Bill Text: CA AB84 | 2013-2014 | Regular Session | Amended

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Bill Title: Corrections.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2014-01-13 - Ordered to inactive file at the request of Senator Leno. [AB84 Detail]

Download: California-2013-AB84-Amended.html

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BILL NUMBER: AB 84	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 12, 2013
	AMENDED IN SENATE  SEPTEMBER 3, 2013

INTRODUCED BY    Committee on Budget   (
  Skinner (Chair), Bloom,  Campos, Chesbro, Daly,
Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi,
Nazarian, Stone, and Ting   )  
Assembly   Members   John A. Pérez   and
Conway 
    (   Principal   coauthors:  
Senators   Steinberg   and Huff   ) 
    (   Coauthors:   Senators  
Emmerson   and Knight   ) 

                        JANUARY 10, 2013

    An act to add Chapter 4 (commencing with Section 1234) to
Title 8 of Part 2 of, and to add Title 14 (commencing with Section
14400) to Part 4 of, the Penal Code, relating to corrections, and
making an appropriation therefor, to take effect immediately, bill
related to the budget.   An act to amend, repeal, and
add Sections 19050.2 and 19050.8 of the Government Code, to amend,
repeal, and add Sections 1233.1, 1233.3, 1233.4, 2910, 11191, and
13602 of, to add Section 1233.9 to, and to add and repeal Sections
2915 and 6250.2 of, the Penal Code, and to amend Section 15 of
Chapter 42 of the Statutes of 2012, relating to corrections, and
making an appropriation therefor, to take effect immediately, bill
related to the budget. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 84, as amended,  Committee on Budget  
John A. Pérez  .  Public safety: Public safety
performance incentives.   Corrections.  
   (1) Existing law requires the Department of Corrections and
Rehabilitation to close the California Rehabilitation Center located
in Norco, California, no later than either December 31, 2016, or 6
months after the construction of three Level II dorm facilities.
 
   This bill would suspend this requirement pending a review by the
Department of Finance and the Department of Corrections and
Rehabilitation that determines the facility can be closed.  

   (2) The California Constitution establishes the civil service, to
include every officer and employee of the state, except as provided,
and requires permanent appointment and promotion in the civil service
to be made under a general system based on merit ascertained by
competitive examination.  
   Existing law requires the appointing power in all cases not
exempted by the California Constitution to fill positions by
appointment, including cases of transfers, reinstatements,
promotions, and demotions, in strict accordance with specified
provisions of law, and requires that appointments to vacant positions
be made from employment lists.  
   Existing law, subject to the approval of the State Personnel
Board, allows an appointing agency to enter into arrangements with
personnel agencies in other jurisdictions for the purpose of
exchanging services and effecting transfers of employees.  
   This bill would, until January 1, 2017, make the private
California City Correctional Center in California City an agency or
jurisdiction for the purpose of exchanging services pursuant to the
above provision and all related rules.  
   (3) Existing law allows the State Personnel Board to prescribe
rules governing the temporary assignment or loan of employees within
an agency or between agencies not to exceed 2 years, or between
jurisdictions not to exceed 4 years, for specified purposes. 

   This bill would, until January 1, 2017, make the private
California City Correctional Center in California City an agency or
jurisdiction for the purpose of the above provision and all related
rules for a period not to exceed 2 years.  
   (4) Existing law allows the Secretary of the Department of
Corrections and Rehabilitation to enter into an agreement with a
city, county, or city and county, to permit transfer of prisoners in
the custody of the secretary to a jail or other adult correctional
facility. Under existing law, prisoners transferred to a local
facility remain under the legal custody of the department. Existing
law prohibits any agreement pursuant to these provisions unless the
cost per inmate in the facility is no greater than the average costs
of keeping an inmate in a comparable facility of the department.
 
   This bill would, until January 1, 2017, for purposes of entering
into agreements pursuant to the above provisions, waive any process,
regulation, or requirement relating to entering into those
agreements. The bill would, until January 1, 2017, delete the
provision requiring that prisoners transferred to a local facility
remain under the legal custody of the department and would delete the
requirement that no agreement be entered into unless the cost per
inmate in the facility is no greater than the average costs of
keeping an inmate in a comparable facility of the department. The
bill would, until January 1, 2017, allow a transfer of prisoners to
include inmates who have been sentenced to the department but remain
housed in a county jail, and would specify that these prisoners shall
be under the sole legal custody and jurisdiction of the sheriff or
other official having jurisdiction over the facility and not under
the legal custody and jurisdiction of the department.  
   The bill would also, until January 1, 2017, allow the secretary to
enter into one or more agreements in the form of a lease or
operating agreement with private entities to obtain secure housing
capacity in the state or in another state, upon terms and conditions
deemed necessary and appropriate to the secretary. The bill would,
until January 1, 2017, waive any process, regulation, or requirement
that relates to the procurement or implementation of those
agreements, except as specified. The bill would make the provisions
of the California Environmental Quality Act inapplicable to these
provisions.  
   (5) Existing law allows the Secretary of the Department of
Corrections and Rehabilitation to establish and operate community
correctional centers.  
   This bill would, until January 1, 2017, allow the secretary to
enter into agreements for the transfer of prisoners to community
correctional centers, and to enter into contracts to provide housing,
sustenance, and supervision for inmates placed in community
correctional centers. The bill would, until January 1, 2017, waive
any process, regulation, or requirement that relates to entering into
those agreements.  
   (6) Existing law allows any court or other agency or officer of
this state having power to commit or transfer an inmate to any
institution for confinement to commit or transfer that inmate to any
institution outside this state if this state has entered into a
contract or contracts for the confinement of inmates in that
institution and the inmate, if he or she was sentenced under
California law, has executed written consent to the transfer. 

