SB 144, as amended, Cannella. 2013 Realignment Legislation addressing justice reinvestment.
(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined.
This bill, the 2013 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance, in consultation with the Legislative Analyst, to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $819,857,000 from the General Fund to the Realignment Reinvestment Fund for the 2013-14 fiscal year, thereby making an appropriation. The bill would, beginning in the 2014-15 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year’s estimate and the calculated prior fiscal year net savings, thereby making an appropriation.
The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fundbegin insert, no later than September 1 of each year,end insert to each county for deposit in the county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county.
The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county’s local Community Corrections Partnership and to be voted on by an executive committee of each county’s Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a 4⁄5 vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program.
The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislature, and would require the director to report those estimates to the Legislature, as provided.
The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill’s provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year, and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund.
(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
This act shall be known and may be cited as the 2013 Realignment Legislation addressing justice reinvestment.
The Legislature finds and declares all of the following:
4(a) The Legislature is committed to reducing recidivism among 
5criminal offenders, ensuring that local governments have adequate 
6funding to achieve this goal, and facilitating the responsible 
7implementation of the criminal justice polices contained in the 
82011 Realignment Legislation addressing public safety.
9(b) California must continue to reinvest its criminal justice 
10resources to support community-based corrections programs, 
11evidence-based practices, and local correctional facilities in order 
12to achieve improved public safety returns on this state’s substantial 
13investment in its criminal justice system.
14(c) Realigning low-level felony offenders who do not have prior 
15convictions for serious, violent, or sex offenses to locally run, 
16community-based corrections programs, which are strengthened 
17through community-based punishment, evidence-based practices, 
18improved supervision strategies, and enhanced secured capacity, 
19has the potential to improve public safety outcomes for adult felons 
20and facilitate their reintegration back into society. However, local 
21governments have indicated that current resources provided by the 
22state to achieve these goals are inadequate. This lack of resources 
P4    1has resulted in an increase in criminal activity throughout the state 
2that indicates that realignment is failing to achieve its stated goals. 
3As a result, community-based corrections programs require 
4additional funding to meet the level of need and provide an 
5appropriate level of service for offender populations shifted as a 
6result of the 2011 Realignment Legislation
		  addressing public 
7safety.
8(d) By enacting the 2011 Realignment Legislation addressing 
9public safety, the Legislature affirmed its commitment to justice 
10reinvestment and stated that the purpose of justice reinvestment 
11is to manage and allocate criminal justice populations more cost 
12effectively, generating savings that can be reinvested in 
13evidence-based strategies that increase public safety while holding 
14offenders accountable.
15(e) In order to properly implement the 2011 Realignment 
16Legislation addressing public safety, it is the intent of the 
17Legislature to fully commit to justice reinvestment by using 
18identified state savings generated by the 2011 Realignment 
19Legislation addressing public safety and any other necessary funds 
20to provide local governments with maximum flexibility and 
21adequate funding to manage these new offenders in the manner 
22that is in the best interest of public
		  safety, most appropriate to each 
23county, and consistent with principles of justice reinvestment.
Chapter 6.4 (commencing with Section 30030) is added 
25to Division 3 of Title 3 of the Government Code, to read:
26
For purposes of this chapter, “realigned offenders” 
30means offenders sentenced to a county jail or to mandatory 
31supervision, or to both county jail and mandatory supervision, 
32pursuant to subdivision (h) of Section 1170 of the Penal Code, 
33offenders subject to postrelease community supervision pursuant 
34to Title 2.05 (commencing with Section 3450) of Part 3 of the 
35Penal Code, and any other offenders under county supervision 
36whose supervision would have been the responsibility of the state 
37if the 2011 Realignment Legislation addressing public safety had 
38not been enacted.
(a) (1) The Realignment Reinvestment Fund is hereby 
40established in the State Treasury. Moneys in the fund are 
P5    1continuously appropriated and shall be used exclusively for the 
2purposes of this chapter.
3(2) (A) Beginning in 2014, on or after July 1, and no later than 
4August 31 of each year, the Director of Finance shall, in 
5consultation with the Legislative Analyst, annually calculate both 
6of the following:
7(i) The actual net savings to the state for the immediately 
8preceding fiscal year resulting from the 2011 Realignment 
9Legislation addressing public safety.
