Administration of Justice update 8/22/14
Human Trafficking
SB 473 (Block) – Support
Enrolled on August 13, 2014
SB 473, by Senator Marty Block, would add human trafficking to the list of crimes used to establish criminal gang activity. The measure is sponsored by the counties of San Diego, Los Angeles and Alameda, which have experienced quite acutely the problems that flow from sexual exploitation of vulnerable populations. Three of the top ten highest trafficking areas in the nation are located in California: San Francisco, Los Angeles, and the San Diego metropolitan areas. SB 473 would give law enforcement and prosecutors another tool to curb this growing problem by enhancing the penalties associated with human trafficking tied to criminal street gang activities.
CSAC supports SB 473, which is enrolled and awaiting the Governor’s action.
Split Sentencing
Judicial Council Releases Draft Rule of Court on Presumption
The Judicial Council’s Criminal Law Advisory Committee has released proposed amendments to rules 4.411 and 4.411.5 of the California Rules of Court and adoption of a new rule to govern the imposition of mandatory supervision under Penal Code section 1170(h)(5). The new and revised rules of court were necessitated by from the enactment of a presumption of a split sentence included in this year’s public safety trailer bill (AB 1468). The advisory committee proposal includes criteria for court consideration and contents and requirements for related probation reports. The rules must be adopted by January 1, 2015; deadline for comments is 5:00 p.m., Friday, September 19, 2014. See this memo for additional details on the proposal; instructions on how to submit comments can be found here. CSAC strongly encourages counties and other interested parties to provide input on this important rule.
2014-15 Budget Trailer Bills
Counties should be aware that several budget trailer bills are before the Legislature to clarify and correct certain provisions of the 2014-15 budget. A few with provisions relevant to public safety / justice budget items are highlighted below:
AB 1476 (Assembly Budget Committee) makes a variety of changes to the 2014-15 Budget Act (SB 852), including the following adjustments or corrections to justice-related budget items of interest.
- Deletes from the Office of Planning and Research (OPR) a $5 million appropriation associated with social innovation bonds. (This item is restored and redirected to the Board of State and Community Corrections (BSCC) in AB 1479.)
- Clarifies that the $11.3 million appropriated to the BSCC is to be directed to probation departments for express purpose of addressing the limited-term increase in post-release community supervision population resulting from the increased credit earning required in the February 2014 three-judge panel order.
- Appropriates $27 million from the Judicial Branch’s Immediate and Critical Needs Account for preliminary plans and working drawings for the New Sacramento Court House.
AB 1479 (Assembly Budget Committee) – Public Safety Trailer Bill Clean-up
- Appropriates $5 million to the BSCC for the social innovation financing program (redirected from OPR, as noted above). As detailed in last week’s Bulletin, Assembly Speaker Toni Atkins’ measure, AB 1837, is the accompanying legislative vehicle to establish the social innovation program.
- Makes technical changes to parole hearing notification process (by authorizing regular rather than certified mail notification in certain instances)
AB 1481 (Assembly Budget Committee) – Jail Construction Bond Clean-Up
- Eliminates duplicative language authorizing an additional $500 million in state lease-revenue bond capacity for local jail rehabilitative facilities. SB 863 remains the stand-alone measure that codifies these provisions. (AB 1481 strips unnecessary language from AB 1468, the previously enacted public safety trailer bill.)