   This bill would, until January 1, 2017, allow the secretary to
transfer an inmate to a facility in another state without the consent
of the inmate.  
   (7) Existing law establishes the Commission on Correctional Peace
Officer Standards and Training (CPOST) within the Department of
Corrections and Rehabilitation and requires the CPOST to develop,
approve, and monitor standards for the selection and training of
state correctional peace officers. Existing law allows for the use of
training academies and centers, as specified.  
   This bill would, until January 1, 2017, allow the department to
use a training academy established for the private California City
Correctional Center.  
   (8) Existing law, the California Community Corrections Performance
Incentives Act of 2009, authorizes each county to establish a
Community Corrections Performance Incentives Fund, and authorizes the
state to annually allocate moneys into a State Community Corrections
Performance Incentives Fund to be used for specified purposes
relating to improving local probation supervision practices and
capacities, as specified. As part of the California Community
Corrections Performance Incentives Act of 2009, existing law requires
the Director of Finance to make certain calculations, including the
cost to the state to incarcerate in prison and supervise on parole an
offender who fails local supervision and is sent to prison. Existing
law requires the Director of Finance to calculate a probation
failure reduction incentive payment based on the estimated number of
probationers successfully prevented from being incarcerated,
multiplied by a specified percentage of the cost to the state to
incarcerate in prison and supervise on parole a probationer who was
sent to prison. Existing law requires the Department of Finance to
calculate 5% of the total statewide estimated number of probationers
successfully prevented from being incarcerated for counties that
successfully reduce the number of adult felony probationers
incarcerated multiplied by the costs to the state to incarcerate in
prison and supervise on parole a probationer who was sent to prison
to be used to provide high performance grants to county probation
departments.  
   This bill would, beginning July 1, 2014, remove the requirement
that the Director of Finance calculate the cost to the state to
incarcerate in prison and supervise on parole an offender who fails
local supervision and is sent to prison, and would instead require
the Director of Finance to calculate the cost to the state to
incarcerate in a contract facility and supervise on parole an
offender who fails local supervision and is sent to prison. The bill
would require the probation failure reduction incentive payment to be
based on the estimated number of probationers successfully prevented
from being incarcerated multiplied by a percentage of the state's
cost of housing an inmate in a contract facility, and to supervise on
parole a probationer who was sent to prison. The bill would require
the Department of Finance to calculate high performance grants to
county probation departments as 5% of the total statewide estimated
number of probationers successfully prevented from being incarcerated
multiplied by the state's cost of housing an inmate in a contract
facility, and to supervise on parole a probationer who was sent to
prison.  
   The bill would create the Recidivism Reduction Fund in the State
Treasury to be available upon appropriation by the Legislature for
activities designed to reduce the state's prison population, and
would allow funds available in the Recidivism Reduction Fund to be
transferred to the State Community Corrections Performance Incentives
Fund.  
   (9) The bill would appropriate $315,000,000 from the General Fund
to the Department of Corrections and Rehabilitation for the purposes
of this measure. The bill would require the department to spend the
funds only to the extent needed to avoid early release. The bill
would require any amounts not encumbered by June 30, 2014 to be
transferred to the Recidivism Reduction Fund, except as provided. The
bill would require the Secretary of the Department of Corrections
and Rehabilitation to report no later than April 1, 2014, and again
on April 1, 2015, to the Director of Finance and specified
legislative committees detailing the number of inmates housed in
leased beds and in contracted beds both inside and outside of the
state pursuant to this measure.  
   The bill would require the administration to assess the state
prison system, including capacity needs, prison population levels,
recidivism rates, and factors effecting crime levels, and to develop
recommendations on balanced solutions that are cost effective and
protect public safety. The bill would require the Department of
Finance to submit the administration's interim report to the
Legislature not later than April 1, 2014, and to submit the final
report to the Legislature not later than January 10, 2015.  

   (10) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   (1) Existing law authorizes each county to establish a Community
Corrections Performance Incentives Fund (CCPIF) and authorizes the
state to annually allocate moneys in a State Corrections Performance
Incentives Fund to be used for specified purposes relating to
improving local probation supervision practices and capacities.
Existing law requires community corrections programs to be developed
by the chief probation officer, as advised by a Community Corrections
Partnership. Existing law requires each county using CCPIF funds to
identify and track specific outcome-based measures and to report to
the Administrative Office of the Courts on the effectiveness of the
programs funded by the CCPIF.  
   This bill would authorize each county to establish a Public Safety
Performance Incentives Fund (PSPIF) and would authorize the state to
annually allocate money into a Public Safety Performance Incentives
Fund to be used for specified purposes relating to reducing crime and
recidivism among criminal offenders, as specified. This bill would
require the Director of Finance, to calculate a formula and recommend
to the Legislature the amount of money that should be appropriated
into a county PSPIF not to exceed $315 million each year, as
specified. The bill would also require each county program using
PSPIF funds to identify and track specific outcome-based measures, as
specified, and require counties receiving PSPIF funds to report to
the Administrative Office of the Courts regarding the effectiveness
of the crime reduction program funded by the PSPIF. 

