California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

SB 105 — Corrections.

Last action — Chaptered by Secretary of State. Chapter 310, Statutes of 2013.

Track this bill free

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

  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, 2013. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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

(1) Existing law requires the Department of Corrections and Rehabilitation to close the California Rehabilitation Center located in Norco, California, no later than either December 31, 2016, or 6 months after the construction of three Level II dorm facilities. This bill would suspend this requirement pending a review by the Department of Finance and the Department of Corrections and Rehabilitation that determines the facility can be closed. (2) The California Constitution establishes the civil service, to include every officer and employee of the state, except as provided, and requires permanent appointment and promotion in the civil service to be made under a general system based on merit ascertained by competitive examination. Existing law requires the appointing power in all cases not exempted by the California Constitution to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with specified provisions of law, and requires that appointments to vacant positions be made from employment lists. Existing law, subject to the approval of the State Personnel Board, allows an appointing agency to enter into arrangements with personnel agencies in other jurisdictions for the purpose of exchanging services and effecting transfers of employees. This bill would, until January 1, 2017, make the private California City Correctional Center in California City an agency or jurisdiction for the purpose of exchanging services pursuant to the above provision and all related rules. (3) Existing law allows the State Personnel Board to prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies not to exceed 2 years, or between jurisdictions not to exceed 4 years, for specified purposes. This bill would, until January 1, 2017, make the private California City Correctional Center in California City an agency or jurisdiction for the purpose of the above provision and all related rules for a period not to exceed 2 years. (4) Existing law allows the Secretary of the Department of Corrections and Rehabilitation to enter into an agreement with a city, county, or city and county, to permit transfer of prisoners in the custody of the secretary to a jail or other adult correctional facility. Under existing law, prisoners transferred to a local facility remain under the legal custody of the department. Existing law prohibits any agreement pursuant to these provisions unless the cost per inmate in the facility is no greater than the average costs of keeping an inmate in a comparable facility of the department. This bill would, until January 1, 2017, for purposes of entering into agreements pursuant to the above provisions, waive any process, regulation, or requirement relating to entering into those agreements. The bill would, until January 1, 2017, delete the provision requiring that prisoners transferred to a local facility remain under the legal custody of the department and would delete the requirement that no agreement be entered into unless the cost per inmate in the facility is no greater than the average costs of keeping an inmate in a comparable facility of the department. The bill would, until January 1, 2017, allow a transfer of prisoners to include inmates who have been sentenced to the department but remain housed in a county jail, and would specify that these prisoners shall be under the sole legal custody and jurisdiction of the sheriff or other official having jurisdiction over the facility and not under the legal custody and jurisdiction of the department. The bill would also, until January 1, 2017, allow the secretary to enter into one or more agreements in the form of a lease or operating agreement with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. The bill would, until January 1, 2017, waive any process, regulation, or requirement that relates to the procurement or implementation of those agreements, except as specified. The bill would make the provisions of the California Environmental Quality Act inapplicable to these provisions. (5) Existing law allows the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional centers. This bill would, until January 1, 2017, allow the secretary to enter into agreements for the transfer of prisoners to community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers. The bill would, until January 1, 2017, waive any process, regulation, or requirement that relates to entering into those agreements. (6) Existing law allows any court or other agency or officer of this state having power to commit or transfer an inmate to any institution for confinement to commit or transfer that inmate to any institution outside this state if this state has entered into a contract or contracts for the confinement of inmates in that institution and the inmate, if he or she was sentenced under California law, has executed written consent to the transfer. This bill would, until January 1, 2017, allow the secretary to transfer an inmate to a facility in another state without the consent of the inmate. (7) Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation and requires the CPOST to develop, approve, and monitor standards for the selection and training of state correctional peace officers. Existing law allows for the use of training academies and centers, as specified. This bill would, until January 1, 2017, allow the department to use a training academy established for the private California City Correctional Center. (8) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. As part of the California Community Corrections Performance Incentives Act of 2009, existing law requires the Director of Finance to make certain calculations, including the cost to the state to incarcerate in prison and supervise on parole an offender who fails local supervision and is sent to prison. Existing law requires the Director of Finance to calculate a probation failure reduction incentive payment based on the estimated number of probationers successfully prevented from being incarcerated, multiplied by a specified percentage of the cost to the state to incarcerate in prison and supervise on parole a probationer who was sent to prison. Existing law requires the Department of Finance to calculate 5% of the total statewide estimated number of probationers successfully prevented from being incarcerated for counties that successfully reduce the number of adult felony probationers incarcerated multiplied by the costs to the state to incarcerate in prison and supervise on parole a probationer who was sent to prison to be used to provide high performance grants to county probation departments. This bill would, beginning July 1, 2014, remove the requirement that the Director of Finance calculate the cost to the state to incarcerate in prison and supervise on parole an offender who fails local supervision and is sent to prison, and would instead require the Director of Finance to calculate the cost to the state to incarcerate in a contract facility and supervise on parole an offender who fails local supervision and is sent to prison. The bill would require the probation failure reduction incentive payment to be based on the estimated number of probationers successfully prevented from being incarcerated multiplied by a percentage of the state's cost of housing an inmate in a contract facility, and to supervise on parole a probationer who was sent to prison. The bill would require the Department of Finance to calculate high performance grants to county probation departments as 5% of the total statewide estimated number of probationers successfully prevented from being incarcerated multiplied by the state's cost of housing an inmate in a contract facility, and to supervise on parole a probationer who was sent to prison. The bill would create the Recidivism Reduction Fund in the State Treasury to be available upon appropriation by the Legislature for activities designed to reduce the state's prison population, and would allow funds available in the Recidivism Reduction Fund to be transferred to the State Community Corrections Performance Incentives Fund. (9) The bill would appropriate $315,000,000 from the General Fund to the Department of Corrections and Rehabilitation for the purposes of this measure. The bill would require the department to spend the funds only to the extent needed to avoid early release. The bill would require any amounts not encumbered by June 30, 2014 to be transferred to the Recidivism Reduction Fund, except as provided. The bill would require the Secretary of the Department of Corrections and Rehabilitation to report no later than April 1, 2014, and again on April 1, 2015, to the Director of Finance and specified legislative committees detailing the number of inmates housed in leased beds and in contracted beds both inside and outside of the state pursuant to this measure. The bill would require the administration to assess the state prison system, including capacity needs, prison population levels, recidivism rates, and factors effecting crime levels, and to develop recommendations on balanced solutions that are cost effective and protect public safety. The bill would require the Department of Finance to submit the administration's interim report to the Legislature not later than April 1, 2014, and to submit the final report to the Legislature not later than January 10, 2015. (10) 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 310, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. Assembly amendments concurred in. (Ayes 35. Noes 2. Page 2349.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3172.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