10(ii) An estimate
					 of the net savings to the state for the current 
11fiscal year resulting from the 2011 Realignment Legislation 
12addressing public safety.
13(B) Provided there are savings, the calculations shall be made 
14for each fiscal year by subtracting the amount calculated pursuant 
15to subparagraph (D) from the amount calculated pursuant to 
16subparagraph (C) for each fiscal year. 
17(C) (i) For the calculation pursuant to clause (i) of subparagraph 
18(A), the sum of all expenditure reductions, less cost increases, 
19affecting the Department of Corrections and Rehabilitation in the 
20fiscal year for which the calculation is being made that are a result 
21of the 2011 Realignment Legislation addressing public safety.
22(ii) For the calculation pursuant to clause (ii) of subparagraph 
23(A), the projected sum of all expenditure
					 reductions, less cost 
24increases, affecting the Department of Corrections and 
25Rehabilitation in the fiscal year for which the calculation is being 
26made that are a result of the 2011 Realignment Legislation 
27addressing public safety.
28(D) (i) For the calculation pursuant to clause (i) of subparagraph 
29(A), the sum of the allocations made from the Community 
30Corrections Subaccount, the Community Corrections Growth 
31Special Account, the District Attorney and Public Defender 
32Subaccount, and the District Attorney and Public Defender Growth 
33Special Account in the fiscal year for which the calculation is being 
34made, less four hundred fifty-three million dollars ($453,000,000).
35(ii) For the calculation pursuant to clause (ii) of subparagraph 
36(A), the sum of the allocations projected to be made from the 
37Community Corrections Subaccount, the Community Corrections 
38Growth
					 Special Account, the District Attorney and Public Defender 
39Subaccount, and the District Attorney and Public Defender Growth 
P6    1Special Account in the fiscal year for which the calculation is being 
2made, less four hundred fifty-three million dollars ($453,000,000).
3(3) For the 2013-14 fiscal year, the Controller shall transfer 
4eight hundred nineteen million eight hundred fifty-seven thousand 
5dollars ($819,857,000) from the General Fund to the Realignment 
6Reinvestment Fund for allocation pursuant to paragraph (5). 
7(4) Beginning with the 2014-15 fiscal year, and each fiscal year 
8thereafter, the Controller shall transfer an amount equal to the 
9difference between the amount identified in subparagraph (A) and 
10the amount identified in subparagraph (B) from the General Fund 
11to the Realignment Reinvestment Fund for allocation pursuant to 
12paragraph (5).
13(A) The estimate of net savings for the current fiscal year 
14calculated pursuant to clause (ii) of subparagraph (A) of paragraph 
15(2).
16(B) An adjustment for the immediately preceding fiscal year 
17that is the result of subtracting the amount calculated pursuant to 
18clause (i) of subparagraph (A) of paragraph (2) for that fiscal year 
19from the amount estimated pursuant to clause (ii) of subparagraph 
20(A) of paragraph (2) for that fiscal year.
21(5) The Controller shall annually allocate moneys in the 
22Realignment Reinvestment Fundbegin insert, no later than September 1 of 
23each year,end insert to each county and city and county, for deposit in the 
24county’s or city and county’s Realignment Reinvestment Services 
25Account proportionally, based on the
					 average daily population of 
26realigned offenders under each county’s supervision for the 
27preceding fiscal year. The Controller shall consult with the Board 
28of State and Community Corrections to determine the average 
29daily population for each county.
30(b) There shall be established in each county or city and county 
31treasury a Realignment Reinvestment Services Account to receive 
32all amounts allocated to a county or city and county for purposes 
33of implementing this chapter.
34(c) (1) Each county local Community Corrections Partnership 
35established pursuant to subdivision (b) of Section 1230 of the Penal 
36Code shall recommend a comprehensive, locally run supplemental 
37community-based corrections plan to the county board of 
38supervisors. The purpose of the plan shall be to improve the 
39outcomes of the 2011begin delete public safety realignmentend deletebegin insert
					 Realignment 
40Legislation addressing public safetyend insert. The plan may include, but 
P7    1shall not be limited to, mental health programs, substance abuse 
2programs, transitional housing programs, job placement programs, 
3improved supervision strategies, community-based punishment 
4programs, increased law enforcement staffing in cities and counties, 
5county jail construction, maintenance, and operation, assessment 
6and criminal prosecution of realigned offenders, and supervision 
7or aftercare for offenders sentenced pursuant to subdivision (h) of 
8Section 1170 of the Penal Code and offenders subject to postrelease 
9community supervision pursuant to Section 3451 of the Penal 
10Code.
