Today's Law As Amended


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AB-1007 Local government financing: juvenile justice.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 30061 of the Government Code is amended to read:

30061.
 (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter.
(b) In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of the Counties of  Madera, Napa, and Santa Clara Counties,  Clara,  this allocation shall be made to the county director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of the Counties of  San Mateo, Kern, Siskiyou, and Contra Costa Counties,  Costa,  also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the  the County of Kern, the  Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County,  the County of Contra Costa,  as specified in the most recent January estimate by the Demographic Research Unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (i), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No A  person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall not  also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (i), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in a SLESA established in the city treasury.
(4) Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. The plan shall be reviewed and updated annually by the council. The plan or updated plan may, at the discretion of the county or city and county, be approved by the county board of supervisors. The plan or updated plan shall be submitted to the Board of State and Community Corrections by May 1 of each year in a format specified by the board that consolidates the form of submission of the annual comprehensive multiagency  juvenile justice multiagency  plan to be developed under this chapter with the form for submission of the annual Youthful Offender Block Grant plan that is required to be developed and submitted pursuant to Section 1961 of the Welfare and Institutions Code.
(A) The comprehensive  multiagency juvenile justice plan shall include, but not be limited to, all of the following components:
(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and community-based  youth development  services and  resources that specifically target at-risk juveniles, juvenile offenders,  at-promise youth, youth involved in the justice system,  and their families.
(ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use. violence and crime. 
(iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency that is modeled on a framework of youth development  and demonstrates a collaborative  community-based, collaborative,  and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders. at-promise youth and youth involved in the justice system. 
(iv) A description of the programs, strategies, or system enhancements  programs and strategies  that are proposed to be funded pursuant to this subparagraph. subparagraph, including documentation of their effectiveness, specific objectives, and outcome measures. 
(v) A description of the target population for the programs and strategies that are proposed to be funded pursuant to this subparagraph, including a description of the target population’s race, ethnicity, age, gender identity, and residence ZIP Code.
(B) Programs, strategies, and system enhancements  Programs and strategies  proposed to be funded under this chapter shall satisfy all of the following requirements:
(i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation. crime and violence and are modeled on trauma-informed and youth development approaches. 
(ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate. appropriate, and prioritize collaboration with community-based organizations. 
(iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies. strategies, while still protecting participant confidentiality in prearrest and prebooking diversion programs. 
(C) (i) No less than 95 percent of the funds allocated under this chapter shall be distributed through an accessible and transparent solicitation process to the following types of entities:
(I) Community-based organizations.
(II) Public agencies or departments that are not law enforcement agencies or departments.
(ii) Funds distributed to entities listed in subclauses (I) and (II) of clause (i) shall not be used for law enforcement activities or personnel.
(C) (D)  To assess the effectiveness of programs, strategies, and system enhancements  programs and strategies  funded pursuant to this paragraph, the Juvenile Justice Coordinating Council of  each county or city and county shall submit by October 1 of each year a report to the county board of supervisors and to the Board of State and Community Corrections on the programs, strategies, and system enhancements  programs and strategies  funded pursuant to this chapter. The report shall be in a format specified by the board that consolidates the report to be submitted pursuant to this chapter with the annual report to be submitted to the board for the Youthful Offender Block Grant program, as required by subdivision (c) of Section 1961 of the Welfare and Institutions Code. The report shall include all of the following:
(i) An updated description of the programs, strategies, and system enhancements  programs and strategies  that have been funded pursuant to this chapter in the immediately preceding fiscal year. Descriptions shall include evidence supporting the program, program staff qualifications and positions, and the number of years the program has received funding under this chapter. 
(ii) An accounting of expenditures during the immediately preceding fiscal year for each program, strategy, or system enhancement  program or strategy  funded pursuant to this chapter.
(iii) A description and expenditure report for programs, strategies, or system enhancements  programs and strategies  that have been cofunded during the preceding fiscal year using funds provided under this chapter and Youthful Offender Block Grant funds provided under Chapter 1.5 (commencing with Section 1950) of Division 2.5 of the Welfare and Institutions Code.
(iv) An updated list of Juvenile Justice Coordinating Council members, including their assigned seats and professions, if applicable, and dates for all council meetings in the immediately preceding fiscal year.
(iv) (v)  Countywide juvenile justice trend data available from existing statewide juvenile justice data systems or networks, as specified by the Board of State and Community Corrections, including, but not limited to, arrests, diversions, petitions filed, petitions sustained, placements, incarcerations, subsequent petitions, and probation violations, and  disaggregated by race, ethnicity, gender identity, age, and residence ZIP Code, and  including, in a format to be specified by the board, a summary description or analysis, based on available information, of how the programs, strategies, or system enhancements  programs and strategies  funded pursuant to this chapter have or may have contributed to, or influenced, the juvenile justice data trends identified in the report.
(vi) Data on the total number of youth referred to and receiving services funded under this chapter, disaggregated by program, race, ethnicity, age, gender identity, residence ZIP Code, probation status, charges or activities warranting intervention, and program outcomes, including, but not limited to, an accounting of all participants’ completion or noncompletion of the program.
(D) (E)  The board shall, within 45 days of having received the county’s report, post on its internet website the report and  a description or summary of the programs, strategies, or system enhancements  programs and strategies  that have been supported by funds made available to the county under this chapter.
(E) (i) The Board of State and Community Corrections shall compile the local reports and, by March 1 of each year following their submission, make a report to the Governor and the Legislature summarizing the programs and strategies and related expenditures made by each county and city and county from the appropriation made for the purposes of this paragraph.
(ii) The annual report shall provide statewide analysis of county spending on programs and strategies that have been funded pursuant to this chapter, including a quantitative and qualitative description of the total population of youth served in the preceding fiscal year, disaggregated by race, ethnicity, age, gender identity, residence ZIP Code, and charges or activities warranting intervention.
(E) (iii)  The Board of State and Community Corrections shall compile the local reports and, by March 1 of each year following their submission, make a report to the Governor and the Legislature summarizing the programs, strategies, and system enhancements and related expenditures made by each county and city and county from the appropriation made for the purposes of this paragraph. The  annual report to the Governor and the Legislature shall also summarize the countywide trend data and any other pertinent information submitted by counties indicating how the programs, strategies, or system enhancements  programs and strategies  supported by funds appropriated under this chapter have or may have contributed to, or influenced, the trends identified. The board may consolidate the annual report to the Legislature required under this paragraph with the annual report required by subdivision (d) of Section 1961 of the Welfare and Institutions Code for the Youthful Offender Block Grant program. The annual report shall be submitted pursuant to Section 9795, and shall be posted for access by the public on the internet website of the board.
(c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures:
(1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any A  request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs.
(2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city.
(3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the  the County of Kern, the  Lake Shastina Community Services District within Siskiyou County,  the County of Siskiyou,  or the Kensington Police Protection and Community Services District within Contra Costa County,  the County of Contra Costa,  the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district.
(d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the  the County of Kern, the  Lake Shastina Community Services District within Siskiyou County,  the County of Siskiyou,  or the Kensington Police Protection and Community Services District within the County of  Contra Costa County  receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b).
(e) For the 2011–12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (c) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b).
(g) Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (d) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). The Controller shall allocate funds in monthly installments to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance.
(h) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law Enforcement Services Account, and after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount. This subdivision shall become inoperative on July 1, 2015.
(i) In the 2010–11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions.
(j) The county auditor shall redirect unspent funds that were remitted after July 1, 2012, by a local agency to the County Enhancing Law Enforcement Activities Subaccount pursuant to subdivision (h), to the local agency that remitted the unspent funds in an amount equal to the amount remitted.

SEC. 2.

 Section 749.22 of the Welfare and Institutions Code is amended to read:

749.22.
 To be eligible for this grant, each county shall be required to establish a multiagency juvenile justice coordinating council  Juvenile Justice Coordinating Council  that shall develop and implement a continuum of county-based responses to juvenile crime. The coordinating councils shall, at a minimum, include the chief probation officer, as chair, and  seven members with at least 50 percent community representatives with the remainder of seats allocated to government agencies. A community representative shall be defined as an individual who has not formerly served as a law enforcement agent and who is not currently a government employee. The coordinating councils may include  one representative each from the district attorney’s office, the county probation department, the  public defender’s office, the sheriff’s department, the  board of supervisors, the department of social services, the department of mental health, a community-based drug and alcohol program, a city police department, and  the county office of education or a school district, and an at-large community representative.  district.  In order to carry out its duties pursuant to this section, a coordinating council shall also include representatives from nonprofit community representatives who are currently or formerly justice system-involved and representatives from nonprofit,  community-based organizations providing services to minors. The  youths. The coordinating councils shall elect two cochairs from among its members, at least one of which shall be a community representative. The  board of supervisors shall be informed of community-based organizations participating on a coordinating council. The coordinating councils shall develop a comprehensive, multiagency  meet no less than three times per year and announce meetings at least 10 days in advance of a meeting. The coordinating councils shall develop a comprehensive multiagency juvenile justice  plan that identifies the resources and strategies for providing an effective continuum of responses for the prevention, intervention, supervision, treatment, and incarceration of male and female juvenile offenders, including strategies to develop and implement locally based or regionally based out-of-home placement options for youths who are persons described in Section 602. Counties may utilize community punishment plans developed pursuant to grants awarded from funds included in the 1995 Budget Act to the extent the plans address juvenile crime and the juvenile justice system or local action plans previously developed for this program.  at-promise youth and youth involved in the justice system.  The plan shall include, but not be limited to, the following components:
(a) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol alcohol,  and youth development  services and  resources which specifically target at-risk juveniles, juvenile offenders,  that specifically target at-promise youth, youth involved in the justice system,  and their families.
(b) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substance sales, firearm-related violence, and juvenile alcohol use within the council’s jurisdiction. violence and crime. 
(c) A local action plan (LAP) for improving and marshaling the resources set forth in subdivision (a) to reduce the incidence of juvenile crime  violence  and delinquency in the areas targeted pursuant to subdivision (b) and the  crime in the  greater community. The councils shall prepare their plans to maximize the provision of collaborative and integrated services of all the resources set forth in subdivision (a), and shall provide specified strategies for all elements of response, including prevention, intervention, suppression, and incapacitation, to provide a continuum for addressing the identified male and female juvenile crime problem, and strategies to develop and implement locally based or regionally based out-of-home placement options for youths who are persons described in Section 602. a continuum of responses for at-promise youth and youth involved in the justice system. 
(d) Develop information and intelligence-sharing systems to ensure that county actions are fully coordinated, and to provide data for measuring the success of the grantee in achieving its goals.  goals, while protecting participant confidentiality in prearrest and prebooking diversion programs.  The plan shall develop goals related to the outcome measures that shall be used to determine the effectiveness of the program.
(e) Identify outcome measures measures,  which shall include, but not be limited to, all of  the following:
(1) The rate of juvenile arrests.
(2) The rate of successful completion of probation.
(3) The rate of successful completion of restitution and court-ordered community service responsibilities.