Bill Text: CA SB144 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 2013 Realignment Legislation addressing justice reinvestment.

Spectrum: Moderate Partisan Bill (Republican 15-3)

Status: (Introduced - Dead) 2013-05-29 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB144 Detail]

Download: California-2013-SB144-Introduced.html

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BILL NUMBER: SB 144	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cannella

                        JANUARY 30, 2013

   An act to add Chapter 6.4 (commencing with Section 30030) to
Division 3 of Title 3 of the Government Code, relating to criminal
justice realignment, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 144, as introduced, Cannella. 2013 Realignment Legislation
addressing justice reinvestment.
   (1) Existing law, the 2011 Realignment Legislation addressing
public safety and related statutes, requires that certain specified
felonies be punished by a term of imprisonment in a county jail for
16 months, or 2 or 3 years, and provides for postrelease community
supervision by county officials for persons convicted of certain
specified felonies upon release from prison or county jail. As part
of the realignment of public safety services to local agencies,
existing law establishes the Local Revenue Fund 2011 into which
specified tax revenues are deposited and are continuously
appropriated for the provision of public safety services, as defined.

   This bill, the 2013 Realignment Legislation addressing justice
reinvestment, would establish the Realignment Reinvestment Fund in
the State Treasury as a continuously appropriated fund. The bill
would require the Director of Finance, in consultation with the
Legislative Analyst, to annually calculate the net savings to the
state for the prior fiscal year and an estimate of the net current
fiscal year savings resulting from the 2011 Realignment Legislation
addressing public safety, as specified. The bill would require the
Controller to transfer $819,857,000 from the General Fund to the
Realignment Reinvestment Fund for the 2013-14 fiscal year, thereby
making an appropriation. The bill would, beginning in the 2014-15
fiscal year, and each fiscal year thereafter, require the Controller
to transfer an amount equal to the estimate of net current fiscal
year savings resulting from the 2011 Realignment Legislation
addressing public safety, adjusted by the difference between the
preceding year's estimate and the calculated prior fiscal year net
savings, thereby making an appropriation.
   The bill would require the Controller to annually allocate moneys
in the Realignment Reinvestment Fund to each county for deposit in
the county's Realignment Reinvestment Services Account
proportionally, based on the average daily population of realigned
offenders under each county's supervision for the preceding fiscal
year. The bill would require the Controller to consult with the Board
of State and Community Corrections to determine the average daily
population for each county.
   The bill would require a Realignment Reinvestment Services Account
to be established in each county treasury. The bill would require
the moneys to implement a comprehensive, locally run, supplemental
community-based corrections plan, as specified. The bill would
require the supplemental community-based corrections plan to be
developed by each county's local Community Corrections Partnership
and to be voted on by an executive committee of each county's
Community Corrections Partnership, as specified. The bill would deem
the supplemental community-based corrections plan accepted by the
county board of supervisors unless the board rejects the plan by a
4/5 vote. The bill would require each county or city and county to
annually report to the county board of supervisors and the Board of
State and Community Corrections on the programs funded pursuant to
these provisions, as specified. By imposing additional duties on
local officials, this bill would impose a state-mandated local
program.
   The bill would require the Director of Finance, in consultation
with the Legislative Analyst, to develop a yearly estimate of the
cost avoidances expected to be realized by the Department of
Corrections and Rehabilitation that are a result of the 2011
Realignment Legislature, and would require the director to report
those estimates to the Legislature, as provided.
    The bill would require that moneys allocated from a Realignment
Reinvestment Services Account be expended exclusively for purposes of
the bill's provisions. The bill would require that funds received
pursuant to its provisions be expended or encumbered no later than
June 30 the following year, and would require unspent moneys to be
remitted for deposit in the Realignment Reinvestment Fund.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the 2013
Realignment Legislation addressing justice reinvestment.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The Legislature is committed to reducing recidivism among
criminal offenders, ensuring that local governments have adequate
funding to achieve this goal, and facilitating the responsible
implementation of the criminal justice polices contained in the 2011
Realignment Legislation addressing public safety.
   (b) California must continue to reinvest its criminal justice
resources to support community-based corrections programs,
evidence-based practices, and local correctional facilities in order
to achieve improved public safety returns on this state's substantial
investment in its criminal justice system.
   (c) Realigning low-level felony offenders who do not have prior
convictions for serious, violent, or sex offenses to locally run,
community-based corrections programs, which are strengthened through
community-based punishment, evidence-based practices, improved
supervision strategies, and enhanced secured capacity, has the
potential to improve public safety outcomes for adult felons and
facilitate their reintegration back into society. However, local
governments have indicated that current resources provided by the
state to achieve these goals are inadequate. This lack of resources
has resulted in an increase in criminal activity throughout the state
that indicates that realignment is failing to achieve its stated
goals. As a result, community-based corrections programs require
additional funding to meet the level of need and provide an
appropriate level of service for offender populations shifted as a
result of the 2011 Realignment Legislation addressing public safety.
   (d) By enacting the 2011 Realignment Legislation addressing public
safety, the Legislature affirmed its commitment to justice
reinvestment and stated that the purpose of justice reinvestment is
to manage and allocate criminal justice populations more
cost-effectively, generating savings that can be reinvested in
evidence-based strategies that increase public safety while holding
offenders accountable.
   (e) In order to properly implement the 2011 Realignment
Legislation addressing public safety, it is the intent of the
Legislature to fully commit to justice reinvestment by using
identified state savings generated by the 2011 Realignment
Legislation addressing public safety and any other necessary funds to
provide local governments with maximum flexibility and adequate
funding to manage these new offenders in the manner that is in the
best interest of public safety, most appropriate to each county, and
consistent with principles of justice reinvestment.
  SEC. 3.  Chapter 6.4 (commencing with Section 30030) is added to
Division 3 of Title 3 of the Government Code, to read:
      CHAPTER 6.4.  REALIGNMENT REINVESTMENT FUND