   This bill would require, as a condition of receiving PSPIF funds,
the board of supervisors and the chief probation officer of each
county to develop and implement a crime reduction program. 

   (2) Existing law establishes the Department of Corrections and
Rehabilitation to oversee the state prison system. Existing law
establishes the Board of State and Community Corrections to collect
and maintain available information and data about state and community
correctional policies, practices, capacities, and needs, among other
duties.  
   This bill would establish the California Public Safety Commission,
a permanent, advisory agency in state government, to be composed of
18 members, as specified. The bill would require the commission to
provide information and develop recommendations for the Legislature
and the Governor to consider, to assist with prison population
management options consistent with public safety, to assist with
effective correctional practices and the effective allocation of
public safety resources, to develop recommendations for the
Legislature and the Governor to consider regarding criminal sentences
and evidence-based programming for criminal offenders, and to
develop recommendations for the Legislature and the Governor to
consider sentencing credits.  
   The bill would require the administrative duties of the commission
to be performed by commission staff physically sited in the
Administrative Office of the Courts, and would deem the commission to
be within the judicial branch of state government. The bill would
specify that the commission is a criminal justice agency. 

   This bill would require each agency and department of state and
local government to make its services, equipment, personnel,
facilities, and information available to the greatest practical
extent to the commission in the execution of its functions. By
increasing the duties of local governments, this bill would impose a
state-mandated local program.  
   (3) 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.  
   (4) Existing constitutional provisions require that a statute that
limits the right of access to the writings of public officials and
agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that
interest.  
   The bill would make findings to that effect regarding the need to
keep confidential any information requested by the California Public
Safety Commission and provided by an agency of state or local
government in order for the commission to execute its functions.
 
   (5) The bill would appropriate $1,000,000 from the General Fund to
the California Public Safety Commission for the establishment and
funding of the commission. The bill would appropriate $500,000 from
the Public Safety Performance Incentives Fund to the Administrative
Office of the Courts for the costs of implementing and administering
the California Public Safety Performance Incentives program. The bill
would appropriate $180,000,000 from the General Fund to the
Department of Finance to support evidence-based programs and
practices that are likely to reduce the number of offenders admitted
to state prison. The bill would also appropriate $20,000,000 from the
General Fund to the Judicial Council to support the administration
and operation of court programs and practices known to reduce
offender recidivism.  
   (6) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.

