California 2009-2010 Regular Session Status: Enacted

AB 1628 — Corrections.

Last action — Chaptered by Secretary of State - Chapter 729, Statutes of 2010.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Public Safety and Offender Rehabilitation Services Act of 2007, among other things, authorizes the Department of Corrections and Rehabilitation (CDCR) , a participating county, as defined, and the State Public Works Board (SPWB) to enter into a construction agreement in order to acquire, design, and construct a local jail facility approved by the Corrections Standards Authority, as specified. The act further authorizes the SPWB to issue up to $750,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, or construction of approved local jail facilities and appropriates funds for that purpose. Existing law requires the Corrections Standards Authority to adhere to its duly adopted regulations for the approval or disapproval of local jail facilities or local youthful offender rehabilitative facilities, as specified, and prohibits the encumbrance of state moneys in contracts let by a participating county until final architectural plans and specifications have been approved by the Corrections Standards Authority, and subsequent construction bids have been received. This bill would, instead, prohibit the encumbrance of state moneys in contracts let by a participating county pursuant to those provisions until either (1) final architectural plans and specifications have been approved by the Corrections Standards Authority and subsequent construction bids have been received or (2) specified documents prepared by the participating county have been approved by the Corrections Standards Authority and a design-build contract has been awarded, as prescribed. Existing law requires that the licensure requirements for professional personnel, including psychologists, clinical social workers, and marriage and family therapists, among others, in state and other governmental health facilities, be not less than for those in privately owned health facilities. Existing law authorizes the State Department of Public Health and the Department of Corrections and Rehabilitation to grant a waiver from licensure requirements for persons employed in publicly operated health facilities who are gaining qualifying experience for licensure. The waiver may not exceed 4 years for marriage and family therapists or clinical social workers. Existing law also permits the State Department of Public Health to grant these practitioners a waiver for one additional year under certain extenuating circumstances. This bill would authorize the Secretary of the Department of Corrections and Rehabilitation to grant, under specified circumstances, a 3-year waiver for psychologists and a 4-year waiver for clinical social workers who work for the department. The bill would also authorize the secretary to grant a clinical social worker a waiver for one additional year under certain extenuating circumstances. Existing law requires the Department of Corrections and Rehabilitation to report annually to the Joint Legislative Budget Committee its operational and fiscal information, to be displayed in the Governor's proposed budget. Existing law requires that the information in the report include data for the 3 most recently ended fiscal years regarding per capita costs, average daily population, offender to staff ratios, and parolees, among other things. Existing law requires the department to provide a supplemental report in addition to the above report. Existing law requires that the supplemental report provide information for the 3 most recently ended fiscal years on the operational level and outcomes associated with security, prison education and treatment programs, prison health care operations, parole matters, and juvenile matters, among others. This bill would require the department to provide the Joint Legislative Budget Committee an annual report on the outcomes of department operations and activities specified in the supplemental report of the annual Budget Act. The bill would require that the report include data for the 3 most recently ended fiscal years and to establish target performance goals for each performance measurement included in the supplemental report of the annual Budget Act and in the department's strategic plan. The bill would require the department to include an explanation for why it did not achieve prior target performance goals. The bill would require the department to post this report on its Internet Web site. Existing law establishes the Department of Corrections and Rehabilitation and charges it with various duties and obligations. Existing law provides that it is the intent of the Legislature that the department operate in the most cost-effective and efficient manner possible when purchasing health care services for inmates. Existing law provides that the department may contract with providers of health care services and health care network providers, including, but not limited to, health plans, preferred provider organizations, and other health care network managers. This bill would require the department to maintain a statewide utilization management program, as defined, which would include, but not be limited to, the review, approval, and oversight of community hospital bed usage and case management processes for high medical risk and high medical cost patients. The bill would require the department to develop and implement policies and procedures to ensure that all adult prisons employ the same statewide utilization management program. The bill would require the department to establish annual quantitative utilization management performance objectives and to report to specified legislative committees on, among other things, its success or failure in meeting those objectives, as specified. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing federal law does not provide for payments with respect to care or services for any individual who is an inmate in a public institution. This bill would authorize the department, and the State Department of Health Care Services, to the extent that federal participation is not jeopardized and federal approval is obtained, to develop a process for the provision of inpatient hospital services to inmates who would otherwise be eligible for Medi-Cal or the Coverage Expansion and Enrollment Demonstration (CEED) project, but for their institutional status as inmates. This bill would require a CEED project to reimburse a provider for the delivery of inpatient hospital services rendered to an inmate whose county of last legal residence participates in the CEED project. The bill would require the secretary of the department, in conjunction with the State Department of Health Care Services to develop a process to reimburse CEED projects for the nonfederal share of the costs and for administrative costs. This bill would state that CEED projects shall not experience any additional net expenditures of county funds due to the provision of services pursuant to these provisions. This bill would permit, to the extent federal participation is available, the State Department of Health Care Services to provide Medi-Cal eligibility and reimbursement for inpatient hospital services to inmates, as defined. The bill would also authorize a county to seek reimbursement from the Medi-Cal program or the responsible CEED program for the provision of inpatient hospital services to adults in county facilities, in which case this bill would provide that the county would be responsible for the nonfederal share of the reimbursement. To the extent this bill imposes new duties on counties in the administration of the Medi-Cal program, this bill would impose a state-mandated local program. Existing law provides that it is the intent of the Legislature that the Department of Corrections and Rehabilitation, in cooperation with the Department of General Services and other appropriate state agencies, take prompt action to adopt cost-effective reforms in its drug and medical supply procurement processes, as specified. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to adopt regulations requiring manufacturers of drugs to pay the department a rebate for the purchase of drugs for offenders in state custody that is at least equal to the rebate that would be applicable to the drugs under the federal Social Security Act. This bill would authorize the Department of Corrections and Rehabilitation to maintain and operate a comprehensive pharmacy services program for those facilities under the jurisdiction of the department that incorporates, among other things, a statewide pharmacy administration system with direct authority and responsibility for program oversight and a multidisciplinary, statewide Pharmacy and Therapeutics Committee with specified responsibilities. The bill would authorize the department to operate and maintain a centralized pharmacy distribution center, as specified. The bill would authorize the department to investigate and initiate potential systematic improvements in order to provide for the safe and efficient distribution and control of, and accountability for, drugs within the department's system. The bill would state that the department should ensure that there is a program providing for the regular inspection of all the department's pharmacies to verify compliance with applicable rules, regulations, and other standards, as specified. The bill would require the department to report specified information to specified legislative committees relating to its pharmaceutical costs and its operation of a fully functioning and centralized pharmacy distribution center. Existing law appropriates $300,000,000 from the General Fund for capital outlay to be allocated to renovate, improve, or expand infrastructure capacity at existing prison facilities. Existing law also authorizes the funds to be used for land acquisition, environmental services, architectural programming, engineering assessments, schematic design, preliminary plans, working drawings, and construction. Existing law also authorizes the funds to be used to address deficiencies related to utility systems owned by local government entities and serving state prison facilities, as specified. In addition to the above, this bill would allow for these funds to be used for study and acquisition of options to purchase real property for reentry facilities, thereby making an appropriation. The bill would provide for the allocation of funds for site investigation and real estate due diligence activities preliminary to the site selection, and acquisition of interests in real property. The bill would authorize the Department of Corrections and Rehabilitation, in performing these activities, to enter into agreements for the acquisition of an option to purchase real property upon approval of the State Public Works Board. This bill would also allow for these funds to be used for the design and construction of improvements to dental facilities at state prison facilities, thereby making an appropriation. The bill would also make changes regarding the calculation of design-build project augmentations from these funds. Existing law authorizes the State Public Works Board to issue up to $100,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, renovation, or construction, and a reasonable construction reserve, of approved local youthful offender rehabilitative facilities. Proceeds from the revenue bonds, notes, or bond anticipation notes may be utilized to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects. The funds derived pursuant to these provisions are continuously appropriated. This bill would increase that amount to $300,000,000. The bill would also revise the specified uses for the proceeds from the revenue bonds, notes, or bond anticipation notes for approved projects to refer to design, rather than preliminary plans and working drawings. Because the bill would increase the amount of these continuously appropriated funds, the bill would make an appropriation. Existing law authorizes the juvenile court to retain jurisdiction over a ward of the court who attains 21 years of age, or, if the person has committed any of specified offenses, until the person attains 25 years of age. Existing law directs the Board of Parole Hearings to exercise certain powers and duties over juvenile offenders, including discharges of commitment, orders to parole and conditions thereof, and revocation or suspension of parole. Other duties are exercised by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, including the return of persons to the court of commitment for redisposition by the court, determination of offense category, setting of parole consideration dates, conducting annual reviews, treatment program orders, institution placements, and furlough placements. This bill would revise provisions governing the powers and duties of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and the Board of Parole Hearings with respect to the parole of wards from the Division of Juvenile Facilities. Among other changes, the bill would specifically require the Juvenile Parole Board, rather than the Board of Parole Hearings, to carry out specified duties relating to the release and supervision on parole of wards from the custody of the Division of Juvenile Facilities. With respect to wards who are released on parole prior to the 90th day after the enactment of the act, the law would remain substantively the same until July 1, 2014. With respect to wards who are released on parole on or after the 90th day after the enactment of the act, the bill would enact new procedural provisions that would remain in effect until July 1, 2014. These latter changes would include eliminating the power of revocation or suspension of parole as a state duty exercised by the Juvenile Parole Board, and instead require the court to establish the conditions of the ward's supervision and the county of commitment to supervise a ward released on parole. On and after July 1, 2014, the latter provisions would apply to all wards released on parole from the Division of Juvenile Facilities. By imposing additional duties on counties, this bill would create a state-mandated local program. The bill would also establish a Juvenile Reentry Fund. Moneys allocated for local supervision of persons discharged from the custody of the Division of Juvenile Facilities would be deposited into this fund from the General Fund and those moneys would be expended exclusively to address local program needs for those persons. Moneys deposited into this fund would be administered by the Controller and the share calculated for each county would be transferred to its Juvenile Reentry Fund, as specified. The bill would authorize each county to establish in the county treasury a Juvenile Reentry Fund to receive all amounts allocated to that county for these purposes, as specified. The bill would require the Department of Corrections and Rehabilitation, Division of Juvenile Justice and the Chief Probation Officers of California to each provide an annual report to the Department of Finance, commencing July 10, 2011, and annually thereafter, for the preceding fiscal year, containing specified information sorted by county relating to these provisions. By imposing additional duties on local employees, the bill would create a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 729, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 12:15 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 71. Noes 3. Page 7136.)

