BUDGET TRAILER BILLS CHANGES TO PUBLIC SAFETY REALIGNMENT C ALIFORNIA D EPARTMENT OF C ORRECTIONS AND R EHABILITATION

Budget Trailer Bills Senate Bill 1021  General Public Safety Omnibus  Includes changes to CDCR, including DJJ. Senate Bill 1022  CDCR/County Facilities Construction Senate Bill 1023  Changes to Public Safety Realignment

S ENATE B ILL 1021 CDCR Reorganization Reflects downsizing of CDCR executive staff. Makes changes to the Board of State and Community Corrections. (Formerly the Corrections Standards Authority.)

S ENATE B ILL 1021 Authorizes Department of General Services to sell or lease the Southern Youth Correctional Reception Center and Clinic to the County of Los Angeles.

S ENATE B ILL 1021 Changes to CDCR Female Offender Programs Changes Alternative Custody Program to only allow female inmates, but expands it to allow individuals with prior serious or violent felony convictions to be eligible for consideration for the program. Also specifies that when available and appropriate evidence based practices shall be prioritized in setting individual treatment and rehabilitation plans for inmates placed on ACP.

S ENATE B ILL 1021 Changes to CDCR Female Offender Programs Expands eligibility for the Community Prisoner Mother Program by allowing CDCR to consider, on a case by case basis, individuals who have been convicted of certain violent or controlled substance offenses and inmates with an ICE hold.

S ENATE B ILL 1021 Changes to SB 678 Expands the reporting data required by the Community Corrections Performance Incentive Act to take into account changes made by public safety realignment to also include information delineating between felony probation failures to prison and county jail. Also raises minimum grant amount from $100,000 to $200,000 and specifies that the amount provided to the courts for administrative costs may also be used for public safety realignment implementation.

S ENATE B ILL 1021 Changes to the Board and State and Community Corrections Specifies that the Governor may appoint the executive director. Removes the functions of the Office of Gang and Youth Violence Prevention from the California Emergency Management Agency and transfers it to the BSCC.

S ENATE B ILL 1021 Changes to the Board and State and Community Corrections Tasks the BSCC, in consultation with other agencies and stakeholders, to develop and implement a first phase baseline data collection instrument to reflect the impact of Public Safety Realignment, and requires the Administrative Office of the Courts to collect relevant data from the courts.

S ENATE B ILL 1021 Housing adult offenders. Expands existing county jail authority to contract with nearby counties for the housing of specified offenders to now allow a county to enter into agreement with any county or multiple counties for the purpose of housing any adult offender serving a term in county jail. Authority sunsets July 1, 2015.

S ENATE B ILL 1021 Changes to the Division of Juvenile Justice Lowers the age of jurisdiction for youths committed to DJJ or on parole from a DJJ facility from 25 to 23. Moves up termination of juvenile parole to January 1, 2013, rather than July 1, (Discharge / Out-of-state.) Removes requirement, as of January 1, 2012, that counties pay the state $125,000 per year to incarcerate a youth in the Division of Juvenile Facilities, and instead imposes a $24,000 per year fee for any offender committed on or after July 1, Eliminates existing authority for DJJ to extend the date that a juvenile offender is eligible to appear before the Juvenile Parole Board.

S ENATE B ILL 1021 Civil Addicts Ends the civil addict commitment program, providing that no new commitments shall be made to the program effective July 1, 2012 and the program terminating April 1, Provides for the discharge of all civil addict parolees on July 1, 2013.

S ENATE B ILL 1022 Public Safety Facilities Authorizes CDCR Construction and makes changes to AB 900. Increases funding for local facilities.

S ENATE B ILL 1022 Revises AB 900 authority by: Dedicating $700 million for court ordered medical upgrades. Dedicating $167 million for the conversion of the Dewitt juvenile facility. Relinquishing approximately $4.1 billion in lease revenue bond authority that is no longer needed for implementation of CDCR’s facilities plan Deleting various section of PC related to construction of reentry facilities and the benchmarks associated with phase 2 of infill, reentry, and health care facilities Revising reporting requirements so that the remaining projects are subject to an approval process that is similar to other state capital outlay projects

S ENATE B ILL 1022 Increases AB900 Phase 2 authorization from $602.9 million to $774.2 million (effectively shifting $171.3 million from Phase 1 to Phase 2).

S ENATE B ILL 1022 Jail Construction -- Authorizes $500 million in lease-revenue bonds to fund the construction of local jail facilities. BSCC will administer the program with consideration given to counties that are seeking to replace existing compacted, outdated, or unsafe housing capacity or seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. Also specifies that a participating county may only add capacity using this authority if it clearly documents an existing housing capacity deficiency and does not lease housing capacity to any other public or private entity for 10 years. Local agencies would be required to provide a 10% match to any award received.

S ENATE B ILL 1022 Authorizes $810 million in lease revenue bond authority for CDCR to construct three Level II dorm facilities at existing prisons with the intent that the facilities provide flexible housing for various inmate subpopulations, including, but not limited to, those with disabilities, intermediate medical needs, or mental health treatment needs.

S ENATE B ILL 1022 Requires CDCR to close the CRC upon completion of the three infill facilities authorized by this bill, which is expected to offset the cost of the new infill facilities.

