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 Fund, no later than September 1 of each year, 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 Realignmentbegin delete Legislatureend deletebegin insert
Legislationend insert, 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
22013 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 justicebegin delete policesend deletebegin insert policiesend insert contained
8in the 2011 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
P4 1and facilitate their reintegration back into society. However, local
2governments have indicated that current resources provided by the
3state to achieve these goals are inadequate. This lack of resources
4has resulted in an increase
in criminal activity throughout the state
5that indicates that realignment is failing to achieve its stated goals.
6As a result, community-based corrections programs require
7additional funding to meet the level of need and provide an
8appropriate level of service for offender populations shifted as a
9result of the 2011 Realignment Legislation addressing public
10safety.
11(d) By enacting the 2011 Realignment Legislation addressing
12public safety, the Legislature affirmed its commitment to justice
13reinvestment and stated that the purpose of justice reinvestment
14is to manage and allocate criminal justice populations more cost
15effectively, generating savings that can be reinvested in
16evidence-based strategies that increase public safety while holding
17offenders accountable.
18(e) In order to
properly implement the 2011 Realignment
19Legislation addressing public safety, it is the intent of the
20Legislature to fully commit to justice reinvestment by using
21identified state savings generated by the 2011 Realignment
22Legislation addressing public safety and any other necessary funds
23to provide local governments with maximum flexibility and
24adequate funding to manage these new offenders in the manner
25that is in the best interest of public safety, most appropriate to each
26county, and consistent with principles of justice reinvestment.
Chapter 6.4 (commencing with Section 30030) is added
28to Division 3 of Title 3 of the Government Code, to read:
29
For purposes of this chapter, “realigned offenders”
33means offenders sentenced to a county jail or to mandatory
34supervision, or to both county jail and mandatory supervision,
35pursuant to subdivision (h) of Section 1170 of the Penal Code,
36offenders subject to postrelease community supervision pursuant
37to Title 2.05 (commencing with Section 3450) of Part 3 of the
38Penal Code, and any other offenders under county supervision
39whose supervision would have been the responsibility of the state
P5 1if the 2011 Realignment Legislation addressing public safety had
2not been enacted.
(a) (1) The Realignment Reinvestment Fund is hereby
4established in the State Treasury. Moneys in the fund are
5continuously appropriated and shall be used exclusively for the
6purposes of this chapter.
7(2) (A) Beginning in 2014, on or after July 1, and no later than
8August 31 of each year, the Director of Finance shall, in
9consultation with the Legislative Analyst, annually calculate both
10of the following:
11(i) The actual net savings to the state for the immediately
12preceding fiscal year resulting from the 2011 Realignment
13Legislation addressing public safety.
14(ii) An estimate of the net savings to the state for the current
15fiscal year resulting from the 2011 Realignment Legislation
16addressing public safety.
17(B) Provided there are savings, the calculations shall be made
18for each fiscal year by subtracting the amount calculated pursuant
19to subparagraph (D) from the amount calculated pursuant to
20subparagraph (C) for each fiscal year.
21(C) (i) For the calculation pursuant to clause (i) of subparagraph
22(A), the sum of all expenditure reductions, less cost increases,
23affecting the Department of Corrections and Rehabilitation in the
24fiscal year for which the calculation is being made that are a result
25of the 2011 Realignment Legislation addressing public safety.
26(ii) For the calculation pursuant to clause (ii) of subparagraph
27(A), the projected sum of all expenditure reductions, less cost
28increases, affecting the Department of Corrections and
29Rehabilitation in the fiscal year for which the calculation is being
30made that are a result of the 2011 Realignment Legislation
31addressing public safety.
32(D) (i) For the calculation pursuant to clause (i) of subparagraph
33(A), the sum of the allocations made from the Community
34Corrections Subaccount, the Community Corrections Growth
35Special Account, the District Attorney and Public Defender
36Subaccount, and the District Attorney and Public Defender Growth
37Special Account in the fiscal year for which the calculation is being
38made, less four hundred fifty-three million dollars
($453,000,000).
39(ii) For the calculation pursuant to clause (ii) of subparagraph
40(A), the sum of the allocations projected to be made from the
P6 1Community Corrections Subaccount, the Community Corrections
2Growth Special Account, the District Attorney and Public Defender
3Subaccount, and the District Attorney and Public Defender Growth
4Special Account in the fiscal year for which the calculation is being
5made, less four hundred fifty-three million dollars ($453,000,000).
6(3) For the 2013-14 fiscal year, the Controller shall transfer
7eight hundred nineteen million eight hundred fifty-seven thousand
8dollars ($819,857,000) from the General Fund to the Realignment
9Reinvestment Fund for allocation pursuant to paragraph (5).
