BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1936|
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THIRD READING
Bill No: SB 1936
Author: Schiff (D), et al
Amended: 6/7/00
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 4/25/00
AYES: Vasconcellos, McPherson, Polanco, Rainey
NOES: Johnston
NOT VOTING: Burton
SENATE APPROPRIATIONS COMMITTEE : 13-0, 6/6/00
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Johnson,
Karnette, Kelley, Leslie, McPherson, Mountjoy, Perata,
Vasconcellos
SUBJECT : Supplemental local law enforcement funding
SOURCE : Governor's Office
DIGEST : The primary purpose of this bill is to extend
the Citizens Option for Public Safety (COPS) program for
five more years, until January 1, 2005, and to declare the
Legislature's intent to appropriate at least $242.6 million
in fiscal years 2001-02, 2002-03, and 2003-04 to the COPS
program during this period. In addition, this bill imposes
on cities and counties new deadlines, requirements, and
penalties related to the COPS program spending and
reporting.
ANALYSIS : Existing law provides that counties, cities,
and special districts may receive money to supplement law
CONTINUED
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enforcement resources, based on population, through the
COPS program.
Existing law provides that the COPS program will become
inoperative on July 1, 2000, with its enabling legislation
repealed on January 1, 2001, unless a later enacted statute
extends the program.
Existing law declares the Legislature's intent to
appropriate at least $100 million for the COPS program in
the 1998-99 and 1999-00 fiscal years.
Existing law establishes in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF) to
receive COPS program disbursements. Existing law requires
that moneys from these funds be allocated to local agencies
to be used primarily for frontline law enforcement, but
also for criminal prosecutions and jail construction and
operation.
Existing law establishes in each county a Supplemental Law
Enforcement Oversight Committee (SLEOC). In each fiscal
year, county auditors and city treasurers are required to
file with their SLEOC reports detailing allocations of COPS
program funds. These reports are then to be summarized and
forwarded to the State Controller. Existing law does not
provide any penalties for failure to comply with these
reporting requirements.
This bill revises the percentage allocation of SLESF monies
as follows:
Now SB 1936
Sheriffs for county jail construction 12-1/2%6-1/4%
and operation
District Attorney 12-1/2% 6-1/4%
Cities and counties front line law 75%37-1/2%
enforcement
The bill provides that the other 50% of the SLESF monies be
allocated to the county or city and county to develop and
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implement a comprehensive muliagency 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 (SF), the plan
shall also be approved by the mayor.
The SLESF shall only allocate funding pursuant to the above
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.
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.
Revises the requirements for an allocation to a county that
includes a newly incorporated city, as specified.
This bill extends operation of the COPS program through
January 1, 2005.
This bill declares that it is the intent of the Legislature
to appropriate at least $242.6 million each year for fiscal
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years 2001-02, 2002-03, and 2003-04 for the purpose of
funding the COPS program.
This bill requires local agencies to spend COPS funds
received in a given fiscal year by June 30 of the following
fiscal year or to remit unspent monies to the Controller
for deposit into the General Fund.
This bill requires that counties and cities shall forfeit
their COPS allocations for the subsequent fiscal year if
they fail to submit required data on program expenditures
in a timely manner.
In addition, each local Juvenile Justice Coordinating
Council would be required, beginning August 15, 2003, and
annually thereafter, to 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
would be required to 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.
The bill also adds juvenile justice programs to the
definition of "front line law enforcement services" which
already includes antigang and community crime prevention
programs.
History and Existing Structure of the COPS Program
The Legislature created the COPS program in 1996 with the
passage of AB 3229 (Brulte). The legislative framework for
this program can now be found at Government Code sections
30061 through 30065. Statutory authorization for the
program expires on July 1, 2000, the end of the
current-fiscal year.
Under the COPS program, counties and cities are allocated
state funds, based solely on population, to supplement
local law enforcement. The Legislature has provided $100
million for the program each year since 1996-97, for a
total of $400 million through the current year. Under the
terms of Government Code section 30061, the yearly
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disbursements of COPS funds are allocated as follows:
--75 percent to cities and counties for front line law
enforcement.
--12.5 percent to district attorneys for criminal
prosecution.
--12.5 percent to sheriffs for county jail construction and
operations.
Under Government Code section 30063, cities and counties
are required to report to the Controller on their use of
COPS funds. However, no penalty currently exists to
enforce compliance with this minimal reporting requirement,
nor is there any method by which to assess the
effectiveness of the COPS program. In essence, the program
is largely an unrestricted grant for local law enforcement
agencies.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2001-02 2002-03
2003-04 Fund
COPS 242.6 242.6 242.6 General
*The Senate version of the budget contains $121 million.
SUPPORT : (Verified 6/7/00)
California State Association of Counties
California State Sheriffs' Association
California District Attorneys Association
RJG:sl 6/7/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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