Bill Text: CA SB205 | 2015-2016 | Regular Session | Amended
Bill Title: Proposition 47: evaluation study.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB205 Detail]
Download: California-2015-SB205-Amended.html
BILL NUMBER: SB 205 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2015
AMENDED IN SENATE MARCH 26, 2015
AMENDED IN SENATE MARCH 16, 2015
INTRODUCED BY Senator Beall
( Coauthor: Assembly Member
Lackey )
FEBRUARY 11, 2015
An act to add and repeal Section 7599.3 of the Government Code,
and to add Section 11105.09 to the Penal Code, relating to crime.
LEGISLATIVE COUNSEL'S DIGEST
SB 205, as amended, Beall. Proposition 47: evaluation study.
Existing law, enacted by Proposition 47, as approved by the voters
at the November 4, 2014, statewide general election, requires
misdemeanors instead of felony sentences for certain nonserious,
nonviolent crimes, like petty theft and drug possession. Proposition
47 also creates the Safe Neighborhoods and Schools Fund, a
continuously appropriated fund, that is funded by savings that accrue
to the state from the implementation of the proposition. Existing
law requires, in part, 65% of the moneys deposited in the fund to be
disbursed to the Board of State and Community Corrections to
administer a grant program to fund public agencies that support
mental health treatment, substance abuse treatment, and diversion
programs for people in the criminal justice system and 25% of the
moneys deposited in the fund be disbursed to the State Department of
Education to administer a grant program to public agencies aimed at
improving outcomes for public school pupils, as specified.
Proposition 47 provides that its provisions may be amended by a
statute that is consistent with and furthers its intent and that is
passed by a 2/3 vote of each house of the Legislature and is signed
by the Governor. Proposition 47 also provides that the Legislature
may, by majority vote, amend, add, or repeal provisions to further
reduce the penalties for offenses it addresses.
This bill would require the Department of Finance to select a
public or private university through a competitive process to conduct
a 4 year evaluation assessing the process, outcomes, and costs of
Proposition 47, including the number and characteristics of
participants served by programs funded with grant moneys from the
Safe Neighborhoods and Schools Fund. The bill would require the
selected university to report to the Legislature, no later than
January 1, 2017, and annually by that date for the following 3 years.
The bill would require that all data collected for the report
be made publically available. The bill would repeal these
provisions as of January 1, 2021.
Existing law requires the Department of Justice to compile state
summary criminal history information and to provide that information
to specified agencies and persons, as specified.
This bill would require the department to gather and compile
information regarding the number of people released from state
prisons and county jails pursuant to the provisions of Proposition 47
and the number of people released who are rearrested or
reincarcerated within 3 years. years as
compared to similar populations in the criminal justice system.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7599.3 is added to the Government Code, to
read:
7599.3. (a) The Department of Finance shall select a public or
private university through a competitive process to conduct a
four-year evaluation assessing the process, outcomes, and costs of
Proposition 47, the Safe Neighborhood and Schools Act. The selected
university shall submit a report to the Legislature, no later than
January 1, 2017, and annually by that date for the following three
years. The report shall include, but not be limited to, all of the
following:
(1) A study of the implementation of the proposition and its
impact on incarceration costs, recidivism as compared to similar
populations in the criminal justice system and overall crime,
prison and jail construction, and welfare costs.
(2) The adequacy of funds appropriated for these purposes.
(3) The number and characteristics of participants served by
programs funded with grant moneys pursuant to paragraphs (1) and (3)
of subdivision (a) of Section 7599.2. Because it may not be feasible
to collect this data from all 58 counties, this component of the
report may be limited to a small number of representative counties,
to be selected with input from relevant stakeholders serving as a
research oversight board.
(b) The report to be submitted pursuant to this section shall be
submitted in compliance with Section 9795.
(c) All data collected for the report shall be made publically
available.
(c)
(d) This section shall remain in effect only until
January 1, 2021, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2021, deletes or
extends that date.
SEC. 2. Section 11105.09 is added to the Penal Code, to read:
11105.09. (a) The department shall gather and compile the
following data:
(1) The number of people released from state prisons and county
jails pursuant to the provisions of Proposition 47.
(2) The number of those released pursuant to Proposition 47 that
are rearrested or reincarcerated within three years.
years as compared to similar populations in the
criminal justice system.
(b) The information compiled pursuant to subdivision (a) shall not
include any information that would identify an individual
specifically.
(c) The information compiled pursuant to subdivision (a) shall be
made available, upon request, to the public and to the public or
private university selected pursuant to Section 7599.3 of the
Government Code.
