relate to COPS funds expenditures, at the earliest possible
time, it is necessary for this act to take effect immediately.