SB 144, as amended, 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 Fundbegin insert, no later than September 1 of each year,end insert 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:
This act shall be known and may be cited as the 2013 Realignment Legislation addressing justice reinvestment.
The Legislature finds and declares all of the following:
4(a) The Legislature is committed to reducing recidivism among
5criminal offenders, ensuring that local governments have adequate
6funding to achieve this goal, and facilitating the responsible
7implementation of the criminal justice polices contained in the
82011 Realignment Legislation addressing public safety.
9(b) California must continue to reinvest its criminal justice
10resources to support community-based corrections programs,
11evidence-based practices, and local correctional facilities in order
12to achieve improved public safety returns on this state’s substantial
13investment in its criminal justice system.
14(c) Realigning low-level felony offenders who do not have prior
15convictions for serious, violent, or sex offenses to locally run,
16community-based corrections programs, which are strengthened
17through community-based punishment, evidence-based practices,
18improved supervision strategies, and enhanced secured capacity,
19has the potential to improve public safety outcomes for adult felons
20and facilitate their reintegration back into society. However, local
21governments have indicated that current resources provided by the
22state to achieve these goals are inadequate. This lack of resources
P4 1has resulted in an increase in criminal activity throughout the state
2that indicates that realignment is failing to achieve its stated goals.
3As a result, community-based corrections programs require
4additional funding to meet the level of need and provide an
5appropriate level of service for offender populations shifted as a
6result of the 2011 Realignment Legislation
addressing public
7safety.
8(d) By enacting the 2011 Realignment Legislation addressing
9public safety, the Legislature affirmed its commitment to justice
10reinvestment and stated that the purpose of justice reinvestment
11is to manage and allocate criminal justice populations more cost
12effectively, generating savings that can be reinvested in
13evidence-based strategies that increase public safety while holding
14offenders accountable.
15(e) In order to properly implement the 2011 Realignment
16Legislation addressing public safety, it is the intent of the
17Legislature to fully commit to justice reinvestment by using
18identified state savings generated by the 2011 Realignment
19Legislation addressing public safety and any other necessary funds
20to provide local governments with maximum flexibility and
21adequate funding to manage these new offenders in the manner
22that is in the best interest of public
safety, most appropriate to each
23county, and consistent with principles of justice reinvestment.
Chapter 6.4 (commencing with Section 30030) is added
25to Division 3 of Title 3 of the Government Code, to read:
26
For purposes of this chapter, “realigned offenders”
30means offenders sentenced to a county jail or to mandatory
31supervision, or to both county jail and mandatory supervision,
32pursuant to subdivision (h) of Section 1170 of the Penal Code,
33offenders subject to postrelease community supervision pursuant
34to Title 2.05 (commencing with Section 3450) of Part 3 of the
35Penal Code, and any other offenders under county supervision
36whose supervision would have been the responsibility of the state
37if the 2011 Realignment Legislation addressing public safety had
38not been enacted.
(a) (1) The Realignment Reinvestment Fund is hereby
40established in the State Treasury. Moneys in the fund are
P5 1continuously appropriated and shall be used exclusively for the
2purposes of this chapter.
3(2) (A) Beginning in 2014, on or after July 1, and no later than
4August 31 of each year, the Director of Finance shall, in
5consultation with the Legislative Analyst, annually calculate both
6of the following:
7(i) The actual net savings to the state for the immediately
8preceding fiscal year resulting from the 2011 Realignment
9Legislation addressing public safety.
10(ii) An estimate
of the net savings to the state for the current
11fiscal year resulting from the 2011 Realignment Legislation
12addressing public safety.
13(B) Provided there are savings, the calculations shall be made
14for each fiscal year by subtracting the amount calculated pursuant
15to subparagraph (D) from the amount calculated pursuant to
16subparagraph (C) for each fiscal year.
17(C) (i) For the calculation pursuant to clause (i) of subparagraph
18(A), the sum of all expenditure reductions, less cost increases,
19affecting the Department of Corrections and Rehabilitation in the
20fiscal year for which the calculation is being made that are a result
21of the 2011 Realignment Legislation addressing public safety.
22(ii) For the calculation pursuant to clause (ii) of subparagraph
23(A), the projected sum of all expenditure
reductions, less cost
24increases, affecting the Department of Corrections and
25Rehabilitation in the fiscal year for which the calculation is being
26made that are a result of the 2011 Realignment Legislation
27addressing public safety.
28(D) (i) For the calculation pursuant to clause (i) of subparagraph
29(A), the sum of the allocations made from the Community
30Corrections Subaccount, the Community Corrections Growth
31Special Account, the District Attorney and Public Defender
32Subaccount, and the District Attorney and Public Defender Growth
33Special Account in the fiscal year for which the calculation is being
34made, less four hundred fifty-three million dollars ($453,000,000).
35(ii) For the calculation pursuant to clause (ii) of subparagraph
36(A), the sum of the allocations projected to be made from the
37Community Corrections Subaccount, the Community Corrections
38Growth
Special Account, the District Attorney and Public Defender
39Subaccount, and the District Attorney and Public Defender Growth
P6 1Special Account in the fiscal year for which the calculation is being
2made, less four hundred fifty-three million dollars ($453,000,000).
