California 2011-2012 Regular Session Status: Enacted

SB 92 — Budget Act of 2011.

Last action — Chaptered by Secretary of State. Chapter 36, Statutes of 2011.

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

This bill has been enacted into law. Introduced January 10, 2011. 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 3 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

(1) Existing law creates the California Emergency Council consisting of certain members and assigned certain powers and duties. This bill would, effective January 1, 2012, eliminate the California Emergency Council and would empower the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. (2) Existing law creates the independent Office of the Inspector General and provides that it is not a subdivision of any other government entity. The Inspector General and certain other employees of the office are peace officers provided that the primary duty of these peace officers is conducting audits of investigatory practices and other audits, as well as conducting investigations, of the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, and the Board of Parole Hearings. This bill would remove the Inspector General and the other employees from peace officer status. The bill would authorize the Inspector General and certain other employees to exercise the powers of arrest and serving warrants, as provided. Existing law requires the Inspector General to, among other things, review departmental policy and procedures, conduct audits of investigatory practices and other audits, be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process, and conduct investigations of the department, and audit each warden of an institution one year after his or her appointment and each correctional institution at least once every 4 years. Existing law establishes within the Office of the Inspector General a Bureau of Independent Review (BIR) . This bill would revise and recast the duties of the Inspector General to, among other things, remove the requirement that the Inspector General review departmental policy and procedures, conduct audits of investigatory practices and other audits, and conduct investigations of the department, and would instead provide that the Inspector General be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the department pursuant to provisions specifying the responsibilities of the Bureau of Independent Review. The bill would remove the requirement of the Inspector General to audit wardens. The bill would require the Inspector General to conduct an objective, clinically appropriate, and metric-oriented medical inspection program to periodically review delivery of medical care at each state prison. Existing law makes it a misdemeanor for the Inspector General or any employee or former employee of the Inspector General to divulge or make known in any manner not expressly permitted by law to any person not employed by the Inspector General any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. The prohibition also applies to, among others, any person or business entity that is contracting with or has contracted with the Inspector General and to the employees and former employees of that person or business entity. This bill would add any person that has been furnished a draft copy of any report for comment or review to the persons to whom the prohibition applies. Because the bill would expand the scope of a crime, it would create a state-mandated local program. (3) Existing law authorizes the Department of Corrections and Rehabilitation and the State Department of Health Care Services to develop a process to maximize federal financial participation for the provision of inpatient hospital services rendered to individuals who, but for their status as inmates, would otherwise be eligible for Medi-Cal or for the Coverage Expansion and Enrollment Demonstration Project, as provided. This bill would limit the development of the process to maximize federal financial participation to acute inpatient hospital services for inmates, and would require the federal reimbursement for inmates enrolled in Medi-Cal to occur through the State Department of Health Care Services, who would reimburse the Department of Corrections and Rehabilitation, and the federal reimbursement for inmates not enrolled in Medi-Cal but who are eligible for a Low Income Health Program (LIHP) would occur through a county LIHP, as provided. (4) Existing law creates the Corrections Standards Authority established within the Department of Corrections and Rehabilitation with the duty of studying the entire subject of crime. Existing law creates the California Council on Criminal Justice with certain powers and duties. Existing law creates the Office of Gang and Youth Violence Policy which is, among other things, responsible for identifying and evaluating state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. This bill, commencing July 1, 2012, would eliminate the Corrections Standards Authority, and assign its former duties to the newly created 12-member Board of State and Community Corrections and assign additional duties, as provided. Commencing July 1, 2012, the bill would eliminate the California Council on Criminal Justice and assign its powers and duties to the Board of State and Community Corrections, as provided. Commencing January 1, 2012, the bill would eliminate the Office of Gang and Youth Violence Policy. (5) Under existing law, the Corrections Standards Authority is responsible for developing, approving, and monitoring standards for the selection and training of state correctional peace officers and apprentices. This bill would create the Commission on Correctional Peace Officer Standards and Training, which would succeed to those functions. (6) Existing law establishes the State Community Corrections Performance Incentives Fund in order to receive moneys budgeted for the purposes of providing probation revocations incentive payments and high performance grants to county probation departments, as provided. This bill would provide that the State Community Corrections Performance Incentives Fund is established in the State Treasury, that the fund is continuously appropriated, thereby creating an appropriation, and that the moneys appropriated for the purposes of providing probation revocations incentive payments and high performance grants be transferred from the General Fund and administered as provided. (7) Existing law, beginning in 2012, requires the Judicial Council to provide a report twice a year to the Joint Legislative Budget Committee that provides information related to procurement contracts for the judicial branch. Existing law requires that certain required audits include an audit and report by the State Auditor on his or her assessment of the implementation of certain contracting provisions by the judicial branch. This bill would require that the report on procurements also be made to the State Auditor. The bill would require that, instead of the audit and report required above, commencing no earlier than July 1, 2011, and no later than December 15, 2012, the State Auditor establish a pilot program to audit 6 trial courts, and based on the results of the pilot program, on or before December 15, 2013, commence audits of the trial courts, as provided. The bill would also require that on or before December 15, 2013, and biennially thereafter, the State Auditor audit the Administrative Office of the Courts, the Habeas Corpus Resource Center, and the appellate courts, as provided. (8) Existing law permits a court committing a ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, to recall a commitment in the case of a ward whose commitment offense is not a specified offense and not a sex offense. This bill would allow the court to recall a commitment without regard to the underlying commitment offense. The bill would provide that this provision shall only be operative if the Director of Finance reduces an appropriation in the Budget Act of 2011, as specified. (9) Existing law required the county from which persons are committed to the Department of the Youth Authority to pay the state $176 per month for the time that person remains in any institution at the expense of the department. This bill would require counties from which persons are committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities to pay the state an annual rate of $125,000 for the time those persons remain in any institution under the direct supervision of the division or any other institution in which they are placed by the division. The bill would make conforming changes. The bill would provide that these provisions shall only become operative if the Director of Finance reduces an appropriation in the Budget Act of 2011, as specified. (10) This bill would appropriate $1,000 from the Trial Court Trust Fund to the judicial branch for court administration. (11) The bill would also make conforming changes. (12) 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 no reimbursement is required by this act for a specified reason. (13) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 36, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 9:50 p.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 15. Page 1617.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 51. Noes 28. Page 2094.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. Assembly Rule 96 suspended. (Page 2092.)

