Bill Text: CA SB1327 | 2015-2016 | Regular Session | Amended
Bill Title: Criminal Justice Reinvestment Assessment Grant Program of 2016.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1327 Detail]
Download: California-2015-SB1327-Amended.html
BILL NUMBER: SB 1327 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senators Nguyen and Nielsen
FEBRUARY 19, 2016
An act to amend Section 487 of the Penal Code, relating
to theft. An act to add Article 1.5 (commencing with
Section 6033) to Chapt er 5 of Title 7 of Part 3 of the
Penal Code, relating to corrections, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1327, as amended, Nguyen. Grand theft.
Criminal Justice Reinvestment Assessment Grant Program of 2016.
Existing law requires 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, as specified. Existing law requires the board, in consultation
with certain individuals, including a county supervisor or county
administrative officer, a county sheriff, and the Secretary of the
Department of Corrections and Rehabilitation, to develop definitions
of specified key terms in order to facilitate consistency in local
data collection, evaluation, and implementation of evidence-based
programs.
This bill would enact the Criminal Justice Reinvestment Assessment
Grant Program of 2016. The bill would require the grant program to
be administered by the Board of State and Community Corrections for
the purpose of establishing and implementing reporting systems to
identify and expand programs that provide proven, evidence-based,
local programming opportunities for the successful reintegration of
offenders into society.
The bill would authorize the board to award grants to assist
counties with the creation or expansion of infrastructure that allows
each county to consistently collect and report specified criminal
justice information. The bill would require each local community
corrections partnership, on or before June 1, 2016, to report to the
board on the county's capacity to collect and report the data
required. The bill requires the board to review each assessment and
to prioritize and award grants to the counties.
The bill would require each county to report specified data to the
board, on or before January 1, 2017, and annually thereafter,
pertaining to offenders sentenced as felons to serve in local
correctional facilities and felons released from prison to community
supervision. The bill would require the board to summarize these data
and report the summaries to the Governor and the Legislature, on or
before May 15, 2017, and annually thereafter.
By imposing data collection and reporting duties on local
governments, this bill would impose a state-mandated local program.
The bill would appropriate an unspecified sum to the board for
purposes of funding the grants. The bill would state findings and
declarations of the Legislature regarding criminal justice
realignment.
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.
The bill would declare that it is to take effect immediately as an
urgency statute.
Existing law defines grand theft as the wrongful taking of money,
labor, or property of a value exceeding $950, except as specified.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.5 (commencing with Section
6033) is added to Chapter 5 of Title 7 of Part 3 of the
Penal Code , to read:
Article 1.5. Criminal Justice Reinvestment Assessment Grant
Program of 2016
6033. This article shall be known, and may be cited, as the
Criminal Justice Reinvestment Assessment Grant Program of 2016.
6033.2. The Legislature finds and declares all of the following:
(a) The Legislature is committed to reducing recidivism among
criminal offenders, ensuring that local governments have adequate
funding to achieve this goal, and facilitating the responsible
implementation of the criminal justice policies contained in the 2011
Realignment Legislation addressing public safety.
(b) By enacting the 2011 Realignment Legislation addressing public
safety, the Legislature affirmed its commitment to justice
reinvestment and stated that the purpose of justice reinvestment is
to manage criminal justice populations more cost effectively,
generating savings that can be reinvested in evidence-based
strategies that increase public safety while holding offenders
accountable.
(c) The 2011 Realignment Legislation addressing public safety
represents a significant shift of responsibilities. However, the
quick and unanticipated nature of the passage of this legislation, in
combination with broad county discretion in its implementation,
offers a unique opportunity to identify best practices in community
corrections and the impacts of correctional decentralization.
(d) The 2011 Realignment Legislation addressing public safety did
not require counties to collect data on outcome measures, nor did it
provide specific resources for data collection that if adequately
funded and properly implemented would allow policymakers,
researchers, stakeholders, and counties to take advantage of the
historic opportunity to study and evaluate the changing felon
population and the strategies and interventions that counties employ
to reduce recidivism.