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

  10. Re-referred to Com. on BUDGET pursuant to Assembly Rule 77.2.

  11. Ordered to third reading.

  12. Read third time and amended. (Page 2948.)

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered to second reading.

  15. From committee: Do pass as amended. (Ayes 23. Noes 0.) (August 29).

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

  17. Referred to Com. on BUDGET.

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

  19. Read third time. Passed. (Ayes 24. Noes 9. Page 901.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. Ordered to second reading.

  22. Withdrawn from committee.

  23. Referred to Com. on RLS.

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

  25. (Corrected May 9).

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

Sponsors

  • Conway · Cosponsor
  • Emmerson · Cosponsor
  • Huff · Cosponsor
  • Knight · Cosponsor
  • Steinberg · Primary
  • Sasha Renée Pérez · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 1 voted No

Sponsors (1)

  • Steinberg

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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 105 Steinberg Senate Third Reading By PÉREZ, J.

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 3000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
Maienschein — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Campos — Yea
Chávez — Yea
Daly — Yea
Mansoor — Yea
Fox — Yea
Wagner — Yea
Dickinson — Yea
Chau — Yea
Conway — Yea
Allen — Yea
Cooley — Yea
Bonilla — Yea
Holden — Yea
Morrell — Yea
Quirk — Yea
Rendon — Yea
Wieckowski — Yea
Wilk — Yea
Ammiano — Yea
Brown — Yea
Eggman — Yea
Gray — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Gatto — Yea
Lowenthal — Yea
Gomez — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Hall — Yea
Chesbro — Yea
Logue — Yea
Medina — Yea
Melendez — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Waldron — Yea
Williams — Yea
Donnelly — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Unfinished Supp 1 SB105 Steinberg Concurrence

