SB 85 — Public safety.

Summary

(1) Existing law establishes the Department of the California Highway Patrol, which is under the control of a civil executive officer, known as the Commissioner of the California Highway Patrol. Under existing law, the commissioner is required to, among other things, enforce all laws regulating the operation of vehicles and the use of the highways, except as provided. This bill would require, on or before January 1, 2016, the department to develop a plan for implementing a body-worn camera pilot program. The bill would require that plan to examine, among other things, the minimum specifications for body-worn cameras to be utilized in a body-worn camera program, best practices for officer review of recorded body-worn camera data, and best practices for sharing recorded body-worn camera data internally and externally. (2) Existing law designates official state holidays, including Native American Day. Existing law makes those state holidays, with certain exceptions, judicial holidays. This bill would additionally exclude Native American Day from the list of judicial holidays. (3) Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that its funds be allocated exclusively for public safety services, as defined. Existing law creates the Enhancing Law Enforcement Activities Subaccount in that fund and further creates the Enhancing Law Enforcement Activities Growth Special Account in that subaccount. Existing law requires each county to establish in the county treasury various corresponding subaccounts and special accounts for the receipt of funds allocated to a county for specified local law enforcement purposes. Existing law allocates specified funds on August 25 of each year from the Enhancing Law Enforcement Activities Growth Special Account to the corresponding subaccount at the county level, including the following: 27.08% for purposes that include jail construction and operation and criminal prosecution; 27.08% to implement multiagency juvenile justice plans; and 7.44% to counties that operate juvenile camps and ranches, based on the number of beds in each camp. Existing law allocates these funds to counties pursuant to a schedule provided by the Department of Finance for these purposes. This bill would delete the requirement that the funds be allocated on August 25 of each year and would make other technical changes. (4) Existing law establishes in each county treasury a Supplemental Law Enforcement Services Account (SLESA) and requires the county auditor to allocate moneys in the SLESA in a prescribed manner to counties and cities located within the county for the purpose of funding specified public safety programs. Existing law requires a local agency that receives SLESA moneys to expend or encumber those moneys no later than June 30 of the fiscal year following receipt. Existing law requires a local agency that does not meet that requirement to remit unspent SLESA moneys for deposit in the County Enhancing Law Enforcement Activities Subaccount. This bill would, beginning July 1, 2015, eliminate the deadline for a local agency to expend or encumber SLESA moneys. This bill would require the county auditor to redirect unspent SLESA moneys that were remitted after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount to the agency that remitted the moneys, as specified. (5) Existing law, until July 1, 2015, imposes a supplemental fee of $40 for filing first papers in certain civil proceedings, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2013–14 fiscal year. This bill would extend the operation of the supplemental fee until July 1, 2018. (6) Existing law, until July 1, 2015, requires a $1,000 fee to be paid on behalf of all plaintiffs, and by each defendant, intervenor, respondent, or adverse party to a civil action that is designated or determined to be a complex case. On and after July 1, 2015, existing law requires a fee of $550 to be paid under those circumstances. Existing law, until July 1, 2015, imposes a limitation of $18,000 on the total amount of complex fees collected from all defendants, intervenors, respondents, or other adverse parties appearing in a complex case. On and after July 1, 2015, existing law imposes a limitation of $10,000 on the amount of the fee required to be paid in those circumstances. This bill would extend the operation of the $1,000 complex case fee and the $18,000 total fee limitation to July 1, 2018, thereby extending that higher fee rate and limitation by 3 years. (7) Under existing law, the uniform fee for filing any specified motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is $60 until July 1, 2015, at which time that fee is reduced to $40. This bill would extend the operation of the $60 filing fee to July 1, 2018, thereby extending that higher fee by 3 years. (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. Existing law requires the Director of Finance, in consultation with specified other entities, to calculate a baseline probation failure rate, which is the average number of adult felony probationers sent to state prison during the 2006 to 2008 calendar years, as a percentage of the weighted average of the population of adult felony probationers during the same period. Existing law requires the Director of Finance, in consultation with those entities, to calculate, on a yearly basis, a statewide probation failure rate, and a probation rate for each county, based on the percentage of adult felony probationers sent to state prison or to a county jail as a percentage of the average statewide or county adult felony probation population, respectively, as specified. Existing law requires the Director of Finance, in consultation with those entities, to estimate the number of adult felony probationers each county successfully prevented from being incarcerated, based on each county's probation failure rate and the county's baseline probation failure rate, taking into account specified changes in each county's adult felony probation caseload, as specified. This bill would recast those requirements to eliminate the requirement that the director calculate a baseline probation failure rate. The bill would require the director to calculate the statewide probation failure rate and the probation failure rate for a county based only on the total number of