Amended
IN
Senate
June 22, 2020 |
Amended
IN
Senate
June 13, 2019 |
Amended
IN
Senate
June 11, 2019 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Chiu, Cooper, Frazier, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Mark Stone, Weber, Wicks, and Wood) |
December 03, 2018 |
(1)Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person. Existing law generally makes records of investigations conducted by any state or local police agency exempt from these requirements, except that a video or audio recording that relates to a critical incident, as defined, may only be withheld temporarily under specified circumstances. If disclosure of a recording would violate the reasonable expectation of privacy of a subject of the recording that cannot be adequately protected through redaction, existing law requires the recording to be disclosed, upon request, to the subject of the recording whose privacy is to be protected. If disclosure to the person whose privacy is to be protected would substantially interfere with a criminal or
administrative investigation, existing law requires the agency to provide the requester with the specific basis for making that determination. Under these circumstances, existing law purports to require the agency to provide the video or audio recording and allows the agency to withhold the recording for 45 days, subject to extensions.
This bill would instead require the agency to provide the estimated date for the disclosure of the video or audio recording under these circumstances, and would allow the agency to withhold the recording for the 45 day period, subject to extensions, as provided by existing law.
(2)Existing law establishes the California Law Revision Commission to examine the law for defects or anachronisms, or for antiquated or inequitable rules of law, and to recommend necessary reforms. Existing law requires the commission to study any topic that the Legislature, by concurrent
resolution or statute, refers to the commission.
This bill would, commencing January 1, 2020, establish within the commission the Committee on Revision of the Penal Code, consisting of 7 members who would be appointed by the Legislature and the Governor. The bill would require the committee to study and make recommendations on revision of the Penal Code to achieve certain objectives, including simplifying and rationalizing the substance of criminal law and establishing alternatives to incarceration.
The bill would apply various provisions concerning the commission to the committee, including those relating to access to research materials, cooperation with other entities, and reporting requirements.
(3)Existing law prohibits a commission employee or member appointed by the Governor from advocating the passage or defeat of legislation concerning matters
assigned to the commission or from appearing before any committee of the Legislature as to those matters unless requested by the committee or its chairperson.
This bill would instead authorize a commission employee or member to appear and testify at any legislative committee hearing on legislation to implement a commission recommendation for the purpose of explaining the recommendation, if the employee or member does not advocate the passage or defeat of the legislation.
The bill would also make changes to other provisions concerning the commission, including those relating to quorum requirements, compensation of members, and the appointment of an executive director.
(4)Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system, and establishes 3 undersecretaries appointed by the Governor:
the Undersecretary for Administration and Offender Services, the Undersecretary for Health Care Services, and the Undersecretary for Operations. Under existing law, the Undersecretary for Administration and Offender Services oversees certain divisions, including the Division of Fiscal and Business Services and the Division of Internal Oversight and Research.
This bill would rename the Undersecretary for Administration and Offender Services as the Undersecretary of Administration, and would rename the Division of Internal Oversight and Research as the Division of Correctional Policy Research and Internal Oversight. The bill would also eliminate the Division of Fiscal and Business Services.
(5)Existing law establishes the Division of Juvenile Justice within the Department of Corrections and Rehabilitation to operate facilities to house specified juvenile offenders. Existing law establishes the
California Health and Human Services Agency, which includes the State Department of Public Health, among other state departments charged with the administration of health, social, and other human services.
This bill would establish, commencing July 1, 2020, the Department of Youth and Community Restoration in the California Health and Human Services Agency and would abolish the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. The bill would vest the Department of Youth and Community Restoration with all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the Division of Juvenile Justice, and would make conforming changes. The bill would require the Division of Juvenile Justice, commencing July 1, 2019, and in coordination with the California Health and Human Services Agency and the Department of Corrections and Rehabilitation, to initiate the transfer process, and would require the transfer
to be completed by July 1, 2020. The bill would require the Secretary of California Health and Human Services to convene a committee of the California Child Welfare Council to provide input and recommendations related to the Department of Youth and Community Restoration’s policies and programs that promote a commitment to improving youth outcomes, reducing youth detention, and reducing recidivism and would require the Department of Youth and Community Restoration to report, as part of the budget process, regarding the committee’s input and recommendations until 2025.
The bill would require the Division of Juvenile Justice to enter into memoranda of understanding with the California Health and Human Services Agency, the California Conservation Corps, the California Volunteers, the Department of Corrections and Rehabilitation, the Department of Forestry and Fire Protection, the Office of the Inspector General, and any other state agency, department, or office to
ensure the initiation or continuation of services with the Department of Youth and Community Restoration.
