Bill Text: CA AB2031 | 2011-2012 | Regular Session | Enrolled
Bill Title: Probation: community corrections program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-09-30 - Consideration of Governor's veto pending. [AB2031 Detail]
Download: California-2011-AB2031-Enrolled.html
BILL NUMBER: AB 2031 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 28, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 8, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN ASSEMBLY MARCH 20, 2012
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 23, 2012
An act to amend Sections 1230, 1230.1, and 6025 of the Penal Code,
relating to probation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2031, Fuentes. Probation: community corrections program.
Existing law authorizes each county to establish a Community
Corrections Performance Incentives Fund to receive state moneys to
implement a community corrections program consisting of a system of
felony probation supervision services to, among other things, manage
and reduce offender risk while under felony probation supervision and
upon reentry from jail into the community. Existing law requires a
community corrections program to be implemented by probation and
advised by a local Community Corrections Partnership, consisting of
specified members, including, but not limited to, the sheriff and the
heads of various county social services programs. Existing law
requires a Community Corrections Partnership to recommend a local
plan to the county board of supervisors for the implementation of
public safety realignment.
This bill would add a rank-and-file deputy sheriff, a
rank-and-file probation officer or deputy probation officer, a
rank-and-file social worker, and a counselor employed by a county
alcohol and substance abuse program, to be appointed by a local labor
organization, to the membership of a Community Corrections
Partnership. The bill would require a local Community Corrections
Partnership to meet at least once each year. The bill would require
the vote of the rank-and-file probation officer or deputy probation
officer on the local plan.
Existing law establishes the Board of State and Community
Corrections to provide statewide leadership, coordination, and
technical assistance to promote effective state and local efforts and
partnerships in California's adult and juvenile criminal justice
system. The board is comprised of specified members, including, but
not limited to, a public member and county sheriffs and probation
officers.
This bill would add one more public member and a rank-and-file
probation officer or deputy probation officer, a rank-and-file deputy
sheriff, and a rank-and-file social worker with specified experience
to the membership of the board, to be appointed by the Governor,
subject to Senate confirmation.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1230 of the Penal Code is amended to read:
1230. (a) Each county is hereby authorized 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 this chapter.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the moneys,
including interest, shall be made available to the CPO of that
county, within 30 days of the deposit of those moneys into the fund,
for the implementation of the community corrections program
authorized by this chapter.
(1) The community corrections program shall be developed and
implemented by probation and advised by a local Community Corrections
Partnership.
(2) The local Community Corrections Partnership 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.
(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 rank-and-file deputy sheriff, to be appointed by the local
labor organization.
(G) A chief of police.
(H) A rank-and-file probation officer or deputy probation officer,
to be appointed by the local labor organization.
(I) The head of the county department of social services.
(J) A rank-and-file social worker employed by the county
department of social services, to be appointed by the local labor
organization.
(K) The head of the county department of mental health.
(L) The head of the county department of employment.
(M) The head of the county alcohol and substance abuse programs.
(N) A counselor employed by a county alcohol and substance abuse
program, to be appointed by the local labor organization.
(O) The head of the county office of education.
(P) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.
(Q) An individual who represents the interests of victims.
(3) Funds allocated to probation pursuant to this act 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 in subdivision (d) of Section 1229, which may include, but
are not limited to, the following:
(A) Implementing and expanding evidence-based risk and needs
assessments.
(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.
(D) Expanding the availability of evidence-based rehabilitation
programs, including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
(4) The CPO shall have discretion to spend funds on any of the
above practices and programs consistent with this act but, at a
minimum, shall devote at least 5 percent of all funding received to
evaluate the effectiveness of those programs and practices
implemented with the funds provided pursuant to this chapter. A CPO
may petition the Administrative Office of the Courts to have this
restriction waived, and the Administrative Office of the Courts shall
have the authority to grant such a petition, if the CPO can
demonstrate that the department is already devoting sufficient funds
to the evaluation of these programs and practices.
(5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
(6) A local Community Corrections Partnership shall meet at least
once each year.
SEC. 2. Section 1230.1 of the Penal Code is amended to read:
1230.1. (a) Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall
recommend a local plan to the county board of supervisors for the
implementation of the 2011 public safety realignment.
(b) The plan shall be voted on by an executive committee of each
county's Community Corrections Partnership consisting of the 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, a rank-and-file
probation officer or deputy probation officer, and one department
representative listed in either subparagraph (I), (K), or (M) of
paragraph (2) of subdivision (b) of Section 1230, as designated by
the county board of supervisors for purposes related to the
development and presentation of the plan.
(c) The 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
Community Corrections Partnership for further consideration.
(d) Consistent with local needs and resources, the plan may
include recommendations to maximize the effective investment of
criminal justice resources in evidence-based correctional sanctions
and programs, including, but not limited to, day reporting centers,
drug courts, residential multiservice centers, mental health
treatment programs, electronic and GPS monitoring programs, victim
restitution programs, counseling programs, community service
programs, educational programs, and work training programs.
SEC. 3. Section 6025 of the Penal Code, as amended by Section 32
of Chapter 36 of the Statutes of 2011, is amended to read:
6025. (a) Commencing July 1, 2012, the Board of State and
Community Corrections shall be composed of 16 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who
shall be the Secretary of the Department of Corrections and
Rehabilitation.
(2) The Director of the Division of Adult Parole Operations for
the Department of Corrections and Rehabilitation.
(3) 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.
(4) 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.
(5) A county supervisor or county administrative officer. This
member shall be appointed by the Governor, subject to Senate
confirmation.
(6) A chief probation officer from a county with a population over
200,000, appointed by the Governor, subject to Senate confirmation.
(7) A chief probation officer from a county with a population
under 200,000, appointed by the Governor, subject to Senate
confirmation.
(8) A judge appointed by the Judicial Council of California.
(9) A chief of police, appointed by the Governor, subject to
Senate confirmation.
(10) A community provider of rehabilitative treatment or services
for adult offenders, appointed by the Speaker of the Assembly.
(11) 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.
(12) Two public members, appointed by the Governor, subject to
Senate confirmation.
(13) Three rank-and-file representatives, to be appointed by the
Governor and subject to Senate confirmation, including all of the
following:
(A) One probation officer or a deputy probation officer.
(B) One deputy sheriff who is a sergeant or lower rank.
(C) One social worker with experience serving at-risk youth, adult
criminal offenders, or persons with alcohol or substance abuse
problems.
(b) The terms of the members appointed by the Governor shall
expire as follows: three on July 1, 2014, and eight 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. Any appointment to a vacancy that
occurs for any reason other than expiration of the term shall be for
the remainder of the unexpired term. Members are eligible for
reappointment.
(c) The board shall select a vice chairperson from among its
members, who shall be either a chief probation officer or a sheriff.
Seven members of the board shall constitute a quorum.
(d) When the board is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of hearing of charges and the determination of recommendations
to the Governor.
(e) If any appointed member is not in attendance for three
meetings in any calendar year, the board shall inform the appointing
authority, which may remove that member and make a new appointment,
as provided in this section, for the remainder of the term.