Passed 35 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 32202
Democratic 3000
Total 35202
% of votes cast 90%5%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Knight — Yea
Nielsen — Yea
Pavley — Yea
Walters — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
Wyland — Yea
DeSaulnier — Yea
Hueso — Yea
De León — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Steinberg — Yea
Torres — Yea
Wright — Yea
Evans — Nay
Cannella — Yea
Corbett — Yea
Lara — Yea
Liu — Not Voting
Monning — Yea
Roth — Yea
Vidak — Yea
Fuller — Yea
Galgiani — Yea
Yee — Not Voting
Hancock — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 23 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Democratic 1000
Republican 0001
Total 23002
% of votes cast 92%0%0%8%
How each member voted (25)
Member Party Vote
Bloom — Yea
Logue — Not Voting
Mansoor — Yea
Morrell — Yea
Skinner — Yea
Chávez — Yea
Gorell — Yea
Harkey — Yea
Mitchell — Yea
Daly — Yea
Nazarian — Yea
Campos — Yea
Chesbro — Yea
Jones-Sawyer — Yea
Melendez — Yea
Mullin — Yea
Nestande — Yea
Ting — Yea
Wagner — Yea
Dickinson — Yea
Gordon — Yea
Jim Patterson — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea
Grove, Shannon Republican Not Voting

Official roll call →

3rd Reading SB105 Committee on B. & F.R.

