Bill Text: CA SB1147 | 2009-2010 | Regular Session | Amended
Bill Title: Master Plan for California Public Safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-27 - Placed on APPR suspense file. Held in committee and under submission. [SB1147 Detail]
Download: California-2009-SB1147-Amended.html
BILL NUMBER: SB 1147 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 20, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator DeSaulnier
FEBRUARY 18, 2010
An act to amend Section 8522.5 of the Government Code, and
to add Chapter 4.5 (commencing with Section 13839) to Title 6
of Part 4 of the Penal Code, relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1147, as amended, DeSaulnier. Coordinated Public
Safety System Committee. Master Plan for California
Public Safety.
Existing law provides for the safety of the public, as specified.
This bill would establish the Coordinated Public Safety System
Committee. The bill would specify the makeup of the committee's
members and how they are to be appointed, would specify how, when,
and where the committee meetings would be held, and would require
that the committee provide, by December 31, 2011, a Master Plan for
California Public Safety to the Legislature and Governor which has
the objective of making the public safer and which addresses
specified issues relating to that objective. The bill would provide
that the committee meet only upon appropriation by the Legislature
for its expenses.
This bill would require the Legislature and the Governor to
develop a Master Plan for California Public Safety that has the
objective of making the public safer and that considers actions that
may impact positively on public safety. The bill would require the
Milton Marks "Little Hoover" Commission on California State
Government Organization and Economy, by March 31, 2011, to identify
and compile relevant public safety reports and make recommendations
to the Legislature and the Governor for purposes of developing the
master plan.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8522.5 of the
Government Code is amended to read:
8522.5. (a) The commission shall review
final reports and make recommendations to the Legislature and the
Governor concerning the results of state audits and the revenues and
expenditures of the state, its departments, subdivisions, agencies,
and other public entities.
(b) (1) For purposes of developing a Master Plan for California
Public Safety pursuant to Chapter 4.5 (commencing with Section 13839)
of Title 6 of Part 4 of the Penal Code, the commission, by March 31,
2011, shall identify and compile relevant public safety reports and
make recommendations to the Legislature and the Governor.
(2) (A) The requirement for submitting a report imposed under this
subdivision is inoperative on March 31, 2015, pursuant to Section
10231.5.
(B) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795.
SEC. 2. Chapter 4.5 (commencing with Section
13839) is added to Title 6 of Part 4 of the
Penal Code , to read:
CHAPTER 4.5. COORDINATED PUBLIC SAFETY SYSTEM
13839. (a) The Legislature and the Governor shall develop a
Master Plan for California Public Safety that shall have the
objective of making the public safer and that shall consider actions
that may impact positively on public safety, including, but not
limited to, the following:
(1) Improving coordination between all local, state, and federal
public safety agencies and the Department of Corrections and
Rehabilitation and other agencies that operate detention facilities.
(2) Establishing best practices to reduce crime rates in
California.
(3) Requiring that public safety agencies base their actions on
measurable evidence.
(4) Identifying and recommending methods to obtain potential
grants available to local, state, and federal public safety agencies,
and to the Department of Corrections and Rehabilitation and other
agencies in California that operate detention facilities, to be used
to enhance the public safety.
(b) It is the intent of the Legislature that the changes in policy
proposed in the Master Plan for California Public Safety shall be
codified by December 31, 2011.
SECTION 1. Chapter 4.5 (commencing with Section
13839) is added to Title 6 of Part 4 of the Penal Code, to read:
CHAPTER 4.5. COORDINATED PUBLIC SAFETY SYSTEM
13839. The Legislature makes the following findings and
declarations:
(a) Recent crimes committed by parolees raise serious questions
about the parole system, monitoring of parolees, and resources
available for this purpose.
(b) Correctional facilities under the jurisdiction of the
Department of Corrections and Rehabilitation are at a dangerous and
unsafe level of overcrowding. Additionally, the health care provided
to prisoners at those facilities is so inadequate that the
correctional system is under receivership. There is little doubt that
the entire correctional system is failing.
(c) California's rank and file peace officers, parole agents, and
prison guards are currently working without a collective bargaining
agreement or will soon see their agreement expire. These agreements
are paramount to the successful delivery of critical public safety
services.