   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The additional prison capacity and
change to reduce prison population authorized by this act are
immediate measures to avoid early release of inmates and allow the
state to comply with the federal court order. This act will also
provide time to develop additional thoughtful, balanced, and
effective long-term solutions with input from the state's local
government and justice partners who are still adjusting to the recent
criminal justice reforms of realignment. The long-term changes will
build upon the transition of lower level offenders to local
jurisdiction, the construction of new prison health care facilities,
and improvements to existing health care facilities throughout the
prison system. The administration shall begin immediately, in
consultation with stakeholders, including appropriate legislative
committees, to assess the state prison system, including capacity
needs, prison population levels, recidivism rates, and factors
affecting crime levels, and to develop recommendations on balanced
solutions that are cost effective and protect public safety. Not
later than April 1, 2014, the Department of Finance shall submit the
administration's interim report to the Legislature, and, not later
than January 10, 2015, the Department of Finance shall submit the
administration's final report to the Legislature. It is the intent of
the Legislature to consider the reports along with the Legislature's
independent findings during the annual budget process. 
   SEC. 2.    Section 19050.2 of the  
Government Code   is amended to read: 
   19050.2.   (a)    Subject to the approval of the
board, the appointing authority may enter into arrangements with
personnel agencies in other jurisdictions for the purpose of
exchanging services and effecting transfers of employees. 
   (b) For purposes of this section, and all related rules, the
California City Correctional Center in California City is an agency
or jurisdiction for the duration of the two-year period described in
Section 19050.8.  
   (c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 3.    Section 19050.2 is added to the  
  Government Code   , to read:  
   19050.2.  (a) Subject to the approval of the board, the appointing
authority may enter into arrangements with personnel agencies in
other jurisdictions for the purpose of exchanging services and
effecting transfers of employees.
   (b) This section shall become operative on January 1, 2017. 
   SEC. 4.    Section 19050.8 of the  
Government Code   is amended to read: 
   19050.8.  The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for  a period  not to exceed two years or between
jurisdictions for  a period  not to exceed four years for
any of the following purposes:
   (a) To provide training to employees.
   (b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.
   (c) To facilitate the return of injured employees to work.
   These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
   In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
   For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended for
up to two additional years upon a finding by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges, and with the approval of the Executive Officer of the State
Personnel Board, that the extension is necessary in order to
substantially complete work on an educational improvement project.
However, the temporary assignment of any local educator who is
performing the duties of a nonrepresented classification while on
loan to a state  education   educational 
agency may be extended for as many successive two year intervals as
necessary by the Superintendent of Public Instruction or the
Chancellor of the California Community Colleges with the concurrence
of the  education   educational  agency or
jurisdiction. Public and private colleges and universities shall be
considered educational agencies or jurisdictions within the meaning
of this section.
   A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program. 
   (d) For the duration of a temporary assignment or loan not to
exceed two years, for the purposes of this section and all related
rules, the California City Correctional Center in California City,
which provides services equivalent to the core governmental function
of incarcerating inmates, shall be considered an agency or
jurisdiction.  
   (e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 5.    Section 19050.8 is added to the  
  Government Code   , to read:  
   19050.8.  The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for a period not to exceed two years or between jurisdictions for a
period not to exceed four years for any of the following purposes:
   (a) To provide training to employees.
   (b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.
   (c) To facilitate the return of injured employees to work.
   These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
   In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
   For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended for
up to two additional years upon a finding by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges, and with the approval of the Executive Officer of the State
Personnel Board, that the extension is necessary in order to
substantially complete work on an educational improvement project.
However, the temporary assignment of any local educator who is
performing the duties of a nonrepresented classification while on
loan to a state educational agency may be extended for as many
successive two year intervals as necessary by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges with the concurrence of the educational agency or
jurisdiction. Public and private colleges and universities shall be
considered educational agencies or jurisdictions within the meaning
of this section.
   A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.
   (d) This section shall become operative on January 1, 2017. 
   SEC. 6.    Section 1233.1 of the   Penal
Code   is amended to read: 
   1233.1.  After the conclusion of each calendar year following the
enactment of this section, the Director of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate the following for that calendar year:
   (a) The cost to the state to incarcerate in prison and supervise
on parole an offender who fails local supervision and is sent to
prison. This calculation shall take into consideration factors,
including, but not limited to, the average length of stay in prison
and on parole for offenders subject to local supervision, as well as
the associated parole revocation rates, and revocation costs.
   (b) (1) The statewide probation failure rate. The statewide
probation failure rate shall be calculated as the total number of
adult felony probationers statewide sent to prison in the previous
year as a percentage of the average statewide adult felony probation
population for that year.
   (2) The statewide probation failure rate for the 2012 calendar
year shall be calculated as the total number of adult felony
probationers statewide sent to prison, or to jail pursuant to
paragraph (5) of subdivision (h) of Section 1170, as a percentage of
the average statewide adult felony probation population for that
year.
   (c) (1) A probation failure rate for each county. Each county's
probation failure rate shall be calculated as the number of adult
felony probationers sent to prison from that county in the previous
year as a percentage of the county's average adult felony probation
population for that year.
   (2) The probation failure rate for each county for the 2012
calendar year shall be calculated as the total number of adult felony
probationers sent to prison, or to jail pursuant to paragraph (5) of
subdivision (h) of Section 1170, from that county as a percentage of
the county's average adult felony probation population for that
year.
   (d) An estimate of the number of adult felony probationers each
county successfully prevented from being incarcerated. For each
county, this estimate shall be calculated based on the reduction in
the county's probation failure rate as calculated annually pursuant
to subdivision (c) of this section and the county's baseline
probation failure rate as calculated pursuant to Section 1233. In
making this estimate, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall adjust
the calculations to account for changes in each county's adult
felony probation caseload in the most recent completed calendar year
as compared to the county's adult felony probation population during
the period 2006 to 2008, inclusive.
   (e) (1) In calculating probation failure rates for the state and
individual counties, the number of adult felony probationers sent to
prison shall include those adult felony probationers sent to state
prison for a revocation of probation, as well as adult felony
probationers sent to state prison for a conviction of a new felony
offense. The calculation shall also include adult felony probationers
who are sent to prison for conviction of a new crime and who
simultaneously have their probation terms terminated.
   (2) In calculating probation failure rates for the state and
individual counties for the 2012 calendar year, the number of adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, shall include those adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, for a revocation of
probation, as well as adult felony probationers sent to prison, or to
jail pursuant to paragraph (5) of subdivision (h) of Section 1170,
for a conviction of a new felony offense. The calculation shall also
include adult felony probationers who are sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, for a
conviction of a new crime and who simultaneously have their probation
terms terminated.
   (f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall be
calculated as the total number of offenders supervised under
mandatory supervision statewide sent to prison in the previous year
as a percentage of the average statewide mandatory supervision
population for that year.
   (g) A mandatory supervision failure to prison rate for each
county. Each county's mandatory supervision failure to prison rate
shall be calculated as the number of offenders supervised under
mandatory supervision sent to prison from that county in the previous
year as a percentage of the county's average mandatory supervision
population for that year.
   (h) The statewide postrelease community supervision failure to
prison rate. The statewide postrelease community supervision failure
to prison rate shall be calculated as the total number of offenders
supervised under postrelease community supervision statewide sent to
prison in the previous year as a percentage of the average statewide
postrelease community supervision population for that year.
   (i) A postrelease community supervision failure to prison rate for
each county. Each county's postrelease community supervision failure
to prison rate shall be calculated as the number of offenders
supervised under postrelease community supervision sent to prison
from that county in the previous year as a percentage of the county's
average postrelease community supervision population for that year.

   (j) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date. 
   SEC. 7.    Section 1233.1 is added to the  
Penal Code   , to read:  
   1233.1.  After the conclusion of each calendar year, the Director
of Finance, in consultation with the Department of Corrections and
Rehabilitation, the Joint Legislative Budget Committee, the Chief
Probation Officers of California, and the Administrative Office of
the Courts, shall calculate the following for that calendar year:
   (a) The cost to the state to incarcerate in a contract facility
and supervise on parole an offender who fails local supervision and
is sent to prison. This calculation shall take into consideration
factors, including, but not limited to, the average length of stay in
prison for offenders subject to local supervision and the average
length of parole for offenders who failed local supervision and were
sent to prison.
   (b) Beginning with the 2013 calendar year, the statewide probation
failure rate shall be calculated as the total number of adult felony
probationers statewide sent to prison, or to jail pursuant to
paragraph (5) of subdivision (h) of Section 1170, as a percentage of
the average statewide adult felony probation population for that
year.
   (c) Beginning with the 2013 calendar year, the probation failure
rate for each county shall be calculated as the total number of adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, from that county, as a
percentage of the county's average adult felony probation population
for that year.
   (d) An estimate of the number of adult felony probationers each
county successfully prevented from being incarcerated. For each
county, this estimate shall be calculated based on the reduction in
the county's probation failure rate as calculated annually pursuant
to subdivision (c) and the county's baseline probation failure rate
as calculated pursuant to Section 1233. In making this estimate, the
Director of Finance, in consultation with the Department of
Corrections and Rehabilitation, the Joint Legislative Budget
Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall adjust the calculations to
account for changes in each county's adult felony probation caseload
in the most recent completed calendar year as compared to the county'
s adult felony probation population during the 2006 to 2008,
inclusive, calendar period.
   (e) Beginning with the 2013 calendar year, in calculating
probation failure rates for the state and individual counties, the
number of adult felony probationers sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, shall
include those adult felony probationers sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, for a
revocation of probation, as well as adult felony probationers sent to
prison, or to jail pursuant to paragraph (5) of subdivision (h) of
Section 1170, for a conviction of a new felony offense. The
calculation shall also include adult felony probationers who are sent
to prison, or to jail pursuant to paragraph (5) of subdivision (h)
of Section 1170, for a conviction of a new crime and who
simultaneously have their probation terms terminated.
   (f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall be
calculated as the total number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170, statewide, sent to prison in the
previous calendar year as a percentage of the average statewide
mandatory supervision population for that year.
   (g) A mandatory supervision failure to prison rate for each
county. Each county's mandatory supervision failure to prison rate
shall be calculated as the number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170 sent to prison from that county in
the previous calendar year as a percentage of the county's average
mandatory supervision population for that year.
   (h) The statewide postrelease community supervision failure to
prison rate. The statewide postrelease community supervision failure
to prison rate shall be calculated as the total number of offenders
supervised under postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450) of Part 3, statewide, sent to
prison in the previous calendar year as a percentage of the average
statewide postrelease community supervision population for that year.

   (i) A postrelease community supervision failure to prison rate for
each county. Each county's postrelease community supervision failure
to prison rate shall be calculated as the number of offenders
supervised under postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450) of Part 3 sent to prison from
that county in the previous calendar year as a percentage of the
county's average postrelease community supervision population for
that year.
   (j) This section shall become operative on July 1, 2014. 
   SEC. 8.    Section 1233.3 of the   Penal
Code   is amended to read: 
   1233.3.  Annually, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate a probation failure reduction incentive payment for each
eligible county, pursuant to Section 1233.2, for the most recently
completed calendar year, as follows:
   (a) For a county identified as being in Tier 1, as defined in
subdivision (a) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 45 percent of the
costs to the state to incarcerate in prison and supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
   (b) For a county identified as being in Tier 2, as defined in
subdivision (b) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 40 percent of the
costs to the state to incarcerate in prison and supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
   (c) For a county identified as being in Tier 3, as defined in
subdivision (c) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 30 percent of the
costs to the state to incarcerate in prison and supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
   (d) A county that fails to provide information specified in
Section 1231 to the Administrative Office of the Courts shall not be
eligible for a probation failure reduction incentive payment. 
   (e) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date. 
   SEC. 9.    Section 1233.3 is added to the  
Penal Code   , to read:  
   1233.3.  Annually, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate a probation failure reduction incentive payment for each
eligible county, pursuant to Section 1233.2, for the most recently
completed calendar year, as follows:
   (a) For a county identified as being in Tier 1, as defined in
subdivision (a) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 45 percent of the
state's cost of housing an inmate in a contract facility, and to
supervise on parole a probationer who was sent to prison, as defined
in subdivision (a) of Section 1233.1.
   (b) For a county identified as being in Tier 2, as defined in
subdivision (b) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 40 percent of the
state's cost of housing an inmate in a contract facility, and to
supervise on parole a probationer who was sent to prison, as defined
in subdivision (a) of Section 1233.1.
   (c) For a county identified as being in Tier 3, as defined in
subdivision (c) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 30 percent of the
state's cost of housing an inmate in a contract facility, and to
supervise on parole a probationer who was sent to prison, as defined
in subdivision (a) of Section 1233.1.
   (d) A county that fails to provide information specified in
Section 1231 to the Administrative Office of the Courts is not
eligible for a probation failure reduction incentive payment.
   (e) This section shall become operative on July 1, 2014. 
   SEC. 10.    Section 1233.4 of the   Penal
Code   is amended to read: 
   1233.4.  (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding as provided for in this
section.
   (b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent of the total statewide estimated number of
probationers successfully prevented from being incarcerated for
                                      counties that successfully
reduce the number of adult felony probationers incarcerated
multiplied by the costs to the state to incarcerate in prison and
supervise on parole a probationer who was sent to prison, as defined
in subdivision (a) of Section 1233.1.
   (c) The amount estimated pursuant to subdivision (b) shall be used
to provide high performance grants to county probation departments
for the purpose of bolstering evidence-based probation practices
designed to reduce recidivism among adult felony probationers.
   (d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
   (e) A county probation department that qualifies for a probation
failure reduction incentive payment, as provided in Section 1233.3,
and a high performance grant payment in the same year shall choose to
receive either the probation failure incentive payment or the high
performance grant payment. The CPO of a county that qualifies for
both a high performance grant and a probation failure reduction
incentive payment shall indicate to the Administrative Office of the
Courts, by a date designated by the Administrative Office of the
Courts, whether the CPO chooses to receive the high performance grant
or probation failure reduction payment.
   (f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults ages 18 to 25, inclusive, in each of the
counties qualifying for the grants.
   (g) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts shall not be
eligible for a high performance grant payment. 
   (h) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date. 
   SEC. 11.    Section 1233.4 is added to the  
Penal Code   , to read:  
   1233.4.  (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding as provided for in this
section.
   (b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent of the total statewide estimated number of
probationers successfully prevented from being incarcerated for
counties that successfully reduce the number of adult felony
probationers incarcerated multiplied by the state's cost of housing
an inmate in a contract facility, and to supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
   (c) The amount estimated pursuant to subdivision (b) shall be used
to provide high performance grants to county probation departments
for the purpose of bolstering evidence-based probation practices
designed to reduce recidivism among adult felony probationers.
   (d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
   (e) A county probation department that qualifies for a probation
failure reduction incentive payment, as provided in Section 1233.3,
and a high performance grant payment in the same year shall choose to
receive either the probation failure incentive payment or the high
performance grant payment. The Chief Probation Officer of a county
that qualifies for both a high performance grant and a probation
failure reduction incentive payment shall indicate to the
Administrative Office of the Courts, by a date designated by the
Administrative Office of the Courts, whether the Chief Probation
Officer chooses to receive the high performance grant or probation
failure reduction payment.
   (f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults 18 to 25 years of age, inclusive, in each of the
counties qualifying for the grants.
   (g) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts is not
eligible for a high performance grant payment.
   (h) This section shall become operative on July 1, 2014. 
   SEC. 12.    Section 1233.9 is added to the  
Penal Code   , to read:  
   1233.9.  There is hereby created in the State Treasury the
Recidivism Reduction Fund for moneys to be available upon
appropriation by the Legislature, for activities designed to reduce
the state's prison population, including, but not limited to,
reducing recidivism. Funds available in the Recidivism Reduction Fund
may be transferred to the State Community Corrections Performance
Incentives Fund. 
   SEC. 13.    Section 2910 of the   Penal Code
  is amended to read: 
   2910.  (a) The  Director   Secretary  of
 the Department of  Corrections  and Rehabilitation
 may enter into an agreement with a city, county, or city and
 county,   county  to permit transfer of
prisoners in the custody of the  Director of Corrections
  secretary  to a jail or other adult correctional
facility of the city, county, or city and county, if the sheriff or
corresponding official having jurisdiction over the facility has
consented thereto. The agreement shall provide for contributions to
the city, county, or city and county toward payment of costs incurred
with reference to such transferred prisoners. 
   (b) For purposes of this section, a transfer of prisoners under
subdivision (a) may include inmates who have been sentenced to the
department but remain housed in a county jail. These prisoners shall
be under the sole legal custody and jurisdiction of the sheriff or
corresponding official having jurisdiction over the facility and
shall not be under the legal custody or jurisdiction of the
Department of Corrections and Rehabilitation.  
   (c) Notwithstanding any other law, for purposes of entering into
agreements under subdivision (a), any process, regulation,
requirement, including any state governmental reviews or approvals,
or third-party approval that is required under, or implemented
pursuant to, any statute that relates to entering into those
agreements is hereby waived.  
   (b) 
    (d)  When an agreement entered into pursuant to
subdivision (a)  or (c)  is in effect with respect to a
particular local facility, the  Director of Corrections
  secretary  may transfer prisoners whose terms of
imprisonment have been fixed and parole violators to the facility.

   (c) 
    (e)  Prisoners so transferred to a local facility may,
with  approval of   notice to  the 
Director of Corrections,  secretary,  participate
in programs of the facility,  including  
including, but not limited to,  work furlough rehabilitation
programs. 
   (d) Prisoners transferred to such facilities are subject to the
rules and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections and
shall be subject at any time, pursuant to the rules and regulations
of the Director of Corrections, to be detained in the county jail
upon the exercise of a state parole or correctional officer's peace
officer powers as specified in Section 830.5, with the consent of the
sheriff or corresponding official having jurisdiction over the
facility.  
   (e) 
    (f)  The  Director of Corrections, 
 secretary,  to the extent possible, shall select city,
county, or city and county facilities in areas where medical, food,
and other support services are available from nearby existing prison
facilities. 
   (f) 
    (g)  The  Director of Corrections, 
 secretary,  with the approval of the Department of General
Services, may enter into an agreement to lease state property for a
period not in excess of 20 years to be used as the site for a
facility operated by a city, county, or city and county authorized by
this section. 
   (g)  No agreement may be entered into under this section unless
the cost per inmate in the facility is no greater than the average
costs of keeping an inmate in a comparable facility of the
department, as determined by the director.  
   (h) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 14.    Section 2910 is added to the  
Penal Code   , to read:  
   2910.  (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into an agreement with a city, county, or
city and county to permit transfer of prisoners in the custody of the
secretary to a jail or other adult correctional facility of the
city, county, or city and county, if the sheriff or corresponding
official having jurisdiction over the facility has consented thereto.
The agreement shall provide for contributions to the city, county,
or city and county toward payment of costs incurred with reference to
such transferred prisoners.
   (b) When an agreement entered into pursuant to subdivision (a) is
in effect with respect to a particular local facility, the secretary
may transfer prisoners whose terms of imprisonment have been fixed
and parole violators to the facility.
   (c) Prisoners so transferred to a local facility may, with
approval of the secretary, participate in programs of the facility,
including, but not limited to, work furlough rehabilitation programs.

   (d) Prisoners transferred to such facilities are subject to the
rules and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections and
Rehabilitation and shall be subject at any time, pursuant to the
rules and regulations of the secretary, to be detained in the county
jail upon the exercise of a state parole or correctional officer's
peace officer powers, as specified in Section 830.5, with the consent
of the sheriff or corresponding official having jurisdiction over
the facility.
   (e) The secretary, to the extent possible, shall select city,
county, or city and county facilities in areas where medical, food,
and other support services are available from nearby existing prison
facilities.
   (f) The secretary, with the approval of the Department of General
Services, may enter into an agreement to lease state property for a
period not in excess of 20 years to be used as the site for a
facility operated by a city, county, or city and county authorized by
this section.
   (g) An agreement shall not be entered into under this section
unless the cost per inmate in the facility is no greater than the
average costs of keeping an inmate in a comparable facility of the
department, as determined by the secretary.
   (h) This section shall become operative on January 1, 2017. 
   SEC. 15.    Section 2915 is added to the 
Penal Code   , to read:  
   2915.  (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain secure
housing capacity within the state. These agreements may be entered
into with private entities and may be in the form of a lease or an
operating agreement. The secretary may procure and enter these
agreements on terms and conditions he or she deems necessary and
appropriate. Notwithstanding any other law, any process, regulation,
requirement, including any state governmental reviews or approvals,
or third-party approval that is required under statutes that relate
to the procurement and implementation of those agreements is hereby
waived, however, no agreement shall contain terms, either directly or
indirectly, that involve the repayment of any debt issuance or other
financing and, consistent with state law, shall provide that payment
of that agreement is subject to appropriation.
   (b) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain secure
housing capacity in another state. These agreements may be entered
into with private entities and may be in the form of an operating
agreement or other contract. The secretary may procure and enter
these agreements on terms and conditions he or she deems necessary
and appropriate. Notwithstanding any other law, any process,
regulation, requirement, including any state governmental reviews or
approvals, or third-party approval that is required under statutes
that relate to the procurement and implementation of those agreements
is hereby waived, however, no agreement shall contain terms, either
directly or indirectly, that involve the repayment of any debt
issuance or other financing and, consistent with state law, shall
provide that payment of that agreement is subject to appropriation.
This subdivision does not authorize the department to operate a
facility out of state.
   (c) The provisions of Division 13 (commencing with Section 21000)
of the Public Resources Code do not apply to this section.
   (d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 16.    Section 6250.2 is added to the  
Penal Code   , to read:  
   6250.2.  (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into agreements for the transfer of
prisoners to, or placement of prisoners in, community correctional
centers. The secretary may enter into contracts to provide housing,
sustenance, and supervision for inmates placed in community
correctional centers.
   (b) Notwithstanding any other law, for the purposes of entering
into agreements under subdivision (a), any process, regulation,
requirement, including any state government reviews or approvals, or
third-party approval that is required under, or implemented pursuant
to, any statute that relates to entering into those agreements is
hereby waived.
   (c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 17.    Section 11191 of the   Penal
Code   is amended to read: 
   11191.  (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections  Compact, but no inmate
  Compact. 
    (b)     An inmate  sentenced under
California law  may   shall not  be
committed or transferred to an institution outside of this state,
unless he or she has executed a written consent to the transfer. The
inmate shall have the right to a private consultation with an
attorney of his  or her  choice, or with a public defender
if the inmate cannot afford counsel, concerning his  or her 
rights and obligations under this section, and shall be informed of
those rights prior to executing the written consent. At any time more
than five years after the transfer, the inmate shall be entitled to
revoke his  or her  consent and to transfer to an
institution in this state. In such cases, the transfer shall occur
within the next 30 days. 
   (b) This section shall become operative on July 1, 2011, or at
such time as the Department of Corrections and Rehabilitation has
replaced "temporary beds," as defined in paragraph (3) of subdivision
(a) of Section 15819.34 of the Government Code, whichever is sooner.
 