   30030.  For purposes of this chapter, "realigned offenders" means
offenders sentenced to a county jail or to mandatory supervision, or
to both county jail and mandatory supervision, pursuant to
subdivision (h) of Section 1170 of the Penal Code, offenders subject
to postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450) of Part 3 of the Penal Code, and any
other offenders under county supervision whose supervision would have
been the responsibility of the state if the 2011 Realignment
Legislation addressing public safety had not been enacted.
   30031.  (a) (1) The Realignment Reinvestment Fund is hereby
established in the State Treasury. Moneys in the fund are
continuously appropriated and shall be used exclusively for the
purposes of this chapter.
   (2) (A) Beginning in 2014, on or after July 1, and no later than
August 31 of each year, the Director of Finance shall, in
consultation with the Legislative Analyst, annually calculate both of
the following:
   (i) The actual net savings to the state for the immediately
preceding fiscal year resulting from the 2011 Realignment Legislation
addressing public safety.
   (ii) An estimate of the net savings to the state for the current
fiscal year resulting from the 2011 Realignment Legislation
addressing public safety.
   (B) Provided there are savings, the calculations shall be made for
each fiscal year by subtracting the amount calculated pursuant to
subparagraph (D) from the amount calculated pursuant to subparagraph
(C) for each fiscal year.
   (C) (i) For the calculation pursuant to clause (i) of subparagraph
(A), the sum of all expenditure reductions, less cost increases,
affecting the Department of Corrections and Rehabilitation in the
fiscal year for which the calculation is being made that are a result
of the 2011 Realignment Legislation addressing public safety.
   (ii) For the calculation pursuant to clause (ii) of subparagraph
(A), the projected sum of all expenditure reductions, less cost
increases, affecting the Department of Corrections and Rehabilitation
in the fiscal year for which the calculation is being made that are
a result of the 2011 Realignment Legislation addressing public
safety.
   (D) (i) For the calculation pursuant to clause (i) of subparagraph
(A), the sum of the allocations made from the Community Corrections
Subaccount, the Community Corrections Growth Special Account, the
District Attorney and Public Defender Subaccount, and the District
Attorney and Public Defender Growth Special Account in the fiscal
year for which the calculation is being made, less four hundred
fifty-three million dollars ($453,000,000).
   (ii) For the calculation pursuant to clause (ii) of subparagraph
(A), the sum of the allocations projected to be made from the
Community Corrections Subaccount, the Community Corrections Growth
Special Account, the District Attorney and Public Defender
Subaccount, and the District Attorney and Public Defender Growth
Special Account in the fiscal year for which the calculation is being
made, less four hundred fifty-three million dollars ($453,000,000).
   (3) For the 2013-14 fiscal year, the Controller shall transfer
eight hundred nineteen million eight hundred fifty-seven thousand
dollars ($819,857,000) from the General Fund to the Realignment
Reinvestment Fund for allocation pursuant to paragraph (5).
   (4) Beginning with the 2014-15 fiscal year, and each fiscal year
thereafter, the Controller shall transfer an amount equal to the
difference between the amount identified in subparagraph (A) and the
amount identified in subparagraph (B) from the General Fund to the
Realignment Reinvestment Fund for allocation pursuant to paragraph
(5).
   (A) The estimate of net savings for the current fiscal year
calculated pursuant to clause (ii) of subparagraph (A) of paragraph
(2).
   (B) An adjustment for the immediately preceding fiscal year that
is the result of subtracting the amount calculated pursuant to clause
(i) of subparagraph (A) of paragraph (2) for that fiscal year from
the amount estimated pursuant to clause (ii) of subparagraph (A) of
paragraph (2) for that fiscal year.
   (5) The Controller shall annually allocate moneys in the
Realignment Reinvestment Fund to each county and city and county, for
deposit in the county's or city and county's Realignment
Reinvestment Services Account proportionally, based on the average