  5. Assembly Rule 77 suspended. (Page 7136.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 32. Noes 3. Page 5233.)

  8. Joint Rule 10.5 suspended. (Page 5222.)

  9. Senate Rule 29.3 suspended.

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

  12. Read second time. To third reading.

  13. Withdrawn from committee. Ordered placed on second reading file.

  14. Referred to Com. on RLS.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 45. Noes 7. Page 4808.)

  17. Read second time. To third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (April 15).

  20. Joint Rule 62(a), file notice suspended. (Page 4592.)

  21. Referred to Com. on BUDGET.

  22. From printer. May be heard in committee February 11.

  23. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Committee on Budget

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1628 BUDGET Concurrence- Urgency Added By BLUMENFIELD

Passed 81 Yea · 3 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 75306
Republican 3000
Total 81306
% of votes cast 90%3%0%7%
How each member voted (90)
Member Party Vote
Bill — Yea
Charles — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
De — Yea
La — Yea
Torre — Yea
Garrick — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Tom — Not Voting
De — Not Voting
Leon — Not Voting
Portantino — Not Voting
Conway — Yea
Cook — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Nay
Lieu — Nay
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Anderson — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Not Voting
Miller — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Chesbro — Yea
Coto — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 2nd Reading AB1628 Committee on BUDGET (Blumenfield) Urgency Clause

Passed 33 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 30304
Democratic 2000
Republican 1000
Total 33304
% of votes cast 83%8%0%10%
How each member voted (40)
Member Party Vote
Yee — Nay
Hancock — Yea
Cedillo — Not Voting
Corbett — Yea
Ducheny — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Dutton — Yea
Leno — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Blakeslee — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wright — Yea
Aanestad — Not Voting
Harman — Yea
Liu — Yea
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wyland — Yea
Cogdill — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1628 BUDGET Assembly Third Reading By BLUMENFIELD