adult felony probationers sent to state prison. The bill would require the director to estimate the number of adult felony probationers, felons on mandatory supervision, and felons on postrelease community supervision successfully prevented from being incarcerated in state prison, based only on a county's probation failure rate, mandatory supervision failure rate, and postrelease community supervision failure rate. The bill would also require the director to calculate a combined statewide return to prison rate and a combined individual county return to prison rate, as specified. (9) Existing law requires the Director of Finance, in consultation with specified other entities, to develop a revised formula for performance incentive funding related to the act that takes into account changes to the eligibility of some felony probationers for revocation to the state prison that results from implementation of the 2011 Public Safety Realignment, for the purpose of providing incentive funding for a county probation department that is successful in reducing postrelease community supervision and mandatory supervision failure rates. Existing law requires the director and those entities to calculate a probation failure reduction incentive payment under a tier-based system based on a county's probation failure rate, as specified. This bill would eliminate the tier-based system described above and would recast the calculation of the probation failure reduction incentive payment as a statewide performance payment that is calculated as a specified percentage of the highest year of funding that a county received from the California Community Corrections Performance Incentives Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive. The bill would provide that the percentage used to calculate the statewide performance incentive payment for a county shall be based on that county's return to prison rate, as specified. (10) Existing law requires the Director of Finance, in consultation with specified other entities, to calculate a high performance grant payment, as specified, for the purpose of providing performance-based funding for a county that demonstrates a high success rate with reducing recidivism among adult felony probationers. This bill would eliminate the high performance grant payment described above, and would instead require the director to calculate a yearly county performance incentive payment that is based on the estimated number of felons on probation, subject to mandatory supervision, and subject to postrelease community supervision that were successfully prevented from being incarcerated in state prison, multiplied by 35% of the cost to incarcerate a felony prison offender in a contract prison facility. (11) Existing law requires the Department of Finance to distribute the moneys remaining in the State Community Corrections Performance Incentives Fund after the calculation and award of the probation failure reduction incentive payments and high performance grant payments described above to qualifying counties. This bill would eliminate the requirement of distribution of those moneys, and instead require the Department of Finance to increase to a total of no more than $200,000 the award of a county's statewide performance incentive payment and county performance incentive payment if that county's payment totals less than $200,000. The bill would further require the Department of Finance to adjust the award amount, up to $200,000 per county, to counties that did not receive a statewide performance incentive payment and county performance incentive payment. By increasing the amount of funds that a county may receive from the continuously appropriated State Community Corrections Performance Incentives Fund, the bill would make an appropriation. The bill would require counties to provide specified information to the Judicial Council in order to receive these increases in award amounts. (12) Existing law requires the Administrative Office of the Courts, in consultation with specified other entities, to provide a quarterly statistical report to the Department of Finance that includes specified information, including the number of felons who had their postrelease community supervision revoked and were sent to a county jail for that revocation. This bill would instead require the Judicial Council to provide the quarterly statistical information. The bill would provide that the information related to felons on postrelease community supervision who had their postrelease community supervision revoked and were sent to a county jail shall not include felons who are subject to flash incarceration, as specified. (13) Existing law 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. Existing law creates 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 authorizes funds available in the Recidivism Reduction Fund to be transferred to the State Community Corrections Performance Incentives Fund. Existing law, upon agreement to accept funding from the Recidivism Reduction Fund, requires a county board of supervisors, in collaboration with the county's Community Corrections Partnership, to develop, administer, and collect and submit data to the Board of State and Community Corrections regarding a competitive grant program intended to fund community recidivism and crime reduction services, including, but not limited to, delinquency prevention, homelessness prevention, and reentry services. Existing law requires the funding to be allocated to counties from the Budget Act of 2014 by the State Controller's Office according to a specified allocation schedule. Existing law requires that any funds not encumbered with a community recidivism and crime reduction service provider one year after allocation of grant funds to counties immediately revert to the state General Fund. This bill would enact a revised schedule allocating funds to counties from the Budget Act of 2015 that would reduce each allocation by 50%. The bill would also delete the requirement that any funds not encumbered with a community recidivism and crime reduction service provider one year after allocation of grant funds to counties immediately revert to the state General Fund. The bill would require any funds in the Recidivism Reduction Fund that are not encumbered by June 30, 2016, to revert to the General Fund upon order of the Department of Justice. The bill would also abolish the Recidivism Reduction Fund once all funds encumbered in the fund are liquidated. (14) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law requires that the court order the defendant to be delivered to a treatment facility, and, until January 1, 2016, defines "treatment facility" to include a county jail for these purposes. Existing law, until January 1, 2016, authorizes certain medications to be provided to a defendant in a county jail if he or she is mentally incompetent and unable to provide informed consent due to a mental disorder. Existing law, until January 1, 2016, limits to 6 months the maximum period of time a defendant may be treated in a treatment facility. This bill would delete that January 1, 2016, repeal date, thereby extending the operation of these provisions indefinitely. (15) If a mentally incompetent defendant is sent to a county jail for treatment, existing law requires the State Department of State Hospitals to provide treatment at the county jail treatment facility and to reimburse the county jail treatment facility for the reasonable cost of the bed during treatment. This bill would, upon approval by the State Department of State Hospitals and an appropriation in the Budget Act, authorize the county jail treatment facility to provide restoration of competency services and would allow the department to reimburse the county for these services and the reasonable costs of any necessary medical treatment not provided within the county jail treatment facility. This bill would, if the county jail is used as a treatment facility, require the county to provide for transportation of the defendant to the county jail treatment facility unless otherwise agreed to by the State Department of State Hospitals and the facility. This bill would require the State Department of State Hospitals and a county jail treatment facility, if found to be comparatively at fault for any claim, action, loss, or damage which results from their obligations, to indemnify the other to the extent of their comparative fault. (16) Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law requires the department to develop policies related to contraband interdiction efforts for individuals entering department facilities. This bill would require those policies to ensure visitors are informed further potential search or visitation options and to consider the use of full-body scanners. The bill would further require that the department, after 2 years of implementation of the policies it creates pursuant to this bill, conduct an evaluation of the policy. (17) Existing law establishes the Commission on Correction Peace Officer Standards and Training (the CPOST) within the Department of Corrections and Rehabilitation. Existing law requires the executive board of the CPOST to be comprised of 6 voting members, 3 appointed by the department and 3 appointed by the Governor. Existing law requires that one of the department's appointees represent the Division of Juvenile Facilities. Existing law requires each appointing authority to appoint an alternate for each regular member it appoints, and requires the alternate to possess the same qualifications as the regular member and to substitute for, and vote in place of, the regular member whenever he or she is absent. Existing law requires the CPOST to appoint an executive director. This bill would instead, commencing July 1, 2015, require that one of the department's appointees represent the Division of Juvenile Justice or the Division of Rehabilitative Programs within the department. The bill would instead require alternate members to possess the same qualifications as a regular member and to substitute for, and vote in place of, a regular member who was appointed by the same appointing authority whenever that regular member is absent. The bill would delete the requirement that the CPOST appoint an executive director. The bill would require the CPOST executive board to seek advice from national experts, including university and college institutions and correctional associations, on issues pertaining to adult corrections, juvenile justice, and the training of the Department of Corrections and Rehabilitation staff that are relevant to its mission. (18) Existing law, until January 1, 2017, allows the Department of Corrections and Rehabilitation to use a training academy established for the California City Correctional Center. This bill would extend that provision indefinitely. (19) Existing law requires the Department of Corrections and Rehabilitation to provide 16 weeks of training to each correctional peace officer cadet prior to his or her assignment to a post or position as a correctional peace officer. If an agreement is reached between the department and the bargaining unit for the correction peace officers, existing law allows the department, with the approval of the CPOST, to have cadets sworn in as correctional peace officers upon completion of 12 weeks of training and complete the final 4 weeks of training at the institution where the cadet is assigned to a post or position. This bill would, commencing July 1, 2015, require the department to instead provide 480 hours of training to each correctional peace officer cadet. The bill would require the CPOST to determine the on-the-job training requirements for correctional peace officers. (20) Existing law requires a county to establish a one-time amnesty program for fines and bail due on or before January 1, 2009, for certain infraction or misdemeanor violations of the Vehicle Code and the Penal Code. Existing law allows a person owing a fine or bail that was eligible for amnesty under this program to pay to the superior or juvenile court 50% of the total fine or bail, as defined, which is required to be accepted by the court in full satisfaction of the delinquent fine or bail. Under existing law, the amnesty program was required to accept these payments from January 1, 2012, until June 30, 2012. This bill would require a county to establish a similar amnesty program for fines and bail initially due on or before January 1, 2013, to be conducted in accordance with guidelines adopted by the Judicial Council. The bill would require the program to accept payments between October 1, 