10(4) Beginning with the 2014-15 fiscal year, and each fiscal year
11thereafter, the Controller shall transfer an amount equal to the
12difference between the amount identified in subparagraph (A) and
13the amount identified in subparagraph (B) from the General Fund
14to the Realignment Reinvestment Fund for allocation pursuant to
15paragraph (5).
16(A) The estimate of net savings for the current fiscal year
17calculated pursuant to clause (ii) of subparagraph (A) of paragraph
18(2).
19(B) An adjustment for the immediately preceding fiscal year
20that is the result of subtracting the amount calculated pursuant to
21clause (i) of subparagraph (A) of paragraph (2) for that fiscal year
22from the amount estimated pursuant to clause (ii) of subparagraph
23(A) of paragraph (2) for that fiscal
year.
24(5) The Controller shall annually allocate moneys in the
25Realignment Reinvestment Fund, no later than September 1 of
26each year, to each county and city and county, for deposit in the
27county’s or city and county’s Realignment Reinvestment Services
28Account proportionally, based on the average daily population of
29realigned offenders under each county’s supervision for the
30preceding fiscal year. The Controller shall consult with the Board
31of State and Community Corrections to determine the average
32daily population for each county.
33(b) There shall be established in each county or city and county
34treasury a Realignment Reinvestment Services Account to receive
35all amounts allocated to a county or city and county for purposes
36of implementing this chapter.
37(c) (1) Each county local Community Corrections Partnership
38established pursuant to subdivision (b) of Section 1230 of the Penal
39Code shall recommend a comprehensive, locally run supplemental
40community-based corrections plan to the county board of
P7 1supervisors. The purpose of the plan shall be to improve the
2outcomes of the 2011 Realignment Legislation addressing public
3safety. The plan may include, but shall not be limited to, mental
4health programs, substance abuse programs, transitional housing
5programs, job placement programs, improved supervision
6strategies, community-based punishment programs, increased law
7enforcement staffing in cities and counties, county jail construction,
8maintenance, and operation, assessment and criminal prosecution
9of realigned offenders, and supervision or aftercare for offenders
10
sentenced pursuant to subdivision (h) of Section 1170 of the Penal
11Code and offenders subject to postrelease community supervision
12pursuant to Section 3451 of the Penal Code.
13(A) The supplemental community-based corrections plan may
14include, but shall not be limited to, all of the following components:
15(i) An assessment of existing law enforcement, probation,
16education, mental health, health, social services, drug and alcohol,
17and other services that specifically target realigned offenders, and
18their families.
19(ii) An identification and prioritization of the neighborhoods
20and other areas in the community that face a significant public
21safety risk from realigned offenders and associated crimes,
22including, but
not limited to, gang activity, burglary, robbery,
23vandalism, controlled substances sales, firearm-related violence,
24and substance abuse.
25(iii) A local action strategy that provides for a continuum of
26responses to crime and demonstrates a collaborative and integrated
27approach for implementing a system of swift, certain, and
28graduated responses for realigned offenders.
29(iv) A schedule of programs identified in clause (iii) that are
30proposed to be funded pursuant to this subparagraph, including
31the projected amount of funding for each program.
32(v) An accounting of the number of new crimes or violations
33committed by realigned offenders.
34(vi) An evaluation of
existing services and any gaps that may
35exist in those services.
36(B) Programs proposed to be funded shall satisfy all of the
37following requirements:
38(i) Be based on evidence-based programs and approaches that
39have been demonstrated to be effective in reducing crime, or
P8 1programs that improve public safety through incapacitation,
2prosecution, or treatment of realigned offenders.
3(ii) Employ information sharing systems to ensure that county
4and city actions are fully coordinated and designed to provide data
5for measuring the success of programs and strategies.
6(C) The plan shall also identify the specific objectives of the
7programs proposed for funding and
specified outcome measures
8to determine the effectiveness of the programs and contain an
9accounting for all program participants, including those who do
10not complete the programs. Outcome measures of the programs
11proposed to be funded shall include, but not be limited to, all of
12the following when that data is available and relevant to the
13program:
14(i) The rate of arrests per 100,000 population.
15(ii) The rate of successful completion of probation and
16postrelease community supervision.
17(iii) The rate of successful completion of restitution and
18court-ordered community service responsibilities.
19(iv) Arrest, incarceration, and probation violation rates of
20realigned
offenders and other program participants.
21(v) Quantification of the annual per capita costs of the program.
22(D) To assess the effectiveness of programs funded pursuant to
23this paragraph using the program outcome criteria specified in
24subparagraph (C), the following periodic reports shall be submitted:
25(i) Each county or city and county shall report, beginning
26October 15, 2015, and annually each October 15 thereafter, to the
27county board of supervisors and the Board of State and Community
28Corrections, in a format specified by the board, on the programs
29funded pursuant to this chapter and program outcomes as specified
30in subparagraph (C).