(d) Recent legislation has been interpreted by some county
sheriffs to require the release of certain prisoners. Other sheriffs
view the law as having no such requirement. Ultimately, there has
been no statewide criteria applied and the courts have had to
interpret the law for the sheriffs.
(e) California is a diverse state with public safety issues that
are unique to geographic areas and to socioeconomic groups. However,
California law seems to disregard these factors and apply a universal
approach to public safety.
(f) California spends more than $12 billion on public safety
annually. This is more than the state spends on any other public
service. Each public safety program is viewed, funded, and evaluated
in isolation instead of together with other public safety programs.
(g) A coordinated, adequately funded and staffed, and accountable
public safety system is needed in California.
13839.2. (a) There is hereby established in the agency or
agencies designated by the Director of Finance pursuant to Section
13820 the Coordinated Public Safety System Committee.
(b) (1) The committee shall be composed of the Attorney General,
the State Public Defender, the Secretary of the Department of
Corrections and Rehabilitation, the Secretary of California Emergency
Management, the Commissioner of the California Highway Patrol, the
Director of the California Office of Traffic Safety, the State Chief
Information Officer, the Director of Alcohol and Drug Programs, and
the Director of the Emergency Medical Services Authority.
(2) The committee shall be composed of the following additional
members, six of whom shall be appointed by the Governor, four of whom
shall be appointed by the Senate Committee on Rules, and four of
whom shall be appointed by the Assembly Committee on Rules.
(A) A representative from an association representing victims of
crime in California.
(B) A representative from an association representing a majority
of California's county sheriffs.
(C) A representative from an association representing a majority
of California's police chiefs.
(D) A representative from an association representing a majority
of California's district attorneys.
(E) A representative from an association representing a majority
of California's city attorneys.
(F) A representative from an association representing a majority
of California's public defenders.
(G) A representative from an association representing a majority
of California's firefighters.
(H) Two representatives from two associations (one from each
association) representing California's rank and file peace officers.
(I) A representative from an association representing California's
rank and file emergency medical technicians.
(J) A representative from an association representing a majority
of California's probation officers.
(K) A representative from an association representing a majority
of California's correctional officers.
(L) A representative from an association representing a majority
of California's parole officers.
(M) A representative with hands-on experience and advocacy work
relative to California's "911" program and system.
(3) The committee shall also include as members any federal public
safety official who agrees to participate upon the invitation of the
Governor, the Senate Committee on Rules, or the Speaker of the
Assembly.
(c) (1) The committee shall be led by two cochairs and a vice
chair. The Governor and the Senate Committee on Rules shall each
select a cochair. The Speaker of the Assembly shall select the vice
chair.
(2) Of the three members specified in paragraph (1), one shall
represent the interests of state government, one shall represent the
interests of local government, and one shall represent the interests
of the public.
(d) Committee member appointments shall be announced by a news
release or similar public statement that shall be made jointly by the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly.
13839.4. (a) By December 31, 2011, the committee shall provide to
the Legislature and the Governor a report, entitled the Master Plan
for California Public Safety, which shall have the objective of
making the public safer and which shall address issues, including,
but not limited to, the following:
(1) Better coordination between all local, state, and federal
public safety agencies and the Department of Corrections and
Rehabilitation and other detainment agencies.
(2) Establishment of best practices to reduce crime rates in
California.
(3) Requirement that public safety agencies base their actions on
measurable evidence.
(4) Identify and recommend methods to obtain potential grants
available to local, state, and federal public safety agencies, and to
the Department of Corrections and Rehabilitation and other
detainment agencies in California to be used to enhance the public
safety.
(b) (1) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on December 31, 2015.
13839.6. (a) The committee shall meet and hold hearings at least
monthly in various areas around the state, including metropolitan,
urban, rural, northern, southern, coastal, and inland.
(b) The committee shall hold hearings in compliance with the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Division 3 of Title 2 of the Government Code).
(c) The committee shall only meet if the Legislature and Governor
have identified and appropriated funds in the budget act for the
purposes of funding the costs of the committee.
13839.8. The Governor, Legislature, county boards of supervisors,
mayors, and city councils are encouraged in the strongest terms to
adopt and implement legislation, regulations, executive orders, and
resolutions in order to effectuate as soon as possible the
recommendations of the committee.
