BILL ANALYSIS                                                                                                                                                                                                    Ó






                  SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
                                Mark Leno, Chair
                                        
          Bill No:       AB 84
          Author:        Committee on Budget
          As Amended:    September 3, 2013
          Consultant:    Joe Stephenshaw
          Fiscal:        Yes
          Hearing Date:  September 4, 2013
          
          Subject:       Public Safety

          Summary:    This bill establishes an advisory California  
          Commission on Public Safety, and enacts the Public Safety  
          Performance Incentive Act of 2013.

          Background:  This bill broadly pertains to federal  
          litigation concerning conditions in California's prisons  
          that began in 1990 (Coleman v. Brown -- mental health) and  
          expanded in 2001 (Plata v. Brown -- health care).  In 2005,  
          the Plata court established the Receivership and, in 2006,  
          the plaintiffs in Coleman and Plata sought a three-judge  
          federal court under the Prison Litigation Reform Act of  
          1996 capable of issuing a population reduction order.  That  
          panel was convened in July of 2007 and, in August of 2009,  
          that panel issued an order directing the state to reduce  
          the institutional prison population to 137.5 percent of  
          design capacity within two years.  

          On May 23, 2011, The United States Supreme Court upheld  
          this population limit, along with the two-year deadline  
          imposed to achieve the reduction.  Writing the Opinion of  
          the Court, Justice Kennedy noted the state already had made  
          "significant progress toward reducing its prison population  
          . . .  If significant progress is made toward remedying the  
          underlying constitutional violations, that progress may  
          demonstrate that further population reductions are not  
          necessary or are less urgent than previously believed.   
          Were the State to make this showing, the three-judge court  
          in the exercise of its discretion could consider whether it  
          is appropriate to extend or modify this timeline."

          Following the Supreme Court's decision, in June of 2011 the  
          three-judge court issued an order setting a schedule for  
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          prison population reductions, meeting 137.5 percent of  
          design capacity by June 27, 2013.  In October of 2011, AB  
          109 (realignment) was enacted as a primary means for the  
          state to achieve the population reduction.  Numerous court  
          filings followed throughout 2012, generally reflecting the  
          parties' sparrings as to whether the state could in fact  
          meet the deadline, whether the 137.5 percent cap should be  
          modified, and whether the state already was in contempt of  
          the court's order.  These legal battles, too numerous to  
          specify, generally amplified in 2013, including motions on  
          the part of the state to vacate or modify the 137.5 percent  
          of design capacity order, and a motion to terminate the  
          Coleman case.  At this time, the Governor declared that the  
          crisis in the prisons was resolved, and terminated his  
          emergency powers necessary to form out-of-state prison  
          contracts to ease the in-state population levels.  In  
          January, the three-judge court granted the state a  
          six-month extension to meet the population reduction order,  
          which is the December 31, 2013 deadline now faced by the  
          state.  In April, the panel ordered the state to  
          "immediately take all steps necessary" to comply with the  
          reduction order.  This summer, the Supreme Court denied the  
          administration's motion to stay the December 31, 2013  
          deadline for reaching 137.5 percent of design capacity.   
          The Administration's appeal seeking plenary review of the  
          three-judge court's orders is now pending before the  
          Supreme Court.

           This bill  would address California's correctional policies  
          and practices, pertaining to the prison overcrowding  
          litigation described above, as follows:

           This bill  would establish an advisory, permanent 18-member  
          "Public Safety Commission" for the purposes of 1) providing  
          information and recommendations  to the legislature and the  
          Governor in 2015 and thereafter to assist with prison  
          population management options consistent with public  
          safety, effective correctional practices, and the effective  
          allocation of public safety resources; develop  
          recommendations for the Legislature and the Governor to  
          consider in 2015 and thereafter regarding criminal  
          sentences and evidence-based programming for criminal  
          offenders; and develop recommendations for the Legislature  
          and the Governor to consider sentencing credits by no later  
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          than December 1, 2015.

          The commission would be staffed independently by staff  
          physically sited in the Administrative Office of the  
          Courts.

           This bill  would enact the "Public Safety Performance  
          Incentive Act of 2013," with the following key features:

                     The Act would be supported with seed funding to  
                 all counties, as specified, based upon per capita  
                 18-25 population, to support evidence-based programs  
                 and practices likely to reduce the number of  
                 offenders admitted to state prison, as specified.
               
                     The Act would be supported with seed funding to  
                 superior courts to support the administration and  
                 operation of court programs and practices known to  
                 reduce offender recidivism, as specified.
               
                     The Act would establish an incentive-based  
                 funding formula by which counties that succeed in  
                 reducing crime among felony offender populations --  
                 measured by reductions in new admission to state  
                 prison -- receive state grant funding to support  
                 local criminal justice programs and practices.
               
                     The Act would use new prison admissions from  
                 2012 and the first eight months of 2013 to establish  
                 a statewide baseline against which to measure future  
                 reductions.
               
                     The Act would require the Administrative Office  
                 of the Courts, in consultation with specified  
                 stakeholders, to specify and define minimum  
                 outcome-based measures, as specified, and to provide  
                 annual reports on the implementation of the Act.

          Fiscal Effect:  

          This bill appropriates $1 million from the General Fund for  
          the purposes of supporting the Public Safety Commission for  
          the remainder of the current fiscal year.

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          This bill appropriates $180 million from the General Fund  
          for the purposes of supporting the Public Safety  
          Performance Incentive Act of 2013 with respect to county  
          criminal justice practices and programs, as specified, for  
          the remainder of the current fiscal year.

          This bill appropriates $20 million from the General Fund  
          for the purposes of supporting the Public Safety  
          Performance Incentive Act of 2013 with respect to superior  
          court programs and practices known to reduce offender  
          recidivism, as specified, for the remainder of the current  
          fiscal year.

          This bill contemplates not more than $315 million in future  
          annual funding to support local evidence-based criminal  
          justice practices and programming.

          This bill appropriates $500,000 from the General Fund to  
          the Administrative Office of the Courts for the purpose of  
          supporting the Public Safety Performance Incentive Act of  
          2013 for the remainder of the current fiscal year.

          Support:   Unknown

          Opposed:  Unknown

          Comments:  

           Federal Litigation:   This bill appears designed to address  
          the federal court's directive that California achieve a  
          durable remedy to prison overcrowding.  In addition, the  
          bill appears to be predicated on the federal court  
          modifying the December 31, 2013 deadline as a revision  
          appropriate to its equitable decree based on the state's  
          fiscal commitments reflected in the bill and the time  
          necessary to implement the bill's provisions.

           SB 678 Model:   The Public Safety Performance Incentive Act  
          contained in this bill is modeled after SB 678 (Leno -  
          2009), which incentivized improved, evidence-based  
          practices for felony probation supervision to reduce the  
          number of felony probationers being failed into prison.  In  
          2011, the second calendar year of SB 678 implementation,  
          California probation departments successfully diverted an  
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          average daily population of over 9,500 offenders from going  
          to state prison,  This action resulted in a 2011 state  
          savings of approximately $284 million (with total savings  
          of $536 million over the first three years).  Half of those  
          savings were shared with counties to continue their  
          successful supervision practices.

           Public Safety Commission:   This bill would create a  
          permanent, advisory commission to examine prison population  
          management practices and sentencing policies for the  
          purpose of developing information and recommendations to  
          the Legislature and the Governor.  The commission would be  
          comprised of 18 members, reflecting law enforcement, the  
          bench, the defense bar, specified experts, and others.  The  
          Governor would appoint the chair and executive director.  
           



























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