daily population of realigned offenders under each county's
supervision for the preceding fiscal year. The Controller shall
consult with the Board of State and Community Corrections to
determine the average daily population for each county.
   (b) There shall be established in each county or city and county
treasury a Realignment Reinvestment Services Account to receive all
amounts allocated to a county or city and county for purposes of
implementing this chapter.
   (c) (1) Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 of the Penal
Code shall recommend a comprehensive, locally run supplemental
community-based corrections plan to the county board of supervisors.
The purpose of the plan shall be to improve the outcomes of the 2011
public safety realignment. The plan may include, but shall not be
limited to, mental health programs, substance abuse programs,
transitional housing programs, job placement programs, improved
supervision strategies, community-based punishment programs,
increased law enforcement staffing in cities and counties, county
jail construction, maintenance, and operation, assessment and
criminal prosecution of realigned offenders, and supervision or
aftercare for offenders sentenced pursuant to subdivision (h) of
Section 1170 of the Penal Code and offenders subject to postrelease
community supervision pursuant to Section 3451 of the Penal Code.
   (A) The supplemental community-based corrections plan shall
include, but not be limited to, all of the following components:
   (i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and other services that specifically target realigned offenders, and
their families.
   (ii) An identification and prioritization of the neighborhoods and
other areas in the community that face a significant public safety
risk from realigned offenders and associated crimes, including, but
not limited to, gang activity, burglary, robbery, vandalism,
controlled substances sales, firearm-related violence, and substance
abuse.
   (iii) A local action strategy that provides for a continuum of
responses to crime and demonstrates a collaborative and integrated
approach for implementing a system of swift, certain, and graduated
responses for realigned offenders.
   (iv) A schedule of programs identified in clause (iii) that are
proposed to be funded pursuant to this subparagraph, including the
projected amount of funding for each program.
   (v) An accounting of the number of new crimes or violations
committed by realigned offenders.
   (B) Programs proposed to be funded shall satisfy all of the
following requirements:
   (i) Be based on evidence-based programs and approaches that have
been demonstrated to be effective in reducing crime.
   (ii) Employ information sharing systems to ensure that county and
city actions are fully coordinated and designed to provide data for
measuring the success of programs and strategies.
   (C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
   (i) The rate of arrests per 100,000 population.
   (ii) The rate of successful completion of probation and
postrelease community supervision.
   (iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
   (iv) Arrest, incarceration, and probation violation rates of
realigned offenders and other program participants.
   (v) Quantification of the annual per capita costs of the program.
   (D) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
   (i) Each county or city and county shall report, beginning October
15, 2015, and annually each October 15 thereafter, to the county
board of supervisors and the Board of State and Community
Corrections, in a format specified by the board, on the programs
funded pursuant to this chapter and program outcomes as specified in
subparagraph (C).
   (ii) The Board of State and Community Corrections shall compile
the local reports and, by March 15, 2015, and by March 15 of each
year thereafter, make a report to the Governor and the Legislature on
program expenditures within each county and city and county funded
pursuant to this section and on the outcomes as specified in
subparagraph (C). A report submitted pursuant to this clause shall be
submitted in compliance with Section 9795 of the Government Code.
   (2) The supplemental community-based corrections 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, and one department representative