3(3) For the 2013-14 fiscal year, the Controller shall transfer
4eight hundred nineteen million eight hundred fifty-seven thousand
5dollars ($819,857,000) from the General Fund to the Realignment
6Reinvestment Fund for allocation pursuant to paragraph (5).
7(4) Beginning with the 2014-15 fiscal year, and each fiscal year
8thereafter, the Controller shall transfer an amount equal to the
9difference between the amount identified in subparagraph (A) and
10the amount identified in subparagraph (B) from the General Fund
11to the Realignment Reinvestment Fund for allocation pursuant to
12paragraph (5).
13(A) The estimate of net savings for the current fiscal year
14calculated pursuant to clause (ii) of subparagraph (A) of paragraph
15(2).
16(B) An adjustment for the immediately preceding fiscal year
17that is the result of subtracting the amount calculated pursuant to
18clause (i) of subparagraph (A) of paragraph (2) for that fiscal year
19from the amount estimated pursuant to clause (ii) of subparagraph
20(A) of paragraph (2) for that fiscal year.
21(5) The Controller shall annually allocate moneys in the
22Realignment Reinvestment Fundbegin insert, no later than September 1 of
23each year,end insert to each county and city and county, for deposit in the
24county’s or city and county’s Realignment Reinvestment Services
25Account proportionally, based on the
average daily population of
26realigned offenders under each county’s supervision for the
27preceding fiscal year. The Controller shall consult with the Board
28of State and Community Corrections to determine the average
29daily population for each county.
30(b) There shall be established in each county or city and county
31treasury a Realignment Reinvestment Services Account to receive
32all amounts allocated to a county or city and county for purposes
33of implementing this chapter.
34(c) (1) Each county local Community Corrections Partnership
35established pursuant to subdivision (b) of Section 1230 of the Penal
36Code shall recommend a comprehensive, locally run supplemental
37community-based corrections plan to the county board of
38supervisors. The purpose of the plan shall be to improve the
39outcomes of the 2011begin delete public safety realignmentend deletebegin insert
Realignment
40Legislation addressing public safetyend insert. The plan may include, but
P7 1shall not be limited to, mental health programs, substance abuse
2programs, transitional housing programs, job placement programs,
3improved supervision strategies, community-based punishment
4programs, increased law enforcement staffing in cities and counties,
5county jail construction, maintenance, and operation, assessment
6and criminal prosecution of realigned offenders, and supervision
7or aftercare for offenders sentenced pursuant to subdivision (h) of
8Section 1170 of the Penal Code and offenders subject to postrelease
9community supervision pursuant to Section 3451 of the Penal
10Code.
11(A) The supplemental community-based corrections planbegin delete shallend delete
12begin insert mayend insert include,
butbegin insert shallend insert not be limited to, all of the following
13components:
14(i) An assessment of existing law enforcement, probation,
15education, mental health, health, social services, drug and alcohol,
16and other services that specifically target realigned offenders, and
17their families.
18(ii) An identification and prioritization of the neighborhoods
19and other areas in the community that face a significant public
20safety risk from realigned offenders and associated crimes,
21including, but not limited to, gang activity, burglary, robbery,
22vandalism, controlled substances sales, firearm-related violence,
23and substance abuse.
24(iii) A local action strategy that provides for a continuum of
25responses to crime and demonstrates a
collaborative and integrated
26approach for implementing a system of swift, certain, and
27graduated responses for realigned offenders.
28(iv) A schedule of programs identified in clause (iii) that are
29proposed to be funded pursuant to this subparagraph, including
30the projected amount of funding for each program.
31(v) An accounting of the number of new crimes or violations
32committed by realigned offenders.
33(vi) An evaluation of existing services and any gaps that may
34exist in those services.
35(B) Programs proposed to be funded shall satisfy all of the
36following requirements:
37(i) Be based on
evidence-based programs and approaches that
38have been demonstrated to be effective in reducing crimebegin insert, or
39programs that improve public safety through incapacitation,
40prosecution, or treatment of realigned offendersend insert.
P8 1(ii) Employ information sharing systems to ensure that county
2and city actions are fully coordinated and designed to provide data
3for measuring the success of programs and strategies.
4(C) The plan shall also identify the specific objectives of the
5programs proposed for funding and specified outcome measures
6to determine the effectiveness of the programs and contain an
7accounting for all program participants, including those who do
8not complete the programs. Outcome measures of the programs
9proposed to be funded shall include, but not be limited to, all of
10the
followingbegin insert when that data is available and relevant to the
11programend insert:
12(i) The rate of arrests per 100,000 population.
13(ii) The rate of successful completion of probation and
14postrelease community supervision.
15(iii) The rate of successful completion of restitution and
16court-ordered community service responsibilities.
17(iv) Arrest, incarceration, and probation violation rates of
18realigned offenders and other program participants.
19(v) Quantification of the annual per capita costs of the program.