The bill would authorize the Department of Youth and Community Restoration to enter into agreements with the Prison Industry Authority and the Department of Forestry and Fire Prevention for the creation and maintenance of work programs, rehabilitative services, and workforce development opportunities. The bill would allow any shops or buildings employing individuals subject to the department’s jurisdiction to be rebuilt or repaired under the direction of the Prison Industry Authority.
The bill would, until July 1, 2020, authorize the Division of Juvenile Justice to develop and establish a precorps transitional training program with the California Conservation Corps to provide training and development to approximate the experience of serving in a conservation corps. The bill would, commencing July 1, 2020, authorize the
Department of Youth and Community Restoration to develop the precorps transitional training program.
(6)Existing law authorizes the Board of State and Community Corrections (BSCC) or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the BSCC, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law allows the BSCC to issue up to $509,060,000 and $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities and continuously appropriates these funds for this purpose.
Existing law requires a county requesting to add housing capacity or making a request
that will result in an increase of capacity using this funding to certify and covenant in writing that the county will not be leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility.
This bill would exempt the leasing of housing capacity to state agencies from this covenant requirement, thereby expanding the use of continuously appropriated funds and making an appropriation. If a county enters into a leasing housing capacity agreement that includes any state agency other than the State Department of State Hospitals, the bill would require the Department of Finance to report that fact to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the respective fiscal committees of each house.
(7)Existing law, until January 1, 2021, creates the crime of
organized retail theft, and sets forth criminal procedures governing the prosecution of certain types of theft and other misdemeanors, including establishing the jurisdiction of a criminal action for certain types of theft, authorizing a peace officer to retain a person or issue a bench warrant for a person arrested for a misdemeanor if the person has failed to appear in court, as specified, and authorizing a diversion or deferred entry of judgment program for repeat theft offenses. Existing law, until January 1, 2021, also requires the BSCC to award funding for a grant program to reduce the recidivism of high-risk misdemeanor probationers and requires the Department of the California Highway Patrol to convene a regional property crimes task force, as specified.
This bill would extend the operation of all those provisions until July 1, 2021. By extending the effective date of existing crimes and by increasing the number of persons subject to detention at the county
jail, this bill would create a state-mandated local program.
(8)The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, grants the Department of Corrections and Rehabilitation the authority to award credits earned for good behavior and approved rehabilitative or educational achievements and requires the department to adopt regulations in furtherance of this grant of authority.
This bill would require the Department of Corrections and Rehabilitation to submit a report to the relevant fiscal and policy committees of the Legislature and the Legislative Analyst’s Office whenever the Department of Corrections and Rehabilitation proposes regulatory changes pursuant to this authority that would affect inmate credit earning, as specified.
(9)Existing law requires the
Department of Corrections, as part of its oversight of state prisons, to provide specified rehabilitative programming and provides for funding for innovative programming by not-for-profit organizations offering programs that have demonstrated success and focus on offender responsibility and restorative justice principles.
This bill would establish the California Reentry and Enrichment (CARE) Grant program to provide grants to community-based organizations (CBOs) that provide rehabilitative services to incarcerated individuals. The bill would require the department to establish a CARE Grant program steering committee that would perform specified duties, such as establishing grant criteria. The bill would establish criteria for the award of grants, including that the grants be awarded to programs that provide insight-oriented restorative justice and offender accountability programs.
(10)Existing law
establishes the Board of Parole Hearings, which is composed of 15 commissioners appointed by the Governor, and subject to Senate confirmation, for staggered 3-year terms.
This bill would instead make the Board of Parole Hearings composed of 17 commissioners, and would provide for the expiration and staggering of the terms of those 2 additional commissioners, as specified.
(11)Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of a person, including name, date of birth, social security number, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. Existing law requires the Attorney General to furnish this information to specified persons, agencies,
or organizations, including the Department of Corrections and Rehabilitation, if needed in the course of their duties. Existing law makes it a crime for any person authorized by law to receive state summary criminal history information to knowingly furnish the information to a person who is not authorized by law to receive it.
This bill would authorize the Department of Corrections and Rehabilitation to provide the social security numbers of current or former inmates to the Employment Development Department, the California Workforce Development Board, or the California Workforce Development Board’s designee for specified purposes relating to tracking the labor market and other workforce development outcomes. The bill would require these entities to keep the social security numbers confidential and would prohibit the entities from disseminating the social security numbers. Because this bill would expand the group of persons who can be convicted for knowingly
furnishing state summary criminal history information to unauthorized persons, it would expand the scope of an existing crime and therefore impose a state-mandated local program.
(12)Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission to adopt rules regarding the minimum occupational standards governing peace officers. Existing law requires specified categories of peace officers to meet training standards pursuant to courses certified by the commission.