   (c) Notwithstanding the requirements in this section or Section
11194, the secretary may transfer an inmate to a facility in another
state without the consent of the inmate.  
   (d) Inmates who volunteer by submitting a request to transfer and
are otherwise eligible shall receive first priority under this
section.  
   (e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 18.    Section 11191 is added to the  
Penal Code   , to read:  
   11191.  (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate, as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact, to any institution for confinement
may commit or transfer that inmate to any institution within or
outside of this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact.
   (b) No inmate sentenced under California law may be committed or
transferred to an institution outside of this state, unless he or she
has executed a written consent to the transfer. The inmate shall
have the right to a private consultation with an attorney of his
choice, or with a public defender if the inmate cannot afford
counsel, concerning his rights and obligations under this section,
and shall be informed of those rights prior to executing the written
consent. At any time more than five years after the transfer, the
inmate shall be entitled to revoke his consent and to transfer to an
institution in this state. In such cases, the transfer shall occur
within the next 30 days.
   (c) This section shall become operative on January 1, 2017. 
   SEC. 19.    Section 13602 of the   Penal
Code   is amended to read: 
   13602.  (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department. 
   (b) Notwithstanding subdivision (a), and pursuant to Section
13602.1, the Department of Corrections and Rehabilitation may use a
training academy established for the California City Correctional
Center. This academy, in using the funds, shall endeavor to minimize
costs of administration so that a maximum amount of the funds will be
used for providing training and support to correctional employees
who are being trained by the department.  
   (b) 
    (c)  Each new cadet who attends an academy shall
complete the course of training, pursuant to standards approved by
the CPOST before he or she may be assigned to a post or job as a
peace officer. Every newly appointed first-line or second-line
supervisor in the Department of Corrections and Rehabilitation shall
complete the course of training, pursuant to standards approved by
the CPOST for that position. 
   (c) 
    (d)  The Department of Corrections and Rehabilitation
shall make every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed. 
   (d) This section shall become operative July 1, 2012. 

   (e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
   SEC. 20.    Section 13602 is added to the  
Penal Code   , to read:  
   13602.  (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
   (b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST,
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST for
that position.
   (c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
   (d) This section shall become operative January 1, 2017. 
   SEC. 21.    Section 15 of Chapter 42 of the Statutes
of 2012 is amended to read: 
  Sec. 15.   (a)    The Department of Corrections
and Rehabilitation shall remove all inmates from, cease operations
of, and close the California Rehabilitation Center located in Norco,
California, no later than either December 31, 2016, or six months
after construction of the three Level II dorm facilities authorized
in Section 14 of this act, whichever is earlier. 
   (b) This requirement is hereby suspended pending a review by the
Department of Finance and the Department of Corrections and
Rehabilitation that determines the facility can be closed. Closure of
the facility shall not occur sooner than 30 days after notification
in writing to the Chair of the Joint Legislative Budget Committee.

   SEC. 22.    (a) There is hereby appropriated from the
General Fund the amount of three hundred fifteen million dollars
($315,000,000) to the Department of Corrections and Rehabilitation
for purposes of implementing this act. The amount appropriated is
based on federal court orders in the Three Judge Court proceedings
(2:90-cv-00520 LKK JFM P, C01-1351 THE) requiring that the department
achieve a population of 137.5 percent of design capacity no later
than December 31, 2013. If the department no longer needs to meet
this percentage or is not required to meet this percentage within the
2013-14 fiscal year, then the department shall reduce its use of
this appropriation accordingly. The department shall spend these
funds on immediate capacity to meet the federal court orders issued
in the Three Judge Court proceedings (2:90-cv-00520 LKK JFM P,
C01-1351 THE) only to the extent needed to avoid early release.
Except as provided by subdivision (c), any amounts which are not
encumbered by June 30, 2014, are to be transferred to the Recidivism
Reduction Fund.  
   (b) To the extent the Three Judge Court referenced in subdivision
(a) issues an order or orders subsequent to the enactment of this
act, which eliminates the need to obtain the full amount of capacity
authorized by this act, or adjusts the date by which that capacity is
required, the Department of Finance shall report on the activities
and prepare and submit a fiscal estimate necessary to meet the
revised order or orders, to the Joint Legislative Budget
                               Committee and appropriate fiscal
committees, within 15 days of the issuance of the new order or
orders.  
   (c) To the extent the fiscal estimate necessary to meet the
revised order or orders issued in the Three Judge Court proceedings
(2:90-cv-00520 LKK JFM P, C01-1351 THE) is less than the three
hundred fifteen million dollars ($315,000,000) appropriated in this
section then, within 45 days of the order or orders, the Director of
Finance shall direct the Controller to transfer the first
seventy-five million dollars ($75,000,000) of those savings, as
determined in subdivision (b) to the Recidivism Reduction Fund. Any
additional savings shall be allocated as follows: 50 percent shall
revert to the General Fund and 50 percent shall be transferred to the
Recidivism Reduction Fund.  
   (d) (1) Not later than April 1, 2014, and again not later than
April 1, 2015, the Secretary of the Department of Corrections and
Rehabilitation shall submit a report to the Director of Finance and
the chairpersons and vice chairpersons of the committees in both
houses of the Legislature that consider the state budget, and to the
Assembly Committee on Public Safety and the Senate Committee on
Public Safety, detailing the number of inmates housed in leased beds
and in contracted beds both within and outside of the state pursuant
to the provisions of this act. The report shall provide the specific
number of inmates moved to each facility and shall identify all costs
associated with housing these inmates.  
   (2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2017, pursuant to Section
10231.5 of the Government Code.  
   (3) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.

   SEC. 23.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, September 3, 2013. (JR11)