11(A) The supplemental community-based corrections planbegin delete shallend delete
12begin insert mayend insert include,
					 butbegin insert shallend insert not be limited to, all of the following 
13components:
14(i) An assessment of existing law enforcement, probation, 
15education, mental health, health, social services, drug and alcohol, 
16and other services that specifically target realigned offenders, and 
17their families.
18(ii) An identification and prioritization of the neighborhoods 
19and other areas in the community that face a significant public 
20safety risk from realigned offenders and associated crimes, 
21including, but not limited to, gang activity, burglary, robbery, 
22vandalism, controlled substances sales, firearm-related violence, 
23and substance abuse.
24(iii) A local action strategy that provides for a continuum of 
25responses to crime and demonstrates a
					 collaborative and integrated 
26approach for implementing a system of swift, certain, and 
27graduated responses for realigned offenders.
28(iv) A schedule of programs identified in clause (iii) that are 
29proposed to be funded pursuant to this subparagraph, including 
30the projected amount of funding for each program.
31(v) An accounting of the number of new crimes or violations 
32committed by realigned offenders.
33(vi) An evaluation of existing services and any gaps that may 
34exist in those services.
35(B) Programs proposed to be funded shall satisfy all of the 
36following requirements:
37(i) Be based on
					 evidence-based programs and approaches that 
38have been demonstrated to be effective in reducing crimebegin insert, or 
39programs that improve public safety through incapacitation, 
40prosecution, or treatment of realigned offendersend insert.
P8    1(ii) Employ information sharing systems to ensure that county 
2and city actions are fully coordinated and designed to provide data 
3for measuring the success of programs and strategies.
4(C) The plan shall also identify the specific objectives of the 
5programs proposed for funding and specified outcome measures 
6to determine the effectiveness of the programs and contain an 
7accounting for all program participants, including those who do 
8not complete the programs. Outcome measures of the programs 
9proposed to be funded shall include, but not be limited to, all of 
10the
					 followingbegin insert when that data is available and relevant to the 
11programend insert:
12(i) The rate of arrests per 100,000 population.
13(ii) The rate of successful completion of probation and 
14postrelease community supervision.
15(iii) The rate of successful completion of restitution and 
16court-ordered community service responsibilities.
17(iv) Arrest, incarceration, and probation violation rates of 
18realigned offenders and other program participants.
19(v) Quantification of the annual per capita costs of the program.
20(D) To assess the effectiveness
					 of programs funded pursuant to 
21this paragraph using the program outcome criteria specified in 
22subparagraph (C), the following periodic reports shall be submitted:
23(i) Each county or city and county shall report, beginning 
24October 15, 2015, and annually each October 15 thereafter, to the 
25county board of supervisors and the Board of State and Community 
26Corrections, in a format specified by the board, on the programs 
27funded pursuant to this chapter and program outcomes as specified 
28in subparagraph (C).
29(ii) The Board of State and Community Corrections shall 
30compile the local reports and, by March 15, 2015, and by March 
3115 of each year thereafter, make a report to the Governor and the 
32Legislature on program expenditures within each county and city 
33and county funded pursuant to this section and on the outcomes 
34as specified in subparagraph (C). A report submitted pursuant to 
35this clause
					 shall be submitted in compliance with Section 9795 of 
36the Government Code.
37(2) The supplemental community-based corrections plan shall 
38be voted on by an executive committee of each county’s 
39Community Corrections Partnership consisting of the chief 
40probation officer of the county as chair, a chief of police, the 
P9    1sheriff, the District Attorney, the Public Defender, the presiding 
2judge of the superior court, or his or her designee, and one 
3department representative listed in either subparagraph (G), (H), 
4or (J) of paragraph (2) of subdivision (b) of Section 1230 of the 
5Penal Code, as designated by the county board of supervisors for 
6purposes related to the development and presentation of the plan.
