This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.

 THIRD READING  

Bill No: AB 88

Author: Committee on Budget

Amended: 6/22/20 in Senate

Vote: 21

SENATE BUDGET & FISCAL REVIEW COMMITTEE: 12-6, 6/24/20

AYES: Mitchell, Beall, Caballero, Durazo, Leyva, McGuire, Monning, Pan, Roth, Skinner, Stern, Wieckowski

NOES: Nielsen, Dahle, Hurtado, Melendez, Moorlach, Morrell

ASSEMBLY FLOOR: Not relevant

SUBJECT: Public safety

SOURCE: Author

DIGEST:

This bill provides for statutory changes to enact the public safety-related provisions of the Budget Act of 2020.

ANALYSIS: This bill makes, as part of the 2020-21 Budget package, statutory changes to implement the Budget Act. Specifically, this bill makes the following changes:

1. Indigent Defense. Requires the State Public Defender to provide training and assistance to provide assistance to public defender offices and to other counsel appointed to represent indigent defendants in complex matters. Repeals provisions authorizing the State Public Defender to hire additional staff attorneys and support staff and repeals the requirement to formulate plans for the representation of indigents in specified courts.
2. Sex Offender Registration SB 384 (Wiener, Chapter 541, Statutes of 2017) Amendment. Staggers petition dates for registrants, which will allow a registrant with a conviction for a registerable sex offense to petition for termination only on or after their next birthday following July 1, 2021. Allows courts to summarily deny petitions that are statutorily ineligible and require law enforcement agencies to report receipt of a filed petition in the manner prescribed by the Department of Justice.
3. Elimination of Integrated Services for Mentally Ill Parolees (ISMIP) Program. Eliminates the ISMIP program. CDCR anticipates savings of $8.1 million General Fund in 2020-21, increasing to $16.3 million General Fund in 2021-22 and ongoing.
4. Prison Closure. Requires the identification of a state owned and operated prison for closure by January 10, 2021, and second state owned and operated prison for closure by January 10, 2022. Requires the consideration of factors, including costs associated with operations and capital outlay needs, and operational flexibility.
5. Criminal Records Automatic Relief. Adjusts the timeline for implementation of AB 1076 (Ting, Chapter 578, Statutes of 2019), and provides a technical clarification for the Teacher Credentialing Program.
6. Expanding College Opportunities for People with Criminal Records. Prohibits a postsecondary education institution, exempting all professional degree or basic law enforcement granting training program, from inquiring about a prospective student’s criminal history on an initial application form or at any time during the application process before the institution’s final decision relative to the prospective student’s application for admission. A postsecondary educational institution shall make any necessary changes to its application form to comply with the statutory changes by the fall term of the 2021–22 academic year.
7. Firearms Precursor Parts. Adjusts the timeline for implementation of AB 879 (Gipson, Chapter 730, Statutes of 2019).
8. Updates to Elderly Parole and Compassionate Release to Address COVID-19 Concerns. Changes the life expectancy for inmates who are eligible for recall of sentence for compassionate release from six months to 12 months and removes the Board of Parole Hearing from the process. Changes age for elderly parole eligibility from 60 to 50 and time served from 25 to 20 years.
9. Other Firearm Registrations (Pifles). Expands the definition of an assault weapon to include a semiautomatic firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine but has any one of the attributes currently associated with assault weapons, that has a fixed magazine with the capacity to accept more than 10 rounds, or has an overall length of less than 30 inches.  Provides an exception to the prohibition on possessing an assault weapon that is not a rifle, pistol, or shotgun if the person lawfully possessed the weapon prior to July 1, 2020, and registers the weapon by January 1, 2022. Prohibits the joint registration of an assault weapon that is not a rifle, pistol, or shotgun.
10. Remote Court Appearances. Allows preliminary hearings and trials to be held by two-way electronic audio-video communication if a defendant within the jurisdiction of the California Department of Corrections and Rehabilitation agrees and requires to arrange for communication between the superior court and any state prison in these situations. This language is a proactive cost containment strategy intended to reduce overall transportation costs and mitigate the need for future budget augmentations in this area.
11. Conforming Statute to Realignment in Response to People v. Vega. Modifies legislative, non-proposition-approved statute to delete reference to location of facility for time served so that underlying crime is determiner of facility where sentence is served.
12. Pharmacy Compliance. Revises the definition of a correctional pharmacy, requires the implementation of the California Correctional Health Care Services Health Care Department Operations Manual, requires the quarterly inspection of correctional clinics by a pharmacist, and revises provisions to allow for removal and administering or furnishing of a drug in cases where a delay in therapy may cause patient harm.
13. Statewide Authority to Implement Optional Misdemeanor Diversion. Includes statutory changes to authorize a judge in a superior court in which a misdemeanor is being prosecuted to offer misdemeanor diversion.
14. Young Adult Pilot Program Suspension. Includes statutory changes to suspend the young adult pilot program in the Division of Juvenile Justice to achieve cost savings.
15. Update to Parole Terms and Earned Discharge. Requires a person released from state prison on or after July 1, 2020, and subject to parole supervision by the California Department of Corrections and Rehabilitation to serve a parole term of two years for a determinate term and a parole term of three years for a life term. Requires the Division of Adult Parole Operations to review these individuals for earlier discharge, as specified.