Passed 54 Yea · 7 Nay · 30 Other
Party YeaNayPresentNot Voting
Unaffiliated 517027
Democratic 2001
Republican 1002
Total 547030
% of votes cast 59%8%0%33%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Not Voting
Eng — Yea
Feuer — Yea
Charles — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Not Voting
Coto — Yea
Bill — Not Voting
Tom — Not Voting
Harkey — Nay
Hernandez — Yea
Hill — Yea
Knight — Nay
Lieu — Yea
Fletcher — Not Voting
Anderson — Nay
Bass — Yea
Blakeslee — Not Voting
Davis — Yea
DeVore — Not Voting
Logue — Nay
Mendoza — Yea
Nava — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Portantino — Not Voting
Audra — Not Voting
Hagman — Not Voting
Nestande — Not Voting
Norby — Not Voting
Silva — Not Voting
Smyth — Not Voting
Villines — Not Voting
Adams — Not Voting
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Not Voting
Huffman — Not Voting
Jeffries — Nay
Ma — Yea
Miller — Not Voting
Monning — Yea
Nielsen — Not Voting
Skinner — Yea
Torlakson — Yea
Tran — Not Voting
Emmerson — Not Voting
Evans — Yea
Fuller — Nay
Garrick — Not Voting
Gilmore — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 140013
Democratic 2000
Republican 0001
Total 160014
% of votes cast 53%0%0%47%
How each member voted (30)
Member Party Vote
Carter — Yea
Evans — Not Voting
Chesbro — Yea
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
Cook — Not Voting
Bill — Not Voting
Adams — Not Voting
Beall — Yea
Harkey — Not Voting
Huffman — Yea
Ruskin — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Jeffries — Not Voting
Nestande — Not Voting
Nielsen — Not Voting
Silva — Not Voting
Swanson — Yea
Emmerson — Not Voting
Fuller — Not Voting
Furutani — Yea
Gilmore — Not Voting
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety housing civil-rights healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1628 do?
The Public Safety and Offender Rehabilitation Services Act of 2007, among other things, authorizes the Department of Corrections and Rehabilitation (CDCR) , a participating county, as defined, and the State Public Works Board (SPWB) to enter into a construction agreement in order to acquire, design, and construct a local jail facility approved by the Corrections Standards Authority, as specified. The act further authorizes the SPWB to issue up to $750,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, or construction of approved local jail facilities and appropriates funds for that purpose. Existing law requires the Corrections Standards Authority to adhere to its duly adopted regulations for the approval or disapproval of local jail facilities or local youthful offender rehabilitative facilities, as specified, and prohibits the encumbrance of state moneys in contracts let by a participating county until final architectural plans and specifications have been approved by the Corrections Standards Authority, and subsequent construction bids have been received. This bill would, instead, prohibit the encumbrance of state moneys in contracts let by a participating county pursuant to those provisions until either (1) final architectural plans and specifications have been approved by the Corrections Standards Authority and subsequent construction bids have been received or (2) specified documents prepared by the participating county have been approved by the Corrections Standards Authority and a design-build contract has been awarded, as prescribed. Existing law requires that the licensure requirements for professional personnel, including psychologists, clinical social workers, and marriage and family therapists, among others, in state and other governmental health facilities, be not less than for those in privately owned health facilities. Existing law authorizes the State Department of Public Health and the Department of Corrections and Rehabilitation to grant a waiver from licensure requirements for persons employed in publicly operated health facilities who are gaining qualifying experience for licensure. The waiver may not exceed 4 years for marriage and family therapists or clinical social workers. Existing law also permits the State Department of Public Health to grant these practitioners a waiver for one additional year under certain extenuating circumstances. This bill would authorize the Secretary of the Department of Corrections and Rehabilitation to grant, under specified circumstances, a 3-year waiver for psychologists and a 4-year waiver for clinical social workers who work for the department. The bill would also authorize the secretary to grant a clinical social worker a waiver for one additional year under certain extenuating circumstances. Existing law requires the Department of Corrections and Rehabilitation to report annually to the Joint Legislative Budget Committee its operational and fiscal information, to be displayed in the Governor's proposed budget. Existing law requires that the information in the report include data for the 3 most recently ended fiscal years regarding per capita costs, average daily population, offender to staff ratios, and parolees, among other things. Existing law requires the department to provide a supplemental report in addition to the above report. Existing law requires that the supplemental report provide information for the 3 most recently ended fiscal years on the operational level and outcomes associated with security, prison education and treatment programs, prison health care operations, parole matters, and juvenile matters, among others. This bill would require the department to provide the Joint Legislative Budget Committee an annual report on the outcomes of department operations and activities specified in the supplemental report of the annual Budget Act. The bill would require that the report include data for the 3 most recently ended fiscal years and to establish target