Administration of Justice 04/15/2011
Public Safety Realignment
Senate Passes Two Clean-up Measures: AB 94 and AB 117
On April 11, the Senate Budget and Fiscal Review Committee took
action on two bills related to public safety realignment: AB 94
and AB 117. The Senate passed both measures on a party-line vote
later that same day.
AB 94 would enact reforms to AB 900, the Public Safety and
Offender Rehabilitation Services Act of 2007, beyond changes made
in AB 111 signed last week by the Governor. The Governor’s AB 111
signing message referenced his intent to pursue legislation to
reduce the county match for local jail construction projects from
25% of eligible costs to 10% of eligible costs. AB 94 would make
this change prospectively for Phase II conditional awards.
Further, the measure would allow counties awarded jail
construction funds in Phase I to relinquish their award and
reapply for Phase II funds; would add a funding preference for
those counties awarded Phase I awards when applying for Phase II
funds; and would specify that Phase II awards may not exceed $100
million.
As for AB 117, that measure contains a number of technical
changes and corrections to AB 109, the 2011 realignment measure
that outlines, among other things, the low-level offender
population shift and adult parole transfer. Among the changes
sought in AB 117 is further exclusion of specified offenses from
the universe of low-level offenders that would serve their
sentences locally rather than in state prison. The bill would
also authorize counties to create a joint powers authority to
provide for the supervision of juvenile offenders serving time
locally as a result of the public safety realignment. Counties
will recall that AB 109 becomes operative only after the creation
of a community corrections grant program and an appropriation is
made to fund the program.
Both measures are now in the Assembly for consideration and
action.
Local Fees
AB 1053 (Gordon) – Sponsor/Support
As Introduced on February 18, 2011
AB 1053, by Assembly Member Rich Gordon, would authorize counties
to increase fees for several specified services including
laboratory analysis for specified alcohol and drug related
offenses, juvenile public defender registration, and birth and
death record requests. This measure is sponsored by CSAC.
It is important to note that the Assembly Member Gordon has
agreed to amend the measure as it relates to the alcohol and drug
lab fee components. In its introduced form, AB 1053 would
increase the fees for analysis charged to an offender from $50 to
$200 for a variety of offenses specified both in Penal Code
Section 1463.14 and Health and Safety Code Section 11372.5. As
agreed when the measure was heard in the Assembly Public Safety
Committee this week, the lab analysis fees will instead be
increased from $50 to $100. CSAC encourage counties to review and
consider supporting AB 1053. If you should have any questions on
the measure, please contact Rosemary L. McCool at
rmccool@counties.org.
AB 1053 passed out of the Assembly Public Safety Committee on
April 12 on a 5-1 vote. It will be heard next in the Assembly
Local Government Committee.
Brown Act
AB 392 (Alejo) – Request for Comment
As Amended on April 14, 2011
AB 392, by Assembly Member Luis Alejo, would amend Government
Code Sections 54954.2 and 54957.5 of the Brown Act. Specifically,
the recently amended measure seeks to require a local entity that
develops or receives any staff-generated reports related to a
posted agenda item in the time period following the posting of
the 72-hour notice to post that information on its website.
Further, it would prohibit the local legislative body from acting
on any matter for which staff-generated reports were received by
the local legislative body after the 72-hour notice, unless that
material is disclosed as specified in the measure. It also sets
similarly intended conditions for those jurisdictions that do not
currently maintain a website.
CSAC, along with a number of local government stakeholders, met
with the author to discuss local government concerns, primarily
costs and counties’ ability to comply, as well as operational
concerns around the provisions that would prolong local
jurisdictions from taking action on a given item. CSAC has
expressed serious concerns to the author’s office, and we
presently are reviewing the most recent amendments to formulate a
position for the bill’s upcoming policy committee hearing.
AB 392 will be heard in the Assembly Local Government Committee
on April 27, 2011.
Confidential Home Addresses
AB 3 (Miller) – Support
As Amended on April 14, 2011
AB 3, by Assembly Member Jeff Miller, would create a process by
which debt collection agencies may report and collect outstanding
debt for toll road violations of state and local government
officials and employees allowed to have their home addresses kept
confidential by the Department of Motor Vehicles (DMV).
Currently, millions of dollars goes uncollected due to collection
agencies inability to mail these notices of specified violations
to drivers whose home addresses are kept confidential. AB 3
provides an equitable solution by developing a process by which
agencies may provide citation information to the DMV and the DMV,
in turn, would provide notice to the registered vehicle owner
upon registration renewal. The driver would be prohibited from
renewing vehicle registration until payment is received by the
collection agency. This solution continues to protect the privacy
and confidentiality of those who seek to keep home address
information confidential as permitted under existing law, but
also requires fulfillment of payment obligations tied to
specified traffic violations.
AB 3 was heard in the Assembly Transportation Committee on April
11 and passed out of committee on a 14-0 vote. It will be heard
next in the Assembly Appropriations Committee.
Red Light Cameras
AB 1008 (Cook) – Watch
As Amended on April 4, 2011
AB 1008, by Assembly Member Paul Cook, seeks to place a
moratorium on the use of red light cameras effective January 1,
2012. Further, if a jurisdiction is operating a red light camera
before the January 1, 2012 moratorium date, it would be required
to undertake a study to determine the effectiveness of the
red-light camera system in improving public safety. In the
absence of this determination of improved public safety, the
jurisdiction would be required to cease operating the camera.
AB 1008 failed to get out of the Assembly Local Government
Committee on April 14, with the committee voting 1-4 against the
measure. The measure was granted reconsideration.
SB 29 (Simitian) – Request for Comment
As Amended on April 5, 2011
SB 29, by Senator Joe Simitian, is a reintroduction of his red
light cameras measure, SB 1362, of last year. CSAC continues to
seek county input on this measure.
Counties will recall that last year, Senator Simitian sought to
regulate the use of red-light cameras. SB 29 largely mirrors the
version of SB 1362 that remained in the Assembly Appropriations
Committee in 2010. The measure seeks to do the following:
- Prohibit revenue generation beyond what is needed to cover the costs of red light camera operation to be a motivating factor in installing red light cameras.
- Expand the information that shall be included on the citation to the vehicle’s registered owner.
- Require signage to be posted near intersections where red light cameras are in operation.
- Require uniform guidelines for screening and issuing violations and for the processing and storage of confidential information, and establish procedures to ensure compliance with guidelines.
- Require manufacturers or suppliers to report on various facets of their automated speed enforcement cameras to the Judicial Council on an annual basis.
- Set timelines for compliance with the measure.
SB 29 will be heard in the Senate Appropriations Committee on May 2.
State-by-State Survey of Recidivism Rates Now Available
The Public Safety and Performance Project released the first ever
state-by-state survey of recidivism rates in its report, State of
Recidivism: the Revolving Door of America’s Prisons, which can be
found here.
The study, conducted by The Pew Center on the States in
collaboration with the Association of State Correctional
Administrators, was based on a survey of state corrections
departments. The report examines two different release cohorts,
1999-2002 and 2004-2007, allowing for comparisons over time. It
also takes an in-depth look at three states that are implementing
strategies to reduce reoffending and corrections costs. The
report finds that if states could cut their recidivism rate by 10
percent, they could save an estimated $635 million combined in
just one year.