2015, to March 31, 2017, inclusive, and would authorize a participant to receive an additional reduction in his or her repayment amount if the participant certifies, under penalty of perjury, that he or she receives specified public assistance programs or that his or her monthly income is 125% or less of the current poverty guidelines. By requiring each county to establish and operate an amnesty program, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would, following the transfer to the Judicial Council of the first $250,000 received, increase the percentage of specified penalties to be deposited in the Peace Officers' Training Fund and the Corrections Training Fund, which are continuously appropriated funds. By increasing the amount of money deposited into continuously appropriated funds, this bill would make an appropriation. (21) Existing law requires the Department of Corrections and Rehabilitation to close the California Rehabilitation Center located in Norco, California, no later than December 31, 2016, or 6 months after the construction of 3 Level II dorm facilities, whichever is earlier. Existing law suspends this requirement pending a review by the Department of Finance and the Department of Corrections and Rehabilitation that determines the facility can be closed. This bill would require the Department of Finance and the Department of Corrections and Rehabilitation to release a report that provides an updated comprehensive plan for the state prison system, including a permanent solution to the decaying infrastructure of the California Rehabilitation Center. The bill would require the report to be submitted with the Governor's 2016–17 Budget to the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, and the Joint Legislative Budget Committee. (22) Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals. Existing law establishes the Office of Law Enforcement Support within the California Health and Human Services Agency for the purpose of improving and providing oversight of various law enforcement activities within the State Department of Developmental Services and the State Department of State Hospitals. This bill would require the Office of Law Enforcement Support to investigate specified incidents at a developmental center or state hospital, including any incident that involves developmental center or state hospital law enforcement personnel and that meets certain criteria. The bill would also provide that the Office of Law Enforcement Support be responsible for contemporaneous oversight of specified investigations by the State Department of State Hospitals and the State Department of Developmental Service. The bill would require reports written upon completion of that review to be confidential. The bill would require the Office of Law Enforcement Support to issue regular reports, no less than semiannually, summarizing the investigations it conducted and its oversight of investigations, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (23) Existing law generally requires the nontreatment costs of trials and hearings related to persons confined in a state hospital to be paid by the state to the county where the trial or hearing was had, except that existing law requires the county of commitment to pay these costs if the hearing is for an order seeking the involuntary treatment with psychotropic medication of a person confined in a state hospital as a condition of parole who is subject to an order for continued treatment beyond his or her period of parole. This bill would additionally require the county of commitment to pay the county where the proceeding is held for the nontreatment costs associated with any hearing for an order seeking involuntary treatment with psychotropic medication of a person confined in a state hospital after being found not guilty by reason of insanity. (24) Existing law establishes state hospitals for the care, treatment, and education of mentally disordered persons, which are under the jurisdiction of the State Department of State Hospitals. Commencing July 1, 2015, and subject to available funding, existing law authorizes the department to establish and maintain pilot enhanced treatment programs (ETPs) , for the treatment of patients who are at high risk of most dangerous behavior, and when safe treatment is not possible in a standard treatment environment. This bill would require the department, at least 60 days prior to implementing an ETP, to submit written draft policies and procedures that will guide the operation of the ETP, including, but not limited to, admittance criteria, staffing levels, services to be provided to patients, a transition planning process, and training requirements to the appropriate policy committees of the Legislature and to the Joint Legislative Budget Committee. (25) Existing law, in the Budget Act of 2014, appropriates $15,000,000 for the establishment or ongoing operation and staffing of programs known to reduce recidivism and enhance public safety by means of a competitive grant program developed and administered by the Judicial Council. Existing law, the Budget Act of 2014, authorizes these funds to be expended until June 30, 2017, after which any unexpended funds revert to the General Fund. This bill would allow these funds to be encumbered, in addition to being expended, until June 30, 2017, thereby making an appropriation. (26) Existing law, in the Budget Act of 2014, appropriates $28,000,000 for local assistance to the Board of State and Community Corrections. This bill would reappropriate these funds for the purposes specified in the above appropriation and make the funds available for encumbrance or expenditure until June 30, 2016, except that the bill would make the balance of a $900,000 appropriation to administer the mentally ill offender crime reduction grant available for encumbrance or expenditure until June 30, 2017, thereby making an appropriation. (27) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (28) 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. (29) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 06/24/15 - Chaptered Current pdf June 24, 2015
• Enrolled 06/22/15 - Enrolled pdf June 22, 2015
• Amended 06/17/15 - Amended Assembly pdf June 17, 2015
• Introduced 01/09/15 - Introduced pdf January 09, 2015
• SB85 View text html

