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



Current Version: 06/29/20 - Amended Senate         Compare Versions information image


AB1007:v95#DOCUMENT

Amended  IN  Senate  June 29, 2020
Amended  IN  Senate  June 25, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1007


Introduced by Assembly Member Jones-Sawyer

February 21, 2019


An act to amend Section 19635 of the Government Code, relating to public employment. Section 30061 of the Government Code, and to amend Section 749.22 of the Welfare and Institutions Code, relating to local government financing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1007, as amended, Jones-Sawyer. State Civil Service Act: adverse action: notice. Local government financing: juvenile justice.
Under existing law, there is established in each county treasury a Supplemental Law Enforcement Services Account (SLESA) to receive all amounts allocated to a county for specified purposes. In any fiscal year for which a county receives moneys to be expended for implementation, existing law requires the county auditor to allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. Existing law requires the moneys to be allocated in specified amounts, including, but not limited to, 50% to a county or city and county to implement a comprehensive multiagency juvenile justice plan, as specified. Existing law requires the juvenile justice plan to be developed by the local juvenile justice coordinating council in each county and city and county. Existing law requires the plan to be annually reviewed and updated by the council and submitted to the Board of State and Community Corrections. Existing law requires the multiagency juvenile justice plan to include certain components, including, but not limited to, a local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency. Existing law also requires each council to annually report to their board of supervisors and the board information on the effectiveness of the programs and strategies funded under these provisions, and requires the board to annually report this information to the Governor and the Legislature and post it on its internet website.
This bill would revise and recast required components of the multiagency juvenile justice plan to, among other things, additionally require a plan to include an assessment of existing community-based youth development services, identification and prioritization of areas of the community that face significant public safety risk from violence and crime, documentation of the effectiveness of the programs funded under these provisions, and a description of the target population funded under these provisions. The bill would require programs and strategies funded under these provisions to, among other things, be modeled on trauma-informed and youth development approaches and in collaboration with community-based organizations. The bill would require that at least 95% of the funds allocated under these provisions be distributed to community-based organizations and other public agencies or departments that are not law enforcement entities, as specified. The bill would require a council to include additional information in its annual report to the board of supervisors and the board relating to their programs, including data on participants, and would impose additional requirements on the board with respect to those annual reports, including, but not limited to, providing a statewide analysis of county spending.
Existing law requires a juvenile justice coordinating council to consist of certain members, including, but not limited to, the chief probation officer, as chair, and a representative from the district attorney’s office, the public defender’s office, and the sheriff’s department, among others.
This bill would revise and recast those membership provisions, and instead require each Juvenile Justice Coordinating Council to, at a minimum, include 7 members and consist of at least 50% community representatives with the remainder of the seats allocated to government agencies. The bill would require a council to select 2 cochairs from amongst its members, as specified. The bill would require a council to meet no less than 3 times per year and announce its meetings at least 10 days in advance of a meeting.

The State Civil Service Act requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline, upon which the notice is based, first arose. That act provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification.

This bill would prohibit adverse action based on fraud, embezzlement, falsification of records, harassment on specified bases, sexual assault, or a cause for discipline that is the subject of a criminal investigation or criminal prosecution for a felony, from being valid unless notice is served within 3 years after the discovery of the cause for discipline. The bill would also prohibit adverse action from being valid unless notice is served within one year after the discovery of the cause for discipline if the cause for discipline is not of those excepted bases specified in the previous sentence and it was discovered on or after January 1, 2020. The bill would also make other clarifying changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


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, 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, 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 the County of Kern, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in 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. 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 youth services resources that specifically target at-risk juveniles, juvenile offenders, community-based youth development services and resources that specifically target 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 and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders. that is modeled on a framework of youth development and demonstrates a community-based, collaborative, and integrated approach for 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, 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)The

(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, strategies, and system enhancements, programs and strategies and related expenditures made by each county and city and county from the appropriation made for the purposes of this paragraph. The
(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.
(iii) 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. 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 the County of Kern, the Lake Shastina Community Services District within the County of Siskiyou, or the Kensington Police Protection and Community Services District within 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 the County of Kern, the Lake Shastina Community Services District within the County of Siskiyou, or the Kensington Police Protection and Community Services District within the County of Contra Costa 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 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 shall, at a minimum, include the chief probation officer, as chair, and 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 community representatives who are currently or formerly justice system-involved and representatives from nonprofit nonprofit, community-based organizations providing services to minors. 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 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 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 Budget Act of 1995 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, and youth services resources that specifically target at-risk juveniles, juvenile offenders, development services and resources 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 and delinquency in the areas targeted pursuant to subdivision (b) and violence and 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, 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.

SECTION 1.Section 19635 of the Government Code is amended to read:
19635.

(a)Except as provided in subdivision (b) or (c), adverse action shall not be valid against any state employee for any cause for discipline based on any civil service law of this state unless notice of the adverse action is served within three years after the cause for discipline first arose.

(b)Notwithstanding subdivision (a), if the cause for discipline is not specified in subdivision (c) and was discovered on or after January 1, 2020, adverse action shall not be valid against any state employee for any cause for discipline based on any civil service law of this state unless notice of the adverse action is served within one year after the discovery of the cause for discipline.

(c)Notwithstanding subdivision (a), adverse action based on any of the following causes of discipline shall not be valid unless notice of the adverse action is served within three years after the discovery of the cause for discipline:

(1)Fraud.

(2)Embezzlement.

(3)Falsification of records.

(4)Harassment on the basis of race, color, religion, sex, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.

(5)Sexual assault.

(6)A cause for discipline that is the subject of a criminal investigation or criminal prosecution for a felony.