(e) The Bureau of State Audits' September 2013 High Risk report
identified the 2011 realignment of criminal justice responsibilities
between the state and counties as a "high-risk" policy, citing a lack
of "reliable and meaningful realignment data to ensure the state'
s] ability to effectively monitor progress toward achieving intended
realignment goals."
(f) The Department of Corrections and Rehabilitation published a
document in April 2012 entitled "The Future of California
Corrections," sometimes referred to as the "Corrections Blueprint" or
the "Blueprint," detailing the department's plan to implement the
2011 Realignment Legislation, address public safety, and save
billions of dollars. The Department of Finance and the Department of
Corrections and Rehabilitation published a report in January 2016
entitled "An Update to the Future of California Corrections," which
indicated that after making certain specified adjustments the
Governor's proposed budget for the Department of Corrections and
Rehabilitation for the 2016-17 fiscal year is one billion three
hundred million dollars ($1,300,000,000) less than the
pre-Realignment, pre-Blueprint multi-year forecast for the Department
of Corrections and Rehabilitation for the same fiscal year. It is
the intent of the Legislature to reinvest some or all of these
savings in programs that reduce criminal recidivism, including a
program to establish and implement reporting systems that are
necessary to facilitate the identification and expansion of programs
that provide proven evidence-based local programming opportunities
for the successful reintegration of offenders into society.
6033.4. (a) The Criminal Justice Reinvestment Assessment Grant
Program of 2016, which is hereby established, shall be administered
by the Board of State and Community Corrections for the purpose of
establishing and implementing reporting systems to identify and
expand programs that provide proven, evidence-based, local
programming opportunities for the successful reintegration of
offenders into society. The board shall award grants to assist
counties with the creation or expansion of infrastructure that allows
each county to consistently collect and report criminal justice
information as required by Sections 6033.10 and 6033.12.
(b) For purposes of this article, "board" means the Board of State
and Community Corrections.
6033.6. (a) On or before June 1, 2016, each local community
corrections partnership established pursuant to Section 1230 shall
report to the board on the county's capacity to collect and report
the data required by Sections 6033.10 and 6033.12. The report shall
include a local plan that identifies the additional resources
necessary for that county to consistently collect and report criminal
justice information as required by Sections 6033.10 and 6033.12.
(b) The board shall review each assessment submitted pursuant to
subdivision (a) and shall prioritize and award grants pursuant to
Section 6033.8. Funding shall be used to supplement, rather than
supplant, existing programs. Grant funds shall be used for programs
that are identified in the local plan submitted pursuant to
subdivision (a).
(c) The board shall submit to the Legislature on or before June
15, 2016, a report detailing the estimated need, cost, and schedule
for each county to consistently collect and report criminal justice
information as required by Sections 6033.10 and 6033.12. The report
shall be submitted in compliance with Section 9795 of the Government
Code.
6033.8. (a) The board shall establish minimum standards, funding
schedules, and procedures for awarding grants, which shall take into
consideration, but not be limited to, all of the following:
(1) Size of the county.
(2) Demonstrated efforts to report data prior to January 1, 2017.
(3) Demonstrated ability to report data prior to January 1, 2017.
(b) The board shall give preference to counties that have
demonstrated efforts to independently collect data on a countywide
basis.
6033.10. (a) On or before January 1, 2017, and annually each year
thereafter, each county shall report specified data to the board in
a format prescribed by the board. The board shall specify and define
minimum required reporting which shall include, but not be limited
to, the following for each individual sentenced pursuant to
subdivision (h) of Section 1170:
(1) Individual identifiers.
(2) County identifiers.
(3) Date of birth.
(4) Gender.
(5) Race or ethnicity.
(6) Age at first arrest.
(7) Conviction offense.
(8) Sanction or sentence received.
(9) Total jail time served.
(10) Release status.
(11) Violations of probation.
(12) Rearrests.
(13) Reconvictions.
(14) Any other return to custody.
(15) Use of flash incarceration.