performance goals for each performance measurement included in the supplemental report of the annual Budget Act and in the department's strategic plan. The bill would require the department to include an explanation for why it did not achieve prior target performance goals. The bill would require the department to post this report on its Internet Web site. Existing law establishes the Department of Corrections and Rehabilitation and charges it with various duties and obligations. Existing law provides that it is the intent of the Legislature that the department operate in the most cost-effective and efficient manner possible when purchasing health care services for inmates. Existing law provides that the department may contract with providers of health care services and health care network providers, including, but not limited to, health plans, preferred provider organizations, and other health care network managers. This bill would require the department to maintain a statewide utilization management program, as defined, which would include, but not be limited to, the review, approval, and oversight of community hospital bed usage and case management processes for high medical risk and high medical cost patients. The bill would require the department to develop and implement policies and procedures to ensure that all adult prisons employ the same statewide utilization management program. The bill would require the department to establish annual quantitative utilization management performance objectives and to report to specified legislative committees on, among other things, its success or failure in meeting those objectives, as specified. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing federal law does not provide for payments with respect to care or services for any individual who is an inmate in a public institution. This bill would authorize the department, and the State Department of Health Care Services, to the extent that federal participation is not jeopardized and federal approval is obtained, to develop a process for the provision of inpatient hospital services to inmates who would otherwise be eligible for Medi-Cal or the Coverage Expansion and Enrollment Demonstration (CEED) project, but for their institutional status as inmates. This bill would require a CEED project to reimburse a provider for the delivery of inpatient hospital services rendered to an inmate whose county of last legal residence participates in the CEED project. The bill would require the secretary of the department, in conjunction with the State Department of Health Care Services to develop a process to reimburse CEED projects for the nonfederal share of the costs and for administrative costs. This bill would state that CEED projects shall not experience any additional net expenditures of county funds due to the provision of services pursuant to these provisions. This bill would permit, to the extent federal participation is available, the State Department of Health Care Services to provide Medi-Cal eligibility and reimbursement for inpatient hospital services to inmates, as defined. The bill would also authorize a county to seek reimbursement from the Medi-Cal program or the responsible CEED program for the provision of inpatient hospital services to adults in county facilities, in which case this bill would provide that the county would be responsible for the nonfederal share of the reimbursement. To the extent this bill imposes new duties on counties in the administration of the Medi-Cal program, this bill would impose a state-mandated local program. Existing law provides that it is the intent of the Legislature that the Department of Corrections and Rehabilitation, in cooperation with the Department of General Services and other appropriate state agencies, take prompt action to adopt cost-effective reforms in its drug and medical supply procurement processes, as specified. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to adopt regulations requiring manufacturers of drugs to pay the department a rebate for the purchase of drugs for offenders in state custody that is at least equal to the rebate that would be applicable to the drugs under the federal Social Security Act. This bill would authorize the Department of Corrections and Rehabilitation to maintain and operate a comprehensive pharmacy services program for those facilities under the jurisdiction of the department that incorporates, among other things, a statewide pharmacy administration system with direct authority and responsibility for program oversight and a multidisciplinary, statewide Pharmacy and Therapeutics Committee with specified responsibilities. The bill would authorize the department to operate and maintain a centralized pharmacy distribution center, as specified. The bill would authorize the department to investigate and initiate potential systematic improvements in order to provide for the safe and efficient distribution and control of, and accountability for, drugs within the department's system. The bill would state that the department should ensure that there is a program providing for the regular inspection of all the department's pharmacies to verify compliance with applicable rules, regulations, and other standards, as specified. The bill would require the department to report specified information to specified legislative committees relating to its pharmaceutical costs and its operation of a fully functioning and centralized pharmacy distribution center. Existing law appropriates $300,000,000 from the General Fund for capital outlay to be allocated to renovate, improve, or expand infrastructure capacity at existing prison facilities. Existing law also authorizes the funds to be used for land acquisition, environmental services, architectural programming, engineering