This bill would, commencing February 1, 2020, and each year thereafter, require the commission to submit an annual report, including specified information, to the Legislature on the overall effectiveness of any additional funding appropriated by the Legislature on or after July 1, 2019, in improving peace officer training.
(13)Existing law creates the Peace Officers’ Training Fund, a continuously appropriated fund, and until January 1, 2019, required the Commission on Peace Officer Standards and Training (POST), to annually allocate grants from the fund to each city, county, district, or joint powers agency that applied and qualified for aid.
Existing law creates the State Penalty Fund, into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Existing law authorizes POST to establish and levy appropriate fees in carrying out specified responsibilities relating to training and certifying reserve officers, and requires those fees to be deposited in the State Penalty Fund. Existing law requires POST to annually allocate grants from the State Penalty Fund to each city, county, district, or joint powers agency that applies and qualifies for aid, as
specified.
This bill would abolish the Peace Officers’ Training Fund and would designate the State Penalty Fund as its successor fund. The bill would make conforming changes.
(14)Existing law requires the Attorney General to establish and maintain an online database known as the Prohibited Armed Persons File, also referred to as the Armed Prohibited Persons System (APPS), to cross-reference persons who have ownership or possession of a firearm and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm.
This bill would require the Department of Justice to report, no later than April 1, 2020, and no later than April 1 of each year thereafter, to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature on specified
information related to the APPS, including the number of individuals in the APPS and the degree to which the backlog in the APPS has been reduced or eliminated.
(15)Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of their duties and is not open to the public. However, existing law permits the use of the information for specified purposes, including to enable the California Workforce Development Board and other entities to access any relevant quarterly wage data necessary for the evaluation and reporting of specified workforce program performance outcomes. Existing law makes it a crime for any person to knowingly access, use, or disclose this confidential information without authorization.
This bill would add the Department of
Corrections and Rehabilitation and the Prison Industry Authority to the list of entities permitted to use information obtained in the administration of the Unemployment Insurance Code for the purpose described above. Because this bill would expand the group of persons who can be convicted for knowingly accessing, using, or disclosing this information without authorization, it would expand the scope of an existing crime and therefor impose a state-mandated local program.
(16)This bill would incorporate additional changes to Section 1095 of the Unemployment Insurance Code proposed by AB 83 to be operative only if this bill and AB 83 are enacted and this bill is enacted last.
(17)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.
(18)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(2)For the 2020–21 award year:
(A)(i)If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in
the 2019–20 academic year meets or exceeds a target of 2,000, nine thousand eighty-four dollars ($9,084) for new recipients.
(ii)The Fall 2019 cohort shall be reported showing progress towards the annual goal by April 2020. The association representing the largest number of independent colleges and universities shall provide, by April 2020, a list of campuses that have adopted, or are in the process of adopting, the associate degree for transfer pathway.
(B)If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the 2019–20 academic year is fewer than 2,000, eight thousand fifty-six dollars ($8,056) for new recipients.
(3)
(4)
(5)
(2)
(G)For the 2020–21 fiscal year and for each fiscal year thereafter, one hundred seventeen million dollars ($117,000,000).
(5)
(e)
(2)For the 2019–20 fiscal year, the marginal funding rates for the base allocation, supplemental allocation, and student success allocation shall be set to align with the total computational revenue computed by the Department of Finance for community college apportionments as computed for purposes of the 2019–20 Budget Act, in the following manner, after accounting for funding for the hold harmless provisions in subdivisions (g) and (h):
(A)Seventy percent of the total computational revenue shall be
distributed to the base allocation pursuant to subdivision (c) and subparagraph (C) of paragraph (1) of subdivision (d).
(B)Twenty percent of the total computational revenue shall be distributed to the supplemental allocation pursuant to subdivision (e).
(C)(i)Ten percent of the total computational revenue shall be distributed to the student success allocation pursuant to subdivision (f).
(ii)Of the funding distributed pursuant to clause (i), 75 percent shall be allocated for purposes of paragraph (1) of subdivision (f) and 25 percent shall be allocated for purposes of paragraph (2) of subdivision (f).
(3)It is the intent of the Legislature that the final rates set pursuant to paragraph (2) be established in statute for the
2020–21 fiscal year.
(7)Commencing with the 2019–20 fiscal year, the chancellor’s office shall publicly post the data, by community college district, used to calculate the supplemental and student success allocations pursuant to subdivisions (e) and (f) on the internet
website of the chancellor’s office. The chancellor’s office shall publicly post a preliminary version of the data for the most recently completed fiscal years by November 15 of each year, and a final version of that data by March 15 of each year.
(g)
(h)
(q)
6440-001-0007—For support of University of California, payable from the Breast Cancer Research Account, Breast Cancer Fund
........................
| |||||||
Schedule: | |||||||
(1) | 5440-Support
........................
|