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  12. Referred to Com. on BUDGET.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 22. Noes 2. Page 170.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Withdrawn from committee.

  18. Referred to Com. on RLS.

  19. From printer. May be acted upon on or after February 10.

  20. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

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

SB 92 B. & F. R. Senate Third Reading By BLUMENFIELD

Passed 51 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 502601
Democratic 1000
Republican 0200
Total 512801
% of votes cast 64%35%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Cook — Nay
Yamada — Yea
Butler — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Fong — Yea
Allen — Yea
Hall — Yea
Hill — Yea
Campos — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Huffman — Yea
Carter — Yea
Ma — Yea
Bonilla — Yea
Atkins — Yea
Mendoza — Yea
Beall — Yea
Cedillo — Yea
Chesbro — Yea
Davis — Yea
Monning — Yea
Olsen — Nay
Perea — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Williams — Yea
Conway — Nay
Portantino — Nay
Fletcher — Nay
Donnelly — Nay
Garrick — Nay
Hagman — Nay
Halderman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Valadao — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Lara — Yea
Mansoor — Nay
Morrell — Nay
Pan — Yea
Skinner — Yea
Wagner — Nay
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

W/O REF. TO FILE SB92 Committee on B. & F.R. (Leno) Concurrence

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221401
Democratic 2000
Republican 0100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Fuller — Nay
Dutton — Nay
Runner — Nay
Hancock — Yea
Harman — Nay
Hernandez — Yea
Anderson — Nay
Blakeslee — Nay
Huff — Nay
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Alquist — Yea
Kehoe — Yea
Leno — Yea
Pavley — Yea
Wolk — Yea
Cannella — Nay
Emmerson — Nay
Correa — Not Voting
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

3rd Reading SB92 Committee on B. & F.R.

Passed 22 Yea · 2 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 202013
Democratic 2000
Republican 0001
Total 222014
% of votes cast 58%5%0%37%
How each member voted (38)
Member Party Vote
Yee — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Negrete McLeod — Yea
Rubio — Yea
Wyland — Nay
Cannella — Not Voting
Evans — Yea
Huff — Not Voting
Leno — Yea
Corbett — Yea
Correa — Yea
DeSaulnier — Yea
Dutton — Not Voting
Pavley — Not Voting
Walters — Not Voting
Alquist — Yea
Anderson — Nay
Blakeslee — Not Voting
Harman — Not Voting
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Price — Not Voting
Simitian — Yea
Vargas — Yea
Emmerson — Not Voting
Fuller — Not Voting
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
La Malfa — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