listed in either subparagraph (G), (H), or (J) of paragraph (2) of
subdivision (b) of Section 1230 of the Penal Code, as designated by
the county board of supervisors for purposes related to the
development and presentation of the plan.
   (3) If a supplemental community-based corrections plan has been
previously approved by a county's or city and county's local
Community Corrections Partnership, the plan shall be reviewed
annually and modified as needed.
   (4) The supplemental community-based corrections plan or modified
supplemental community-based corrections 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 shall go back to the Community Corrections Partnership for
further consideration.
   (5) The supplemental community-based corrections plan or modified
supplemental community-based corrections plan shall be submitted to
the Board of State and Community Corrections no later than October 15
of each year.
   (d) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as described in
subdivision (a).
   (e) Funds allocated pursuant to subdivision (c) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met the
requirement of this subdivision shall remit the unspent moneys in the
Realignment Reinvestment Services Account to the Controller for
deposit in the Realignment Reinvestment Fund.
   (f) Beginning in 2014, and no later than May 1 of each year, the
Director of Finance shall, in consultation with the Legislative
Analyst, develop an estimate of the cost avoidances expected to be
realized by the Department of Corrections and Rehabilitation in the
current fiscal year that are a result of the 2011 Realignment
Legislation addressing public safety and report those estimates to
the chairpersons of the committees in each house of the Legislature
that consider appropriations and to the Chairperson of the Joint
Legislative Budget Committee. A report submitted pursuant to this
subdivision shall be submitted in compliance with Section 9795 of the
Government Code. The Legislature may consider each year whether to
appropriate funds in augmentation of the moneys otherwise allocated
pursuant to this chapter in an amount up to and including the amount
of cost avoidances reported pursuant to this subdivision.
   30032.  (a) Moneys allocated from a Realignment Reinvestment
Services Account to a recipient entity shall be expended exclusively
for services included in the county's or city and county's
supplemental community-based corrections plan. These moneys shall
supplement existing services, and shall not be used to supplant any
existing funding for law enforcement services or programs or
activities included in the supplemental community-based corrections
plan provided by that entity.
   (b) In no event shall any moneys allocated from the county's or
city and county's Realignment Reinvestment Services Account be
expended by a recipient entity to fund any of the following:
   (1) Administrative overhead costs in excess of 1 percent of a
recipient entity's Realignment Reinvestment Services Account
allocation for that fiscal year.
   (2) The costs of any capital project or construction project that
does not directly support programs or activities included in the
supplemental community-based corrections plan.
   (c) For purposes of this section, both of the following shall
apply:
   (1) A "recipient entity" is that entity that actually incurs the
expenditures of Realignment Reinvestment Services Account funds
allocated pursuant to subdivision (c) of Section 30301.
   (2) Administrative overhead costs shall only be charged by the
recipient entity, as defined in paragraph (1), up to 1 percent of its
Realignment Reinvestment Services Account allocation.
   30033.  The moneys in the Realignment Reinvestment Services
Account established pursuant to subdivision (b) of Section 30031 in
each county or city and county shall be expended exclusively as
required by this chapter. Moneys allocated from the account shall not
be transferred to, or commingled with, the moneys in any other fund
in the county or city and county treasury, except that moneys may be
transferred from the account to the county's or city and county's
general fund to the extent necessary to facilitate the appropriation
and expenditure of those transferred moneys in the manner required by
this chapter.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.