|
Amended
IN
Assembly
July 03, 2008 |
| Introduced by |
January 10, 2008 |
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2008.
5225-001-0001—For support of Department of Corrections and Rehabilitation
........................
| 6,958,609,000 | ||||||
Schedule: | |||||||
| (1) | 10-Corrections and Rehabilitation Administration
........................
| 369,580,000 | |||||
| (3) | 15-Corrections Standards Authority
........................
| 11,779,000 | |||||
| (4) | 20-Juvenile Operations
........................
| 181,168,300 | |||||
| (5) | 21-Juvenile Education, Vocations, and Offender Programs
........................
| 143,930,150 | |||||
| (6) | 22-Juvenile Paroles
........................
| 33,940,000 | |||||
| (7) | 23-Juvenile Health Care
........................
| 115,945,550 | |||||
| (8) | 25-Adult Corrections and Rehabilitation Operations
........................
| 4,892,480,000 | |||||
| (9) | 30-Parole Operations—Adult
........................
| 792,883,000 | |||||
| (10) | 35-Board of Parole Hearings
........................
| 110,782,000 | |||||
| (11) | 40-Community Partnerships
........................
| 12,297,000 | |||||
| (12) | 45-Education, Vocations and Offender Programs—Adult
........................
| 463,618,000 | |||||
| (13) | Reimbursements
........................
| −94,598,000 | |||||
| (14) | Amount payable from the Corrections Training Fund (Item 5225-001-0170)
........................
| −2,626,000 | |||||
| (15) | Amount
payable from the Federal Trust Fund (Item 5225-001-0890)
........................
| −5,883,000 | |||||
| (16) | Amount payable from the Inmate Welfare Fund (Item 5225-001- 0917)
........................
| −66,687,000 | |||||
Provisions: | |||||||
| 1. | Any funds recovered as a result of audits of locally operated
return-to-custody centers shall revert to the General Fund. | ||||||
| 2. | When contracting with counties for vacant jail beds for any inmate under the jurisdiction of the Secretary of the Department of Corrections and Rehabilitation, the department shall not reimburse counties more than the average amount it costs the state to provide the same services in comparable state institutions. This restriction shall not apply to any existing contract, but shall apply to the extension or renewal of that contract. In addition, the total operational cost of incarcerating state inmates in leased county jail beds (which includes state costs, but is exclusive of one-time and capital outlay costs) shall not exceed the department’s average cost for operating comparable institutions. | ||||||
| 3. | Notwithstanding any other provision of law, but subject to providing 30 days’ prior notification to the Joint Legislative Budget Committee, funds appropriated in Schedule (8) or (9), or both, may be transferred to Item 5225-101-0001, Schedule (7), upon order of the Director of Finance, to provide funds for the reimbursement of counties for the cost of holding parole violators in local jail. | ||||||
| 4. | Not later than 60 days following enactment of this act, and subsequently on February 10 and upon release of the May Revision, the Secretary of the Department of Corrections and Rehabilitation shall submit to the Director of Finance the Post Assignment Schedule for each adult institution, reconciled to budgeted authority and
consistent with approved programs, along with allotments consistent with the reconciled Post Assignment Schedule for each adult institution. | ||||||
| 5. | Not later than February 17, 2008, the Secretary of the Department of Corrections and Rehabilitation shall submit to the chairpersons and vice chairpersons of the committees in both houses of the Legislature that consider the State Budget and to the Legislative Analyst’s Office an operating budget for each of the correctional facilities under the control of the department. Specifically, the report shall include: (a) year-end expenditures by program for each institution in the 2006–07 fiscal year, (b) allotments and projected expenditures by program for each institution in the 2007–08 fiscal year, (c) the number of authorized and vacant positions, estimated overtime budget, estimated benefits
budget, and operating expense and equipment budget for each institution, and (d) a list of all capital outlay projects occurring or projected to occur during the 2007–08 fiscal year. | ||||||
| 6. | Funds appropriated to accommodate projected adult institutional and parolee population levels in excess of those that actually materialize, if any, shall revert to the General Fund. | ||||||
| 7. | Of the amount appropriated in this item, $114,058,000 is available for the Consolidated Information Technology Infrastructure Project. Upon determination of the project costs that can be financed using GS $mart, any balance in excess of the amounts needed for 2007–08 payments shall revert to the
General Fund upon order of the Director of Finance. Up to $86,045,000 may be reverted. | ||||||
| 9. | The Department of Corrections and Rehabilitation (DCR) shall consult with legislative staff and the Department of Finance (DOF) to define what is and is not allowable in the annual population budget requests, and to reformat the document to make it more transparent to ensure appropriate legislative oversight. The DCR and the DOF shall present an example of the reformed population document to the Legislature prior to the time for deliberations on the Governor’s Budget for the 2008–09 fiscal year. | ||||||
| 10. | In implementing the Consolidated Information Technology Infrastructure Project (CITIP), the department shall, when possible, give first priority to data drops for business services and rehabilitative programming. | ||||||
| 12. | The department shall study the programmatic and fiscal feasibility of providing for rehabilitation information and tracking functionality within the Strategic Offender Management System (SOMS) by either including these requirements as optional in the SOMS Request for Proposal or by including these requirements in the design of a separate system that will communicate and be used in collaboration with SOMS once both systems have been implemented. Additionally, the department shall study the programmatic and fiscal implications of building SOMS to most easily integrate with the systems being implemented by the receiver in the Plata litigation as opposed to building SOMS with differing parameters but much higher future system integration costs. The department shall, in all future cost estimates, include a section detailing future system integration costs, justifying the proposed system design with respect to future integration costs, and specifying why alternate system implementation options with lower future integration costs are unsuitable for system design. | ||||||
| 13. | Of the funds appropriated in this item, $600,000 is allocated to the State Commission on Juvenile Justice, pursuant to Section 1798.5 of the Welfare and Institutions Code, to develop a Juvenile Justice Operational Master Plan. The commission shall use a portion of these moneys to contract with a national expert or national experts from the Farrell expert panel to develop this plan in conjunction with local government. This plan shall also address facility and infrastructure issues throughout the juvenile justice continuum. | ||||||
| 16. | Of the funds appropriated in this item, $673,865,000 is available for expenditure only for the purposes identified below. Any unexpended funds shall revert to the General Fund. | ||||||
| (a) | Facility Maintenance Funding: $36,000,000 | ||||||
| (b) | Coleman v. Schwarzenegger, Administrative Segregation Unit Mental Health Cells Modification: $3,550,000 | ||||||
| (c) | Coleman v. Schwarzenegger, Administrative Segregation Intake Cells: $13,203,000 | ||||||
| (d) | Coleman v. Schwarzenegger, Salary Enhancements: $13,108,000 | ||||||
| (e) | Plata v. Schwarzenegger: Salary Enhancements: $1,521,000 | ||||||
| (f) | Coleman v. Schwarzenegger, CMF Acute Cells Modification: $1,075,000 | ||||||
| (g) | Coleman v. Schwarzenegger: Reception Center Enhanced Outpatient Program: $2,916,000 | ||||||
| (h) | Perez v. Tilton, Comprehensive Inmate Dental Services Program: $8,477,000 | ||||||
| (i) | Farrell v. Tilton, Safety and Welfare Remedial Plan: $66,747,000 | ||||||
| (j) | Farrell v. Tilton, Mental Health Remedial Plan: $25,090,000 | ||||||
| (k) | Implementation of Revised Program Guide for Mental Health Services Delivery System (Ch. 511, Stats. 2006): $8,706,000 | ||||||
| (l) | Sex Offender Management Funding: $113,327,000 | ||||||
| (m) | Reducing Recidivism Strategies: $90,136,000 | ||||||
| (1) | The department is authorized to make changes to the Reducing Recidivism Strategies supported by this subdivision not sooner than 15 days after notifying the fiscal committees of both houses of the Legislature of any proposed changes. | ||||||
| (n) | Basic Correctional Officer Academy: $61,105,000 | ||||||
| (o) | Records Staffing and Automation: $4,326,000 | ||||||
| (p) | Garrison Johnson v. California, Racial Integration: $1,214,000 | ||||||
| (q) | Coleman v. Schwarzenegger, Court Order Compliance: $2,267,000 | ||||||
| (r) | Comprehensive Health Care Recruitment:$3,631,000 | ||||||
| (s) | Life Prisoner Parole Hearing Staffing: $5,523,000 | ||||||
| (t) | Farrell v. Tilton Healthcare Remedial Plan:$8,221,000 | ||||||
| (u) | Farrell v. Tilton, Consent Decree: $1,327,000 | ||||||
| (v) | Strategic Offender Management System: $3,611,000 | ||||||
| (w) | Consolidated Information Technology Infrastructure project: $114,058,000 | ||||||
| (x) | Teacher Pay Parity: $13,868,000 | ||||||
| (z) | Mandatory Aftercare/Drug Treatment Furlough: $65,615,000 | ||||||
| (aa) | Valdivia Case Records: $3,344,000 | ||||||
| (bb) | Perez v. Tilton, Salary Enhancements: $1,999,000 | ||||||
| 17. | Of the amount appropriated in Schedule (8), $2,389,000 is for administrative support related to projects authorized by Chapter 7 of the Statutes of 2007. Any funds not expended for this purpose by June 30, 2008, shall revert to the General Fund. To the extent that workload performed is directly related to the projects, the Department of Corrections and Rehabilitation shall maximize available project funds by billing those activities to the projects themselves in lieu of the General Fund. | ||||||
| 18. | The Department of Corrections and Rehabilitation shall reestablish the Program Support Unit under the Chief Deputy Secretary for Adult Operations to review custody staffing proposals. | ||||||
| 20. | Notwithstanding any other provision of law, the Director of Finance may transfer up to $126,555,000 from Item 5225-001-0001 to Item 5225-002-0001 if expenditures within Item 5225-002-0001 exceed the amount appropriated in this Budget Act and there are unspent funds within Item 5225-001-0001 available for transfer. | ||||||
| 21. | Notwithstanding Provision 16 of this Item, unspent funds are available for transfer pursuant to Provision 20. | ||||||
5225-002-0001—For support of Department of Corrections and Rehabilitation
........................
| 2,124,612,000 | ||||||
Schedule: | |||||||
| (1) | 10-Corrections and Rehabilitation Administration
........................
| 7,185,000 | |||||
| (1.5) | 25-Adult Corrections and Rehabilitation operations
........................
| 65,506,000 | |||||
| (4) | 50-Correctional Health Care Services
........................
| 1,000 | |||||
| (4.1) | 50.10-Medical Services—Adult ........................ | 1,303,801,000 | |||||
| (4.2) | 50.20-Dental Services—Adult ........................ | 103,129,000 | |||||
| (4.3) | 50.30-Mental Health Services—Adult ........................ | 302,930,000 | |||||
| (4.4) | 50.40-Ancillary Health Care Services—Adult ........................ | 161,120,000 | |||||
| (4.5) | 50.50-Dental and Mental Health Services Administration—Adult ........................ | 58,089,000 | |||||
| (5) | 97-Unallocated
........................
| 125,000,000 | |||||
| (6) | Reimbursements
........................