(16) Assessed risk level.
(17) Participation in pretrial programs.
(18) Participation in specialty court.
(19) Participation in day reporting release programs.
(20) Participation in electronic monitoring programs.
(21) Participation in community service release programs.
(22) Participation in work release programs.
(23) Participation in intensive probation supervision.
(24) Needs assessment.
(25) Any reentry programming provided.
(26) Participation in cognitive behavioral therapy.
(27) Participation in mental health treatment.
(28) Participation in substance abuse treatment.
(29) Participation in gender-specific programming.
(30) Participation in family programming.
(31) Any health care assistance provided.
(32) Any housing assistance provided.
(33) Any income support provided.
(34) Any employment assistance provided.
(35) Any vocational training assistance provided.
(36) Any educational enrollment assistance provided.
(37) Any mentoring programming provided.
(38) Any peer support programming provided.
(b) The board shall compile the local reports and, by May 15,
2017, and, notwithstanding Section 10231.5 of the Government Code, by
May 15 of each year thereafter, make a report to the Governor and
the Legislature that summarizes the data reported by the counties
pursuant to subdivision (a). The report submitted to the Legislature
shall be submitted in compliance with Section 9795 of the Government
Code.
6033.12. (a) On or before January 1, 2017, and annually each year
thereafter, each county shall provide specified data to the board in
a format prescribed by the board. The board shall specify and define
minimum required reporting which shall include, but not be limited
to, the following for each individual supervised pursuant to Section
3451:
(1) Violations of postrelease community supervision.
(2) Rearrests.
(3) Reconvictions.
(4) Any other return to custody.
(5) Use of flash incarceration.
(6) Participation in intensive probation supervision.
(7) Any reentry programming provided.
(8) Participation in cognitive behavioral therapy and whether the
individual has completed or failed to complete the therapy's
requirements.
(9) Participation in mental health treatment and whether the
individual has completed or failed to complete the treatment's
requirements.
(10) Participation in substance abuse treatment and whether the
individual has completed or failed to complete the treatment's
requirements.
(11) Participation in gender-specific programming.
(12) Participation in family programming.
(13) Any health care assistance provided.
(14) Any housing assistance provided.
(15) Any income support provided.
(16) Any employment assistance provided.
(17) Any vocational training assistance provided.
(18) Any educational enrollment assistance provided.
(19) Any mentoring programming provided.
(20) Any peer support programming provided.
(b) The board shall compile the local reports and, by May 15,
2017, and, notwithstanding Section 10231.5 of the Government Code, by
May 15 of each year thereafter, make a report to the Governor and
the Legislature that summarizes the data reported by the counties
pursuant to subdivision (a). The report submitted to the Legislature
shall be submitted in compliance with Section 9795 of the Government
Code.
6033.14. (a) The amount of ____ dollars ($____) is hereby
appropriated from the General Fund to the board for the 2016-17
fiscal year for the purpose of implementing this article.
(b) The board may award up to the amount of the appropriation,
less the board's administrative costs, not to exceed 5 percent of the
total grant funding awarded statewide, as individual grants not
exceeding ____to counties to assist in establishing data reporting
systems that will allow a county to consistently collect and report
criminal justice information as required by Sections 6033.10 and
6033.12.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to ensure that relevant data pertaining to the 2011
Realignment Legislation addressing public safety are collected and
reported as soon as possible to allow stakeholders to measure the
effectiveness of this landmark change in public safety policy, it is
necessary that this bill go into immediate effect.
SECTION 1. Section 487 of the Penal Code is
amended to read:
487. Grand theft is theft committed in any of the following
cases:
(a) When the money, labor, or real or personal property taken is
of a value exceeding nine hundred fifty dollars ($950), except as
provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding two hundred fifty dollars
($250).
(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), the value may be
shown by the presentation of credible evidence that establishes that
on the day of the theft domestic fowls, avocados, olives, citrus or
deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops of the same variety and weight exceeded two hundred
fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding two
hundred fifty dollars ($250).
(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more in
any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.