20(D) To assess the effectiveness
of programs funded pursuant to
21this paragraph using the program outcome criteria specified in
22subparagraph (C), the following periodic reports shall be submitted:
23(i) Each county or city and county shall report, beginning
24October 15, 2015, and annually each October 15 thereafter, to the
25county board of supervisors and the Board of State and Community
26Corrections, in a format specified by the board, on the programs
27funded pursuant to this chapter and program outcomes as specified
28in subparagraph (C).
29(ii) The Board of State and Community Corrections shall
30compile the local reports and, by March 15, 2015, and by March
3115 of each year thereafter, make a report to the Governor and the
32Legislature on program expenditures within each county and city
33and county funded pursuant to this section and on the outcomes
34as specified in subparagraph (C). A report submitted pursuant to
35this clause
shall be submitted in compliance with Section 9795 of
36the Government Code.
37(2) The supplemental community-based corrections plan shall
38be voted on by an executive committee of each county’s
39Community Corrections Partnership consisting of the chief
40probation officer of the county as chair, a chief of police, the
P9 1sheriff, the District Attorney, the Public Defender, the presiding
2judge of the superior court, or his or her designee, and one
3department representative listed in either subparagraph (G), (H),
4or (J) of paragraph (2) of subdivision (b) of Section 1230 of the
5Penal Code, as designated by the county board of supervisors for
6purposes related to the development and presentation of the plan.
7(3) If a supplemental community-based corrections plan has
8been previously approved by a county’s or city and county’s local
9Community Corrections Partnership, the plan shall be reviewed
10
annually and modified as needed.
11(4) The supplemental community-based corrections plan or
12modified supplemental community-based corrections plan shall
13be deemed accepted by the county board of supervisors unless the
14board rejects the plan by a vote of four-fifths of the board, in which
15case the plan shall go back to the Community Corrections
16Partnership for further consideration.
17(5) The supplemental community-based corrections plan or
18modified supplemental community-based corrections plan shall
19be submitted to the Board of State and Community Corrections
20no later than October 15 of each year.
21(d) The Controller shall allocate funds to local jurisdictions for
22public safety in accordance with this section as described in
23subdivision (a).
24(e) Funds
allocated pursuant to subdivision (c) shall be expended
25or encumbered in accordance with this chapter no later than June
2630 of the following fiscal year. A local agency that has not met
27the requirement of this subdivision shall remit the unspent moneys
28in the Realignment Reinvestment Services Account to the
29Controller for deposit in the Realignment Reinvestment Fund.
30(f) Beginning in 2014, and no later than May 1 of each year,
31the Director of Finance shall, in consultation with the Legislative
32Analyst, develop an estimate of the cost avoidances expected to
33be realized by the Department of Corrections and Rehabilitation
34in the current fiscal year that are a result of the 2011 Realignment
35Legislation addressing public safety and report those estimates to
36the chairpersons of the committees in each house of the Legislature
37that consider appropriations and to the Chairperson of the Joint
38Legislative Budget Committee. A report submitted pursuant to
39
this subdivision shall be submitted in compliance with Section
409795 of the Government Code. The Legislature may consider each
P10 1year whether to appropriate funds in augmentation of the moneys
2otherwise allocated pursuant to this chapter in an amount up to
3and including the amount of cost avoidances reported pursuant to
4this subdivision.
(a) Moneys allocated from a Realignment Reinvestment
6Services Account to a recipient entity shall be expended exclusively
7for services included in the county’s or city and county’s
8supplemental community-based corrections plan. These moneys
9shall supplement existing services, and shall not be used to supplant
10any existing funding for law enforcement services or programs or
11activities included in the supplemental community-based
12corrections plan provided by that entity.
13(b) In no event shall any moneys allocated from the county’s
14or city and county’s Realignment Reinvestment Services Account
15be expended by a recipient entity to fund any of the following:
16(1) Administrative overhead
costs in excess of 1 percent of a
17recipient entity’s Realignment Reinvestment Services Account
18allocation for that fiscal year.
19(2) The costs of any capital project or construction project that
20does not directly support programs or activities included in the
21supplemental community-based corrections plan.
22(c) For purposes of this section, both of the following shall
23apply:
24(1) A “recipient entity” is that entity that actually incurs the
25expenditures of Realignment Reinvestment Services Account funds
26allocated pursuant to subdivision (c) of Section 30301.
27(2) Administrative overhead costs shall only be charged by the
28recipient entity, as defined in paragraph (1), up to 1 percent of its
29Realignment Reinvestment Services Account
allocation.
The moneys in the Realignment Reinvestment Services
31Account established pursuant to subdivision (b) of Section 30031
32in each county or city and county shall be expended exclusively
33as required by this chapter. Moneys allocated from the account
34shall not be transferred to, or commingled with, the moneys in any
35other fund in the county or city and county treasury, except that
36moneys may be transferred from the account to the county’s or
37city and county’s general fund to the extent necessary to facilitate
38the appropriation and expenditure of those transferred moneys in
39the manner required by this chapter.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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