| −2,149,000 | |||||
Provisions: | |||||||
| 1. | On February 14, 2006, the United States District Court in the case of Plata v. Schwarzenegger (No. C01-1351 THE) suspended the exercise by the Secretary of the Department of Corrections and Rehabilitation of all powers related to the administration, control, management, operation, and financing of the California prison medical health care system. The court ordered that all such powers vested in the Secretary
of the Department of Corrections and Rehabilitation were to be performed by a receiver appointed by the court commencing April 17, 2006, until further order of the court. The Director of the Division of Correctional Health Care Services of the Department of Corrections and Rehabilitation is to administer this item to the extent directed by the receiver. | ||||||
| 2. | Notwithstanding any other provision of law, the amount available for expenditure in Schedule (5) is for the purpose of funding costs for the Department of Corrections and Rehabilitation, including the operations of the Office of the California Prison Receivership, and any other state agency or department that is involved in the provision of health care to California inmates, including the costs of capital projects, resulting either from actions by the receiver or the court in Plata
v. Schwarzenegger or cross-jurisdictional issues where the Plata v. Schwarzenegger, Coleman v. Schwarzenegger, and Perez v. Tilton courts agree that a coordinated approach is the most appropriate solution to the programmatic issues that the three courts are facing. The Secretary of the Department of Corrections and Rehabilitation shall be consulted on any project that helps the state comply with both the Coleman and Perez lawsuits. Up to $25,000,000 of the amount appropriated in Schedule (5) may be used for cross-jurisdictional issues facing the Plata, Coleman, and Perez courts. From any amount available in Schedule (5), the Director of Finance may authorize the transfer of funds from Schedule (5) for the purpose of augmenting the amount available for expenditure in any other schedule in this item, or any other appropriation in this section to a department or agency that is involved in the provision of health care to California inmates. The Director of Finance shall notify the Chairperson of the Joint
Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature no later than 10 days after the effective date of the transfer. The notification to the Legislature shall include information regarding the purpose of the expenditures and the expected outcome of those expenditures. | ||||||
| 3. | Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation is not required to competitively bid for health services contracts in cases where contracting experience or history indicates that only one qualified bid will be received. | ||||||
| 4. | Notwithstanding Section 13324 of the Government Code or Section 32.00 of
this act, no state employee shall be held personally liable for any expenditure or the creation of any indebtedness in excess of the amounts appropriated therefor as a result of complying with the directions of the receiver or orders of the United States District court in Plata v. Schwarzenegger. | ||||||
| 5. | The Department of Finance shall immediately notify the Joint Legislative Budget Committee and the fiscal committees in each house of the Legislature when expenditures pursuant to Provision 2 are occurring at a rate that would exhaust the level of funding in Schedule (5) prior to the end of the fiscal year. | ||||||
| 6. | Any funds in Schedule (5) that are not expended by June
30, 2008, shall revert to the General Fund. | ||||||
| 8. | The amounts appropriated in Schedules (4.1) and (4.4) are available for expenditure by the receiver appointed by the Plata v. Schwarzenegger court to carry out its mission to deliver constitutionally adequate medical care to inmates. | ||||||
| 9. | The amounts appropriated in Schedules (4.2), (4.3) and (4.5) are available for expenditure by the Department of Corrections and Rehabilitation to provide mental health and dental services only. | ||||||
| 10. | Notwithstanding any other provision of law, the Director of Finance may transfer up to $126,555,000 from Item 5225-001-0001 to Item 5225-002-0001 if expenditures within Item 5225-002-0001 exceed the amount appropriated in this Budget Act and there are unspent funds within Item 5225-001-0001 available for transfer. | ||||||
| 11. | Notwithstanding Provision 22 of this Item, unspent funds are available for transfer pursuant to Provision 10. | ||||||
| 22. | Of the funds appropriated in this item, $177,344,000 is available for expenditure only for the purposes identified below. Any unexpended funds shall revert to the General Fund. | ||||||
| (a) | Coleman v. Schwarzenegger, Salary Enhancements ........................ | 37,461,000 | |||||
| (b) | Perez v. Tilton, Comprehensive Inmate Dental Services Program ........................ | 14,040,000 | |||||
| (c) | Perez v. Tilton, Salary Enhancements ........................ | 54,742,000 | |||||
| (d) | Plata v. Schwarzenegger, Pay Enhancements ........................ | 29,630,000 | |||||
| (e) | Coleman v. Schwarzenegger, Reception Center Enhanced Outpatient Program ........................ | 2,211,000 | |||||
| (f) | Implementation of Revised Program Guide for Mental Health Services Delivery System (Ch. 511, Stats. 2006) ........................ | 31,540,000 | |||||
| (h) | California Medical Facility Mental Health Crisis Bed Unit Staffing ........................ | 7,720,000 | |||||