BILL NUMBER: SB 199	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 7, 2013

   An act to amend Sections 1230 and 1230.1 of the Penal Code,
relating to community corrections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 199, as introduced, De León. Probation: community corrections
community corrections.
   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 a
chief of police. 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 or a
rank-and-file police officer, and a rank-and-file probation officer
or a deputy probation officer, each to be appointed by a local labor
organization, to the membership of a Community Corrections
Partnership. The bill would require the vote of the rank-and-file
deputy sheriff or rank-and-file police officer, and the rank-and-file
probation officer or a deputy probation officer, on the local plan.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  any  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 or a rank and file police
officer, appointed by the local labor organization.  
    (F) 
    (G)  A chief of police. 
   (H) A rank-and-file probation officer or a deputy probation
officer, appointed by the local labor organization.  
    (G) 
    (I)  The head of the county department of social
services. 
    (H) 
    (J)  The head of the county department of mental health.

    (I) 
    (K)  The head of the county department of employment.

    (J) 
    (L)  The head of the county alcohol and substance abuse
programs. 
    (K) 
    (M)  The head of the county office of education.

    (L) 
    (N)  A representative from a community-based
organization with experience in successfully providing rehabilitative
services to persons who have been convicted of a criminal offense.

    (M) 
    (O)  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   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  that 
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.
  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,  a rank-and-file deputy sheriff or a rank-and-file
police officer,  the  District Attorney,  
district attorney,  the  Public Defender,  
public defender,  the presiding judge of the superior court, or
his or her designee,  a rank-and-file probation officer or a
deputy probation officer,  and one department representative
listed in either subparagraph  (G), (H),   (I),
(J),  or  (J)   (L)  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.