The aforementioned statutory changes do not apply to any inmate currently incarcerated for an offense that will require the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. Overall, establishing a new maximum term for parole for most offenders and earned discharge processes will result in General Fund savings of $23.2 million and a reduction of 122.9 positions in 2020-21.

1. Health Care Facility Infrastructure Projects. Increases the California Department of Corrections and Rehabilitation's lease revenue bond authority for the construction of various Health Care Facility Improvement Projects. Specifically, this bill provides an augmentation of $32.5 million for these projects, increasing the total for these projects from $1.13 billion to $1.17 billion.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes

According to the Senate Budget & Fiscal Review Committee, the funding related to the changes in this bill is contained in the 2020-21 Budget Act.

SUPPORT: (Verified 6/23/20)

None received

OPPOSITION: (Verified 6/23/20)

None received

Prepared by: Christopher Francis / B. & F.R. / 916-651-4103

6/25/20 0:58:19

**** END ****

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 88

Author:(Committee on Budget)

As Amended Ver:June 22, 2020

Majority vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

This is the public safety omnibus bill to implement various provisions of the 2020 Budget Act.

The Senate Amendments:

1. Expands the definition of an assault weapon to include a semiautomatic firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine but has any one of the attributes currently associated with assault weapons, that has a fixed magazine with the capacity to accept more than ten rounds, or has an overall length of less than 30 inches. Provides an exception to the prohibition on possessing an assault weapon that is not a rifle, pistol, or shotgun if the person lawfully possessed the weapon prior to July 1, 2020 and registers the weapon by January 1, 2022. Prohibits the joint registration of an assault weapon that is not a rifle, pistol, or shotgun.
2. Increases the lease revenue bond authority available for the Health Care Facility Improvement Programs and includes provisions related to notification requirements to the Joint Legislative Budget Committee.
3. Allows preliminary hearings and trials to be held by two-way electronic audio-video communication if a defendant within the jurisdiction of the California Department of Corrections and Rehabilitation agrees.
4. Suspends the young adult pilot program in the Division of Juvenile Justice.
5. Requires the identification of a state owned and operated prison for closure by January 10, 2021 and a second state owned and operated prison for closure by January 10, 2022.
6. Adjusts the timeline for of implementation AB 879 (Gipson), Chapter 730, Statutes of 2019.
7. Requires a person released from state prison subject to parole supervision by the Department of Corrections and Rehabilitation, to serve a parole term of two years for a determinate term and a parole term of three years for a life term, requires the Division of Adult Parole Operations to review these individuals for earlier discharge as specified, and excludes individuals serving time for offenses that require them to register per Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
8. Authorizes judicial discretion in offering misdemeanor diversion to individuals prosecuted for misdemeanors.
9. Adjusts the timeline for implementation of AB 1076 (Ting), Chapter 578, Statutes of 2019 and provides a technical clarification for the Teacher Credentialing Program.
10. Changes the life expectancy for inmates who are eligible for recall of sentence for compassionate release from six months to 12 months and removes the Board of Parole Hearing from the process.
11. Requires the State Public Defender to provide training and assistance to public defender offices and other counsel appointed to represent indigent defendants in complex matters. Repeals provisions authorizing the State Public Defender to hire additional staff attorneys and support staff and repeals the requirement to formulate plans for the representation of indigents in specified courts.
12. Prohibits a postsecondary education institution, exempting all professional degrees and basic law enforcement training granting programs, from inquiring about a prospective student's criminal history on an initial application form or at any time during the application process before the institution's final decision for admission.
13. Revises the definition of a correctional pharmacy, requires the implementation of the California Correctional Health Care Services Health Care Department Operations Manual, requires the quarterly inspection of correctional clinics by a pharmacist, and revises provisions to allow for removal and administering or furnishing of a drug in cases where a delay in therapy may cause patient harm.
14. Changes the age for elderly parole eligibility from 60 to 50 and time served from 25 to 20 years.
15. Staggers petition dates for sex offender registrants pursuant to SB 384 (Wiener), Chapter 541, Statutes of 2017, which will allow a registrant with a conviction for a registerable sex offense to petition for termination only on or after their next birthday following July 1, 2021. Allows courts to summarily deny petitions that are statutorily ineligible and require law enforcement agencies to report receipt of a filed petition in the manner prescribed by the Department of Justice.
16. Eliminates the Integrated services for Mentally Ill Parolees program.
17. Deletes reference to location of facility for time served so that underlying crime is the determiner of facility where sentence is served in accordance with People v. Vega.