Action History

1. June 24, 2015

   Chaptered by Secretary of State. Chapter 26, Statutes of 2015.

2. June 24, 2015

   Approved by the Governor.

3. June 23, 2015

   Enrolled and presented to the Governor at 4 p.m.

4. June 19, 2015

   Assembly amendments concurred in. (Ayes 27. Noes 12. Page 1515.) Ordered to engrossing and enrolling.

5. June 19, 2015

   Unanimous consent granted to take up without reference to file.

6. June 19, 2015

   In Senate. Concurrence in Assembly amendments pending.

7. June 19, 2015

   Read third time. Passed. (Ayes 52. Noes 28. Page 2063.) Ordered to the Senate.

8. June 19, 2015

   Assembly Rule 63 suspended.

9. June 19, 2015

   Ordered to third reading.

10. June 19, 2015

    Withdrawn from committee.

11. June 19, 2015

    Assembly Rule 96 suspended.

12. June 17, 2015

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

13. March 23, 2015

    Referred to Com. on BUDGET.

14. March 23, 2015

    In Assembly. Read first time. Held at Desk.

15. March 23, 2015

    Read third time. Passed. (Ayes 23. Noes 13. Page 381.) Ordered to the Assembly.

16. March 19, 2015

    Read second time. Ordered to third reading.

17. March 18, 2015

    From committee: Ordered to second reading.

18. February 05, 2015

    Referred to Com. on RLS.

19. January 12, 2015

    Read first time.

20. January 12, 2015

    From printer. May be acted upon on or after February 11.

21. January 09, 2015

    Introduced. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Budget and Fiscal Review · Primary

Votes

Subjects