7(3) If a supplemental community-based corrections plan has 
8been previously approved by a county’s or city and county’s local 
9Community Corrections Partnership, the plan shall be reviewed
10
					 annually and modified as needed.
11(4) The supplemental community-based corrections plan or 
12modified supplemental community-based corrections plan shall 
13be deemed accepted by the county board of supervisors unless the 
14board rejects the plan by a vote of four-fifths of the board, in which 
15case the plan shall go back to the Community Corrections 
16Partnership for further consideration.
17(5) The supplemental community-based corrections plan or 
18modified supplemental community-based corrections plan shall 
19be submitted to the Board of State and Community Corrections 
20no later than October 15 of each year. 
21(d) The Controller shall allocate funds to local jurisdictions for 
22public safety in accordance with this section as described in 
23subdivision (a).
24(e) Funds
					 allocated pursuant to subdivision (c) shall be expended 
25or encumbered in accordance with this chapter no later than June 
2630 of the following fiscal year. A local agency that has not met 
27the requirement of this subdivision shall remit the unspent moneys 
28in the Realignment Reinvestment Services Account to the 
29Controller for deposit in the Realignment Reinvestment Fund.
30(f) Beginning in 2014, and no later than May 1 of each year, 
31the Director of Finance shall, in consultation with the Legislative 
32Analyst, develop an estimate of the cost avoidances expected to 
33be realized by the Department of Corrections and Rehabilitation 
34in the current fiscal year that are a result of the 2011 Realignment 
35Legislation addressing public safety and report those estimates to 
36the chairpersons of the committees in each house of the Legislature 
37that consider appropriations and to the Chairperson of the Joint 
38Legislative Budget Committee. A report submitted pursuant to
39
					 this subdivision shall be submitted in compliance with Section 
409795 of the Government Code. The Legislature may consider each 
P10   1year whether to appropriate funds in augmentation of the moneys 
2otherwise allocated pursuant to this chapter in an amount up to 
3and including the amount of cost avoidances reported pursuant to 
4this subdivision.
(a) Moneys allocated from a Realignment Reinvestment 
6Services Account to a recipient entity shall be expended exclusively 
7for services included in the county’s or city and county’s 
8supplemental community-based corrections plan. These moneys 
9shall supplement existing services, and shall not be used to supplant 
10any existing funding for law enforcement services or programs or 
11activities included in the supplemental community-based 
12corrections plan provided by that entity.
13(b) In no event shall any moneys allocated from the county’s 
14or city and county’s Realignment Reinvestment Services Account 
15be expended by a recipient entity to fund any of the following:
16(1) Administrative overhead
					 costs in excess of 1 percent of a 
17recipient entity’s Realignment Reinvestment Services Account 
18allocation for that fiscal year.
19(2) The costs of any capital project or construction project that 
20does not directly support programs or activities included in the 
21supplemental community-based corrections plan.
22(c) For purposes of this section, both of the following shall 
23apply:
24(1) A “recipient entity” is that entity that actually incurs the 
25expenditures of Realignment Reinvestment Services Account funds 
26allocated pursuant to subdivision (c) of Section 30301.
27(2) Administrative overhead costs shall only be charged by the 
28recipient entity, as defined in paragraph (1), up to 1 percent of its 
29Realignment Reinvestment Services Account
					 allocation.
The moneys in the Realignment Reinvestment Services 
31Account established pursuant to subdivision (b) of Section 30031 
32in each county or city and county shall be expended exclusively 
33as required by this chapter. Moneys allocated from the account 
34shall not be transferred to, or commingled with, the moneys in any 
35other fund in the county or city and county treasury, except that 
36moneys may be transferred from the account to the county’s or 
37city and county’s general fund to the extent necessary to facilitate 
38the appropriation and expenditure of those transferred moneys in 
39the manner required by this chapter.
If the Commission on State Mandates determines that 
2this act contains costs mandated by the state, reimbursement to 
3local agencies and school districts for those costs shall be made 
4pursuant to Part 7 (commencing with Section 17500) of Division 
54 of Title 2 of the Government Code.
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