S ENATE B ILL 1023 Changes to Public Safety Realignment

S ENATE B ILL 1023 “Realigned Crimes” Returning to State Prison Sale of a controlled substance to a minor in a park [Health and Safety Code (HS) § ] Harmful matter, seduction of a minor, as specified (PC § 288.2) Repeat violation of various sex offenses with children under 16 or 14 years of age (PC § 647.6) Breaking and entering to molest or annoy a child under 18 years of age (PC § 647.6) Solicitation to commit by force or violence rape, sodomy, oral copulation, or other similar offenses, as specified (PC § 653f) Escape from custody causing serious bodily injury to a peace officer (PC § 836.6) Escape from a mental hospital (PC § 4536)

S ENATE B ILL 1023 “Realigned Crimes” Returning to State Prison Evasion of police by driving the wrong way on a highway (Vehicle Code § ) Purchase, possession or ownership of body armor, as specified (PC § 31360) Drawing a non-firearm deadly weapon in a fight or firearm or other deadly weapon with intent to resist arrest, if serious bodily injury is intentionally inflicted (PC § 417.6)

S ENATE B ILL 1023 State Prison Crimes That Should Have Been “Realigned” Last Year Possession of an explosive substance or any dirk or dagger (PC §§ 19100, 21310) Manufacturing, importing, selling, providing, or possessing certain deadly weapons: (e.g., brass knuckles, cane swords.) (PC §§ 19200, 20110, 20310, 20410, 20510, 20610, 20710, 20910, 21110, 21810, 22010, 22210, 22410, 24310, 24410, 24510, 24610, 24710, 30215, 31500, 32310, 32900, 33215, 33600, ) Check fraud (PC § 476a) Electronically defrauding Cal Fresh program for more than $2.5 million [HS § 10980(h)(1)(D)]

S ENATE B ILL 1023 Mandatory Supervision Makes the following changes specific to mandatory supervision: Defines mandatory supervision as the portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer. Clarifies that mandatory supervision qualifies as a prior term for the purpose of imposing a one-year sentence enhancement Extends the authority of probation officers and parole agents to those on mandatory supervision. Specifies that any time period which is suspended because a person has absconded would not be credited toward the period of supervision. Specifies that in addition to probationers, those on mandatory supervision may be transferred to the jurisdiction of another county on the motion of the petitioner.

S ENATE B ILL 1023 Revocation Procedures Makes current probation revocation procedures applicable to all four existing categories of supervision revocation procedures for consistency purposes: probation, mandatory supervision, postrelease community supervision, and parole. These changes include:

S ENATE B ILL 1023 Revocation Procedures Requiring that court proceedings to revoke, modify, or terminate mandatory supervision, postrelease community supervision, and, beginning July 1, 2013, parole, be conducted under current procedural requirements for probation revocation. Preserving court authority to employ hearing officers to conduct parole and post release community supervision revocation proceedings. As of July 1, 2013, vesting the courts with sole authority to issue warrants for parolees, and clarifying that warrants issued by BPH before July 1, 2013 remain in effect until served or recalled by the Board. Clarifying that person supervised on parole and postrelease community supervision are prohibited from petitioning courts for early discharge of supervision under that section.

S ENATE B ILL 1023 Changes to Parole Removes mandatory discharge from parole (unless BPH/parole authority acts to retain the person on parole). A parolee will remain on parole unless the parole authority affirmatively acts to discharge from parole.

S ENATE B ILL 1023 New Penal Code section 3056 Specifies that a parolee held in a local jail is under the sole legal custody and jurisdiction of the local county facility even if placed in an alternative custody program by the Sheriff. When released from the local jail or county alternative custody program, the parolee shall be returned to the parole supervision of the CDCR for the duration of the parole period.

S ENATE B ILL 1023 PRCS Technical Changes Specifies that specified persons on postrelease community supervision can serve no more time that they would have had they remained on parole. Clarifies that the 180 day limitation on the time that a parole or postrelease community supervision violator can serve in county jail applies per revocation or for each custodial sanction.

S ENATE B ILL 1023 Conforming PRCS and Mand. Supervision Adds offenders on post release community supervision or mandatory supervision to existing law provisions requiring offenders to provide genetic samples for the purposes of solving crimes. Extends the authority of DOJ and other local agencies to provide criminal history information to an attorney working in a criminal case or parole revocation hearing to post release community supervision and mandatory supervision revocation hearings. Standardizes HIV and Hepatitis testing and notification requirements for all persons subject to local supervision.

S ENATE B ILL 1023 Local Capacity Increases from 5 days to 30 days the timeframe that a jail may shorten an inmate’s sentence, with agreement with the presiding justice, due to overcrowding. (PC ) Removes the January 1, 2015 sunset on county authority to contract with other public agencies to provide inmate housing in community correctional facilities. Requires contracted facilities to follow Title 15.

S ENATE B ILL 1023 Local Capacity Increases from 5 days to 30 days the timeframe that a jail may shorten an inmate’s sentence, with agreement with the presiding justice, due to overcrowding. (PC ) Removes the January 1, 2015 sunset on county authority to contract with other public agencies to provide inmate housing in community correctional facilities. Requires contracted facilities to follow Title 15. Allows eligibility for an electronic monitoring program for inmates held without bail based on a determination by the correctional administrator that the inmate’s participation would be consistent with the public safety interest of the community.

S ENATE B ILL 1023 Terms and Conditions Removes requirement that an offender sign the conditions of postrelease community supervision and simply requires that the offender be given notification of the terms of their release.

Q UESTIONS ? Aaron R. Maguire Assistant Secretary, Office of Legislation California Department of Corrections and Rehabilitation (916)