Passed 24 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 22904
Democratic 2001
Total 24905
% of votes cast 63%24%0%13%
How each member voted (38)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Nay
Knight — Nay
Lieu — Not Voting
Monning — Yea
Nielsen — Nay
Walters — Not Voting
Wright — Yea
Wyland — Nay
Emmerson — Nay
Evans — Yea
Fuller — Nay
Cannella — Nay
De León — Yea
Corbett — Yea
Hancock — Yea
Hernandez — Yea
Correa — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Wolk — Yea
Price — Not Voting
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety housing 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 105 do?
(1) Existing law requires the Department of Corrections and Rehabilitation to close the California Rehabilitation Center located in Norco, California, no later than either December 31, 2016, or 6 months after the construction of three Level II dorm facilities. This bill would suspend this requirement pending a review by the Department of Finance and the Department of Corrections and Rehabilitation that determines the facility can be closed. (2) The California Constitution establishes the civil service, to include every officer and employee of the state, except as provided, and requires permanent appointment and promotion in the civil service to be made under a general system based on merit ascertained by competitive examination. Existing law requires the appointing power in all cases not exempted by the California Constitution to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with specified provisions of law, and requires that appointments to vacant positions be made from employment lists. Existing law, subject to the approval of the State Personnel Board, allows an appointing agency to enter into arrangements with personnel agencies in other jurisdictions for the purpose of exchanging services and effecting transfers of employees. This bill would, until January 1, 2017, make the private California City Correctional Center in California City an agency or jurisdiction for the purpose of exchanging services pursuant to the above provision and all related rules. (3) Existing law allows the State Personnel Board to prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies not to exceed 2 years, or between jurisdictions not to exceed 4 years, for specified purposes. This bill would, until January 1, 2017, make the private California City Correctional Center in California City an agency or jurisdiction for the purpose of the above provision and all related rules for a period not to exceed 2 years. (4) Existing law allows the Secretary of the Department of Corrections and Rehabilitation to enter into an agreement with a city, county, or city and county, to permit transfer of prisoners in the custody of the secretary to a jail or other adult correctional facility. Under existing law, prisoners transferred to a local facility remain under the legal custody of the department. Existing law prohibits any agreement pursuant to these provisions unless the cost per inmate in the facility is no greater than the average costs of keeping an inmate in a comparable facility of the department. This bill would, until January 1, 2017, for purposes of entering into agreements pursuant to the above provisions, waive any process, regulation, or requirement relating to entering into those agreements. The bill would, until January 1, 2017, delete the provision requiring that prisoners transferred to a local facility remain under the legal custody of the department and would delete the requirement that no agreement be entered into unless the cost per inmate in the facility is no greater than the average costs of keeping an inmate in a comparable facility of the department. The bill would, until January 1, 2017, allow a transfer of prisoners to include inmates who have been sentenced to the department but remain housed in a county jail, and would specify that these prisoners shall be under the sole legal custody and jurisdiction of the sheriff or other official having jurisdiction over the facility and not under the legal custody and jurisdiction of the department. The bill would also, until January 1, 2017, allow the secretary to enter into one or more agreements in the form of a lease or operating agreement with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. The bill would, until January 1, 2017, waive any process, regulation, or requirement that relates to the procurement or implementation of those agreements, except as specified. The bill would make the provisions of the California Environmental Quality Act inapplicable to these provisions. (5) Existing law allows the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional centers. This bill would, until January 1, 2017, allow the secretary to enter into agreements for the transfer of prisoners to community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers. The bill would, until January 1, 2017, waive any process, regulation, or requirement that relates to entering into those agreements. (6) Existing law allows any court or other agency or officer of this state having power to commit or transfer an inmate to any institution for confinement to commit or transfer that inmate to any institution outside this state if this state has entered into a contract or contracts for the confinement of inmates in that institution and the inmate, if he or she was sentenced under California law, has executed written consent to the transfer. This bill would, until January 1, 2017, allow the secretary to transfer an inmate to a facility in another state without the consent of the inmate. (7) Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation and requires the CPOST to develop, approve, and monitor standards for the selection and training of state correctional peace officers. Existing law allows for the use of training academies and centers, as specified. This bill would, until January 1, 2017, allow the department to use a training academy established for the private California City Correctional Center. (8) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. As part of the California Community Corrections Performance Incentives Act of 2009, existing law requires the Director of Finance to make certain calculations, including the cost to the state to incarcerate in prison and supervise on parole an offender who fails local supervision and is sent to prison. Existing law requires the Director of Finance to calculate a probation failure reduction incentive payment based on the estimated number of probationers successfully prevented from being incarcerated, multiplied by a specified percentage of the cost to the state to incarcerate in prison and supervise on parole a probationer who was sent to prison. Existing law requires the Department of Finance to calculate 5% of the total statewide estimated number of probationers successfully prevented from being incarcerated for counties that successfully reduce the number of adult felony probationers incarcerated multiplied by the costs to the state to incarcerate in prison and supervise on parole a probationer who was sent to prison to be used to provide high performance grants to county probation departments. This bill would, beginning July 1, 2014, remove the requirement that the Director of Finance calculate the cost to the state to incarcerate in prison and supervise on parole an offender who fails local supervision and is sent to prison, and would instead require the Director of Finance to calculate the cost to the state to incarcerate in a contract facility and supervise on parole an offender who fails local supervision and is sent to prison. The bill would require the probation failure reduction incentive payment to be based on the estimated number of probationers successfully prevented from being incarcerated multiplied by a percentage of the state's cost of housing an inmate in a contract facility, and to supervise on parole a probationer who was sent to prison. The bill would require the Department of Finance to calculate high performance grants to county probation departments as 5% of the total statewide estimated number of probationers successfully prevented from being incarcerated multiplied by the state's cost of housing an inmate in a contract facility, and to supervise on parole a probationer who was sent to prison. The bill would create the Recidivism Reduction Fund in the State Treasury to be available upon appropriation by the Legislature for activities designed to reduce the state's prison population, and would allow funds available in the Recidivism Reduction Fund to be transferred to the State Community Corrections Performance Incentives Fund. (9) The bill would appropriate $315,000,000 from the General Fund to the Department of Corrections and Rehabilitation for the purposes of this measure. The bill would require the department to spend the funds only to the extent needed to avoid early release. The bill would require any amounts not encumbered by June 30, 2014 to be transferred to the Recidivism Reduction Fund, except as provided. The bill would require the Secretary of the Department of Corrections and Rehabilitation to report no later than April 1, 2014, and again on April 1, 2015, to the Director of Finance and specified legislative committees detailing the number of inmates housed in leased beds and in contracted beds both inside and outside of the state pursuant to this measure. The bill would require the administration to assess the state prison system, including capacity needs, prison population levels, recidivism rates, and factors effecting crime levels, and to develop recommendations on balanced solutions that are cost effective and protect public safety. The bill would require the Department of Finance to submit the administration's interim report to the Legislature not later than April 1, 2014, and to submit the final report to the Legislature not later than January 10, 2015. (10) 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 105?
SB 105 is sponsored by Conway, Emmerson, Huff, Knight, Steinberg, and Pérez, Sasha Renée (Democratic).
What is the current status of SB 105?
This bill has been enacted into law. Introduced January 10, 2013. Enacted.
Where can I track SB 105?
Track SB 105 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 105

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 SB 105

Last checked for changes 3 months ago · updated continuously

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

Track this bill →