assessments, schematic design, preliminary plans, working drawings, and construction. Existing law also authorizes the funds to be used to address deficiencies related to utility systems owned by local government entities and serving state prison facilities, as specified. In addition to the above, this bill would allow for these funds to be used for study and acquisition of options to purchase real property for reentry facilities, thereby making an appropriation. The bill would provide for the allocation of funds for site investigation and real estate due diligence activities preliminary to the site selection, and acquisition of interests in real property. The bill would authorize the Department of Corrections and Rehabilitation, in performing these activities, to enter into agreements for the acquisition of an option to purchase real property upon approval of the State Public Works Board. This bill would also allow for these funds to be used for the design and construction of improvements to dental facilities at state prison facilities, thereby making an appropriation. The bill would also make changes regarding the calculation of design-build project augmentations from these funds. Existing law authorizes the State Public Works Board to issue up to $100,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, renovation, or construction, and a reasonable construction reserve, of approved local youthful offender rehabilitative facilities. Proceeds from the revenue bonds, notes, or bond anticipation notes may be utilized to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects. The funds derived pursuant to these provisions are continuously appropriated. This bill would increase that amount to $300,000,000. The bill would also revise the specified uses for the proceeds from the revenue bonds, notes, or bond anticipation notes for approved projects to refer to design, rather than preliminary plans and working drawings. Because the bill would increase the amount of these continuously appropriated funds, the bill would make an appropriation. Existing law authorizes the juvenile court to retain jurisdiction over a ward of the court who attains 21 years of age, or, if the person has committed any of specified offenses, until the person attains 25 years of age. Existing law directs the Board of Parole Hearings to exercise certain powers and duties over juvenile offenders, including discharges of commitment, orders to parole and conditions thereof, and revocation or suspension of parole. Other duties are exercised by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, including the return of persons to the court of commitment for redisposition by the court, determination of offense category, setting of parole consideration dates, conducting annual reviews, treatment program orders, institution placements, and furlough placements. This bill would revise provisions governing the powers and duties of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and the Board of Parole Hearings with respect to the parole of wards from the Division of Juvenile Facilities. Among other changes, the bill would specifically require the Juvenile Parole Board, rather than the Board of Parole Hearings, to carry out specified duties relating to the release and supervision on parole of wards from the custody of the Division of Juvenile Facilities. With respect to wards who are released on parole prior to the 90th day after the enactment of the act, the law would remain substantively the same until July 1, 2014. With respect to wards who are released on parole on or after the 90th day after the enactment of the act, the bill would enact new procedural provisions that would remain in effect until July 1, 2014. These latter changes would include eliminating the power of revocation or suspension of parole as a state duty exercised by the Juvenile Parole Board, and instead require the court to establish the conditions of the ward's supervision and the county of commitment to supervise a ward released on parole. On and after July 1, 2014, the latter provisions would apply to all wards released on parole from the Division of Juvenile Facilities. By imposing additional duties on counties, this bill would create a state-mandated local program. The bill would also establish a Juvenile Reentry Fund. Moneys allocated for local supervision of persons discharged from the custody of the Division of Juvenile Facilities would be deposited into this fund from the General Fund and those moneys would be expended exclusively to address local program needs for those persons. Moneys deposited into this fund would be administered by the Controller and the share calculated for each county would be transferred to its Juvenile Reentry Fund, as specified. The bill would authorize each county to establish in the county treasury a Juvenile Reentry Fund to receive all amounts allocated to that county for these purposes, as specified. The bill would require the Department of Corrections and Rehabilitation, Division of Juvenile Justice and the Chief Probation Officers of California to each provide an annual report to the Department of Finance, commencing July 10, 2011, and annually thereafter, for the preceding fiscal year, containing specified information sorted by county relating to these provisions. By imposing additional duties on local employees, the bill would create a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1628?
AB 1628 is sponsored by Committee on Budget.
What is the current status of AB 1628?
This bill has been enacted into law. Introduced January 11, 2010. Enacted.
Where can I track AB 1628?
Track AB 1628 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1628

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1628

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →