Bill Text: CA AB1633 | 2013-2014 | Regular Session | Amended
Bill Title: The Board of State and Community Corrections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB1633 Detail]
Download: California-2013-AB1633-Amended.html
BILL NUMBER: AB 1633 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 10, 2014
An act to amend Section 6027 of add
Section 6027.5 to the Penal Code, relating to criminal law.
LEGISLATIVE COUNSEL'S DIGEST
AB 1633, as amended, Ammiano. The Board of State and Community
Corrections.
Existing law establishes the Board of State and Community
Corrections and sets forth its powers and duties, including, but not
limited to, collecting and maintaining information about correctional
policies, practices, capacities, and needs within the adult and
juvenile criminal justice system. Existing law prescribes various
penalties for criminal offenses. Existing law generally regulates
sentencing, including the consideration of mitigating factors and
other criteria for purposes of sentencing .
This bill would make a technical, nonsubstantive change.
This bill would require the Board of State and Community
Corrections to develop consistent data collection processes and
perform analysis with regard to sentencing. The bill would require
the board to establish a database for any sentencing-related data
that is compiled by the board. The bill would require the board to
recommend changes to the state's sentencing structure to the Governor
and the Legislature. The bill would further require the board to
publish a sentencing manual for guidance purposes. In implementing
these provisions, the bill would require the board to consult with
stakeholders and experts, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6027.5 is added to the
Penal Code , to read:
6027.5. (a) The board shall do all of the following:
(1) Develop consistent data collection processes and perform
analysis with regard to sentencing to ensure that the state's
sentencing structure is based on sound, data-driven, and rational
sentencing policy. The analysis shall include, but not be limited to,
the following: whether and to what extent sentencing disparity among
economic and social classes exists and, if so, the reasons for the
disparity, the correctional costs associated with the disparity,
whether or not state sentencing is comparable to sentences imposed by
other states, if the length of that sentencing is appropriate, and
the rate of rehabilitation based on that sentencing.
(2) Establish a public database to serve as a clearinghouse for
all sentencing-related data that is compiled by the board.
(3) Issue recommended changes to the state's sentencing structure
with regard to the data and analysis collected pursuant to this
section. The board shall submit its recommendations to the Governor
and the Legislature with the annual report required pursuant to
paragraph (11) of subdivision (b) of Section 6027.
(4) Publish a sentencing manual to provide guidance to judges,
prosecutors, the defense bar, and the public on how sentencing works.
(b) In implementing subdivision (a), the board shall select and
consult with the following stakeholders and experts:
(1) A district attorney, selected after conferring with the
California District Attorneys Association.
(2) A public defender, selected after conferring with the
California Public Defenders Association.
(3) A county sheriff, selected after conferring with the
California State Sheriffs' Association.
(4) A chief probation officer, selected after conferring with the
Chief Probation Officers of California.
(5) A chief of police, selected after conferring with the
California Police Chiefs Association.
(6) A member of the Board of Parole Hearings.
(7) The Chief Justice of the California Supreme Court, or his or
her designee who shall be a justice on the Supreme Court or a court
of appeals.
(8) Two trial court judges, selected after consulting with the
California Judges Association.
(9) A representative from the Administrative Office of the Courts.
(10) Two professors of law, selected after conferring with the
Senate Committee on Rules.
(11) A member of the State Senate, selected after conferring with
the Senate Committee on Rules.
(12) Two academics with experience in criminal justice research,
selected after conferring with the Speaker of the Assembly.
(13) A member of the State Assembly, selected after conferring
with the Speaker of the Assembly.
(14) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee.
(15) The Attorney General, or his or her designee.
(16) The State Public Defender, or his or her designee.
SECTION 1. Section 6027 of the Penal Code is
amended to read:
6027. (a) The Board of State and Community Corrections shall
collect and maintain available information and data about state and
community correctional policies, practices, capacities, and needs,
including, but not limited to, prevention, intervention, suppression,
supervision, and incapacitation, as they relate to both adult
corrections, juvenile justice, and gang problems. The board shall
seek to collect and make publicly available up-to-date data and
information reflecting the impact of state and community
correctional, juvenile justice, and gang-related policies and
practices enacted in the state, as well as information and data
concerning promising and evidence-based practices from other
jurisdictions.
(b) Consistent with subdivision (c) of Section 6024, the board
shall also:
(1) Develop recommendations for the improvement of criminal
justice and delinquency and gang prevention activity throughout the
state.
(2) Identify, promote, and provide technical assistance relating
to evidence-based programs, practices, and promising and innovative
projects consistent with the mission of the board.
(3) Develop definitions of key terms, including, but not limited
to, "recidivism," "average daily population," "treatment program
completion rates," and any other terms deemed relevant in order to
facilitate consistency in local data collection, evaluation, and
implementation of evidence-based practices, promising evidence-based
practices, and evidence-based programs. In developing these
definitions, the board shall consult with the following stakeholders
and experts:
(A) A county supervisor or county administrative officer, selected
after conferring with the California State Association of Counties.
(B) A county sheriff, selected after conferring with the
California State Sheriffs' Association.
(C) A chief probation officer, selected after conferring with the
Chief Probation Officers of California.
(D) A district attorney, selected after conferring with the
California District Attorney's Association.
(E) A public defender, selected after conferring with the
California Public Defenders Association.
(F) The Secretary of the Department of Corrections and
Rehabilitation.
(G) A representative from the Administrative Office of the Courts.
(H) A representative from a nonpartisan, nonprofit policy
institute with experience and involvement in research and data
relating to California's criminal justice system.
(I) A representative from a nonprofit agency providing
comprehensive reentry services.
(4) Receive and disburse federal funds, and perform all necessary
and appropriate services in the performance of its duties as
established by federal acts.
(5) Develop comprehensive, unified, and orderly procedures to
ensure that applications for grants are processed fairly,
efficiently, and in a manner consistent with the mission of the
board.
(6) Identify delinquency and gang intervention and prevention
grants that have the same or similar program purpose, are allocated
to the same entities, serve the same target populations, and have the
same desired outcomes for the purpose of consolidating grant funds
and programs and moving toward a unified single delinquency
intervention and prevention grant application process in adherence
with all applicable federal guidelines and mandates.
(7) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal
justice and delinquency prevention.
(8) Develop incentives for units of local government to develop
comprehensive regional partnerships whereby adjacent jurisdictions
pool grant funds in order to deliver services to a broader target
population and maximize the impact of state funds at the local level.
(9) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(10) Identify and evaluate state, local, and federal gang and
youth violence suppression, intervention, and prevention programs and
strategies, along with funding for those efforts. The board shall
assess and make recommendations for the coordination of the state's
programs, strategies, and funding that address gang and youth
violence in a manner that maximizes the effectiveness and
coordination of those programs, strategies, and resources. By January
1, 2014, the board shall develop funding allocation policies to
ensure that within three years no less than 70 percent of funding for
gang and youth violence suppression, intervention, and prevention
programs and strategies is used in programs that utilize promising
and proven evidence-based principles and practices. The board shall
communicate with local agencies and programs in an effort to promote
the best evidence-based principles and practices for addressing gang
and youth violence through suppression, intervention, and prevention.
(11) The board shall collect from each county the plan submitted
pursuant to Section 1230.1 within two months of adoption by the
county boards of supervisors. Commencing January 1, 2013, and
annually thereafter, the board shall collect and analyze available
data regarding the implementation of the local plans and other
outcome-based measures, as defined by the board in consultation with
the Administrative Office of the Courts, the Chief Probation Officers
of California, and the California State Sheriffs' Association. By
July 1, 2013, and annually thereafter, the board shall provide to the
Governor and the Legislature a report on the implementation of the
plans described above.
(12) Commencing on and after July 1, 2012, the board, in
consultation with the Administrative Office of the Courts, the
California State Association of Counties, the California State
Sheriffs' Association, and the Chief Probation Officers of
California, shall support the development and implementation of first
phase baseline and ongoing data collection instruments to reflect
the local impact of Chapter 15 of the Statutes of 2011, specifically
related to dispositions for felony offenders and postrelease
community supervision. The board shall make any data collected
pursuant to this paragraph available on the board's Internet Web
site. It is the intent of the Legislature that the board promote
collaboration and the reduction of duplication of data collection and
reporting efforts where possible.
(c) The board may do either of the following:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
(2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.
(d) Nothing in this chapter shall be construed to include, in the
provisions set forth in this section, funds already designated to the
Local Revenue Fund 2011 pursuant to Section 30025 of the Government
Code.