COMMENTS:

According to the Author:

None

Arguments in Support:

None on file.

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

This bill makes an appropriation by increasing the amount of funds that are continuously appropriated to the State Public Works Board on behalf of the California Department of Corrections and Rehabilitation for the Health Care Facility Improvement Program.

VOTES:

ASSEMBLY FLOOR: 54-13-13

YES: Aguiar-Curry, Bauer-Kahan, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chu, Cooper, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Limón, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NO: Bigelow, Brough, Dahle, Flora, Fong, Gallagher, Kiley, Mathis, Melendez, Obernolte, Patterson, Voepel, Waldron

ABS, ABST OR NV: Arambula, Berman, Chen, Chiu, Choi, Cooley, Cunningham, Diep, Eduardo Garcia, Lackey, Levine, Low, Mayes

UPDATED:

VERSION: June 22, 2020

CONSULTANT: Jennifer Kim / BUDGET / (916) 319-2099 FN: 0003132

SENATE COMMITTEE ON

Senator Holly Mitchell, Chair

2019 - 2020 Regular

Bill No: Hearing Date: June 24, 2020

Subject: Public Safety

Summary:

Provides for statutory changes to enact the public safety-related provisions of the Budget Act of 2020.

Background:

As part of the 2020-21 budget package, AB 88 makes statutory changes to implement the budget act.

Proposed Law:

This bill makes the following statutory changes:

1. Indigent Defense. Requires the State Public Defender to provide training and assistance to provide assistance to public defender offices and to other counsel appointed to represent indigent defendants in complex matters. Repeals provisions authorizing the State Public Defender to hire additional staff attorneys and support staff and repeals the requirement to formulate plans for the representation of indigents in specified courts.
2. Sex Offender Registration SB 384 (Wiener), Chapter 541, Statutes of 2017 Amendment. Staggers petition dates for registrants, which will allow a registrant with a conviction for a registerable sex offense to petition for termination only on or after their next birthday following July 1, 2021.  Allows courts to summarily deny petitions that are statutorily ineligible and require law enforcement agencies to report receipt of a filed petition in the manner prescribed by the Department of Justice.
3. Elimination of Integrated Services for Mentally Ill Parolees (ISMIP) Program. Eliminates the ISMIP program. CDCR anticipates savings of $8.1 million General Fund in 2020-21, increasing to $16.3 million General Fund in 2021-22 and ongoing.
4. Prison Closure. Requires the identification of a state owned and operated prison for closure by January 10, 2021 and second state owned and operated prison for closure by January 10, 2022. Requires the consideration of factors, including costs associated with operations and capital outlay needs, and operational flexibility.
5. Criminal Records Automatic Relief. Adjusts the timeline for implementation of AB 1076 (Ting), Chapter 578, Statutes of 2019, and provides a technical clarification for the Teacher Credentialing Program.
6. Expanding College Opportunities for People with Criminal Records. Prohibits a postsecondary education institution, exempting all professional degree or basic law enforcement granting training program, from inquiring about a prospective student’s criminal history on an initial application form or at any time during the application process before the institution’s final decision relative to the prospective student’s application for admission. A postsecondary educational institution shall make any necessary changes to its application form to comply with the statutory changes by the fall term of the 2021–22 academic year.
7. Firearms Precursor Parts. Adjusts the timeline for of implementation AB 879 (Gipson), Chapter 730, Statutes of 2019.
8. Updates to Elderly Parole and Compassionate Release to address COVID-19 concerns. Changes the life expectancy for inmates who are eligible for recall of sentence for compassionate release from six months to 12 months and removes the Board of Parole Hearing from the process. Changes age for elderly parole eligibility from 60 to 50 and time served from 25 to 20 years.
9. Other Firearm Registrations (Pifles). Expands the definition of an assault weapon to include as semiautomatic firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine but has any one of the attributes currently associated with assault weapons, that has a fixed magazine with the capacity to accept more than ten rounds, or has an overall length of less than 30 inches.  Provides an exception to the prohibition on possessing an assault weapon that is not a rifle, pistol, or shotgun if the person lawfully possessed the weapon prior to July 1, 2020, and registers the weapon by January 1, 2022. Prohibits the joint registration of an assault weapon that is not a rifle, pistol, or shotgun.
10. Remote Court Appearances. Allows preliminary hearings and trials to be held by two-way electronic audio-video communication if a defendant within the jurisdiction of the California Department of Corrections and Rehabilitation agrees and requires to arrange for communication between the superior court and any state prison in these situations. This language is a proactive cost containment strategy intended to reduce overall transportation costs and mitigate the need for future budget augmentations in this area.
11. Conforming Statute to Realignment in response to People v. Vega. Modifies legislative, non-proposition-approved statute to delete reference to location of facility for time served so that underlying crime is determiner of facility where sentence is served.
12. Pharmacy Compliance. Revises the definition of a correctional pharmacy, requires the implementation of the California Correctional Health Care Services Health Care Department Operations Manual, requires the quarterly inspection of correctional clinics by a pharmacist, and revises provisions to allow for removal and administering or furnishing of a drug in cases where a delay in therapy may cause patient harm.
13. Statewide authority to implement optional Misdemeanor Diversion. Includes statutory changes to authorize a judge in a superior court in which a misdemeanor is being prosecuted to offer misdemeanor diversion.
14. Young Adult Pilot Program Suspension. Include statutory changes to suspend the young adult pilot program in the Division of Juvenile Justice to achieve cost savings.
15. Update to Parole Terms and Earned Discharge. Requires a person released from state prison on or after July 1, 2020 and subject to parole supervision by the Department of Corrections and Rehabilitation to serve a parole term of two years for a determinate term and a parole term of three years for a life term. Requires the Division of Adult Parole Operations to review these individuals for earlier discharge as specified.

The aforementioned statutory changes do not apply to any inmate currently incarcerated for an offense that will require the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. Overall, establishing a new maximum term for parole for most offenders and earned discharge processes will result in General Fund savings of $23.2 million and a reduction of 122.9 positions in 2020-21.

1. Health Care Facility Infrastructure Projects: Increases the California Department of Corrections and Rehabilitation's lease revenue bond authority for the construction of various Health Care Facility Improvement Projects. Specifically, this bill provides an augmentation of $32.5 million for these projects, increasing the total for these projects from $1.13 billion to $1.17 billion.

Fiscal Effect:

The funding related to the changes in this bill is contained in the 2020-21 budget act.

Support:

None on file.

Opposed:

None on file.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 88

Author:(Ting)

As Introduced Ver:December 3, 2018

Majority vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.

Major Provisions

COMMENTS:

According to the Author:

Arguments in Support:

Arguments in Opposition:

FISCAL COMMENTS:

VOTES:

UPDATED:

VERSION: December 3, 2018

CONSULTANT: Christian Griffith / BUDGET / (916) 319-2099 FN: 0000131