31(ii) The Board of State and
Community Corrections shall
32compile the local reports and, by March 15, 2015, and by March
3315 of each year thereafter, make a report to the Governor and the
34Legislature on program expenditures within each county and city
35and county funded pursuant to this section and on the outcomes
36as specified in subparagraph (C). A report submitted pursuant to
37this clause shall be submitted in compliance with Section 9795 of
38the Government Code.
39(2) The supplemental community-based corrections plan shall
40be voted on by an executive committee of each county’s
P9 1Community Corrections Partnership consisting of the chief
2probation officer of the county as chair, a chief of police, the
3sheriff, the District Attorney, the Public Defender, the presiding
4judge of the superior court, or his or her designee, and one
5department representative listed in
either subparagraph (G), (H),
6or (J) of paragraph (2) of subdivision (b) of Section 1230 of the
7Penal Code, as designated by the county board of supervisors for
8purposes related to the development and presentation of the plan.
9(3) If a supplemental community-based corrections plan has
10been previously approved by a county’s or city and county’s local
11Community Corrections Partnership, the plan shall be reviewed
12
annually and modified as needed.
13(4) The supplemental community-based corrections plan or
14modified supplemental community-based corrections plan shall
15be deemed accepted by the county board of supervisors unless the
16board rejects the plan by a vote of four-fifths of the board, in which
17case the plan shall go back to the Community Corrections
18Partnership for further consideration.
19(5) The supplemental community-based corrections plan or
20modified supplemental community-based corrections plan shall
21be submitted to the Board of State and Community Corrections
22no later than October 15 of each year.
23(d) The Controller shall allocate funds to local jurisdictions for
24public safety in accordance with this
section as described in
25subdivision (a).
26(e) Funds allocated pursuant to subdivision (c) shall be expended
27or encumbered in accordance with this chapter no later than June
2830 of the following fiscal year. A local agency that has not met
29the requirement of this subdivision shall remit the unspent moneys
30in the Realignment Reinvestment Services Account to the
31Controller for deposit in the Realignment Reinvestment Fund.
32(f) Beginning in 2014, and no later than May 1 of each year,
33the Director of Finance shall, in consultation with the Legislative
34Analyst, develop an estimate of the cost avoidances expected to
35be realized by the Department of Corrections and Rehabilitation
36in the current fiscal year that are a result of the 2011 Realignment
37Legislation addressing public safety and
report those estimates to
38the chairpersons of the committees in each house of the Legislature
39that consider appropriations and to the Chairperson of the Joint
40Legislative Budget Committee. A report submitted pursuant to
P10 1
this subdivision shall be submitted in compliance with Section
29795 of the Government Code. The Legislature may consider each
3year whether to appropriate funds in augmentation of the moneys
4otherwise allocated pursuant to this chapter in an amount up to
5and including the amount of cost avoidances reported pursuant to
6this subdivision.
(a) Moneys allocated from a Realignment Reinvestment
8Services Account to a recipient entity shall be expended exclusively
9for services included in the county’s or city and county’s
10supplemental community-based corrections plan. These moneys
11shall supplement existing services, and shall not be used to supplant
12any existing funding for law enforcement services or programs or
13activities included in the supplemental community-based
14corrections plan provided by that entity.
15(b) In no event shall any moneys allocated from the county’s
16or city and county’s Realignment Reinvestment Services Account
17be expended by a recipient entity to fund any of the following:
18(1) Administrative overhead costs in excess of 1 percent of a
19recipient entity’s Realignment Reinvestment Services Account
20allocation for that fiscal year.
21(2) The costs of any capital project or construction project that
22does not directly support programs or activities included in the
23supplemental community-based corrections plan.
24(c) For purposes of this section, both of the following shall
25apply:
26(1) A “recipient entity” is that entity that actually incurs the
27expenditures of Realignment Reinvestment Services Account funds
28allocated pursuant to subdivision (c) of Section 30301.
29(2) Administrative overhead costs shall only be charged by the
30recipient entity, as defined in paragraph (1), up to 1 percent of its
31Realignment Reinvestment Services Account allocation.
The moneys in the Realignment Reinvestment Services
33Account established pursuant to subdivision (b) of Section 30031
34in each county or city and county shall be expended exclusively
35as required by this chapter. Moneys allocated from the account
36shall not be transferred to, or commingled with, the moneys in any
37other fund in the county or city and county treasury, except that
38moneys may be transferred from the account to the county’s or
39city and county’s general fund to the extent necessary to facilitate
P11 1the appropriation and expenditure of those transferred moneys in
2the manner required by this chapter.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
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