public-safety finance 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 SB 92 do?
(1) Existing law creates the California Emergency Council consisting of certain members and assigned certain powers and duties. This bill would, effective January 1, 2012, eliminate the California Emergency Council and would empower the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. (2) Existing law creates the independent Office of the Inspector General and provides that it is not a subdivision of any other government entity. The Inspector General and certain other employees of the office are peace officers provided that the primary duty of these peace officers is conducting audits of investigatory practices and other audits, as well as conducting investigations, of the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, and the Board of Parole Hearings. This bill would remove the Inspector General and the other employees from peace officer status. The bill would authorize the Inspector General and certain other employees to exercise the powers of arrest and serving warrants, as provided. Existing law requires the Inspector General to, among other things, review departmental policy and procedures, conduct audits of investigatory practices and other audits, be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process, and conduct investigations of the department, and audit each warden of an institution one year after his or her appointment and each correctional institution at least once every 4 years. Existing law establishes within the Office of the Inspector General a Bureau of Independent Review (BIR) . This bill would revise and recast the duties of the Inspector General to, among other things, remove the requirement that the Inspector General review departmental policy and procedures, conduct audits of investigatory practices and other audits, and conduct investigations of the department, and would instead provide that the Inspector General be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the department pursuant to provisions specifying the responsibilities of the Bureau of Independent Review. The bill would remove the requirement of the Inspector General to audit wardens. The bill would require the Inspector General to conduct an objective, clinically appropriate, and metric-oriented medical inspection program to periodically review delivery of medical care at each state prison. Existing law makes it a misdemeanor for the Inspector General or any employee or former employee of the Inspector General to divulge or make known in any manner not expressly permitted by law to any person not employed by the Inspector General any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. The prohibition also applies to, among others, any person or business entity that is contracting with or has contracted with the Inspector General and to the employees and former employees of that person or business entity. This bill would add any person that has been furnished a draft copy of any report for comment or review to the persons to whom the prohibition applies. Because the bill would expand the scope of a crime, it would create a state-mandated local program. (3) Existing law authorizes the Department of Corrections and Rehabilitation and the State Department of Health Care Services to develop a process to maximize federal financial participation for the provision of inpatient hospital services rendered to individuals who, but for their status as inmates, would otherwise be eligible for Medi-Cal or for the Coverage Expansion and Enrollment Demonstration Project, as provided. This bill would limit the development of the process to maximize federal financial participation to acute inpatient hospital services for inmates, and would require the federal reimbursement for inmates enrolled in Medi-Cal to occur through the State Department of Health Care Services, who would reimburse the Department of Corrections and Rehabilitation, and the federal reimbursement for inmates not enrolled in Medi-Cal but who are eligible for a Low Income Health Program (LIHP) would occur through a county LIHP, as provided. (4) Existing law creates the Corrections Standards Authority established within the Department of Corrections and Rehabilitation with the duty of studying the entire subject of crime. Existing law creates the California Council on Criminal Justice with certain powers and duties. Existing law creates the Office of Gang and Youth Violence Policy which is, among other things, responsible for identifying and evaluating state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. This bill, commencing July 1, 2012, would eliminate the Corrections Standards Authority, and assign its former duties to the newly created 12-member Board of State and Community Corrections and assign additional duties, as provided. Commencing July 1, 2012, the bill would eliminate the California Council on Criminal Justice and assign its powers and duties to the Board of State and Community Corrections, as provided. Commencing January 1, 2012, the bill would eliminate the Office of Gang and Youth Violence Policy. (5) Under existing law, the Corrections Standards Authority is responsible for developing, approving, and monitoring standards for the selection and training of state correctional peace officers and apprentices. This bill would create the Commission on Correctional Peace Officer Standards and Training, which would succeed to those functions. (6) Existing law establishes the State Community Corrections Performance Incentives Fund in order to receive moneys budgeted for the purposes of providing probation revocations incentive payments and high performance grants to county probation departments, as provided. This bill would provide that the State Community Corrections Performance Incentives Fund is established in the State Treasury, that the fund is continuously appropriated, thereby creating an appropriation, and that the moneys appropriated for the purposes of providing probation revocations incentive payments and high performance grants be transferred from the General Fund and administered as provided. (7) Existing law, beginning in 2012, requires the Judicial Council to provide a report twice a year to the Joint Legislative Budget Committee that provides information related to procurement contracts for the judicial branch. Existing law requires that certain required audits include an audit and report by the State Auditor on his or her assessment of the implementation of certain contracting provisions by the judicial branch. This bill would require that the report on procurements also be made to the State Auditor. The bill would require that, instead of the audit and report required above, commencing no earlier than July 1, 2011, and no later than December 15, 2012, the State Auditor establish a pilot program to audit 6 trial courts, and based on the results of the pilot program, on or before December 15, 2013, commence audits of the trial courts, as provided. The bill would also require that on or before December 15, 2013, and biennially thereafter, the State Auditor audit the Administrative Office of the Courts, the Habeas Corpus Resource Center, and the appellate courts, as provided. (8) Existing law permits a court committing a ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, to recall a commitment in the case of a ward whose commitment offense is not a specified offense and not a sex offense. This bill would allow the court to recall a commitment without regard to the underlying commitment offense. The bill would provide that this provision shall only be operative if the Director of Finance reduces an appropriation in the Budget Act of 2011, as specified. (9) Existing law required the county from which persons are committed to the Department of the Youth Authority to pay the state $176 per month for the time that person remains in any institution at the expense of the department. This bill would require counties from which persons are committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities to pay the state an annual rate of $125,000 for the time those persons remain in any institution under the direct supervision of the division or any other institution in which they are placed by the division. The bill would make conforming changes. The bill would provide that these provisions shall only become operative if the Director of Finance reduces an appropriation in the Budget Act of 2011, as specified. (10) This bill would appropriate $1,000 from the Trial Court Trust Fund to the judicial branch for court administration. (11) The bill would also make conforming changes. (12) 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 no reimbursement is required by this act for a specified reason. (13) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 92?
SB 92 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 92?
This bill has been enacted into law. Introduced January 10, 2011. Enacted.
Where can I track SB 92?
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